Question: I was engaged to a man, from a different country to me, for two years. In that time, we had a baby but we also began to argue and decided not to marry. Our child remained with me and he agreed to pay maintenance allowance. He stopped sending money six months ago and will not answer my calls or messages. I've since discovered that he lives in the UAE. Although I do not live there, can I file a case against him in the Emirates?
Answer: UAE law prohibits a sexual relationship outside marriage. As a result, if a woman has a baby without being married, it will be considered illegal. Children born to unmarried couple are not recognized as legitimate children in the UAE and thus they do not have legal status in the country. Accordingly, you would not be able to claim child maintenance before the local court as the personal status courts typically do not maintain claims between unmarried partners and their children.
Question: My ex-husband and I separated several years ago. We are non-Muslims and we executed a divorce agreement between us in our home country. I do not live in Dubai any more but my ex-husband does. As per the divorce agreement, he must provide me with child support. However, he has refused to send me child support for the past few years. Can I file a claim for child support from him in the UAE?
Answer: As per Article 5 of the UAE Personal Status Law, the UAE courts shall have jurisdiction on family matters where the defendants are residents in the UAE. Since your husband is employed in Dubai, you may register a case against him in Dubai courts to claim maintenance as per the divorce agreement. To register a personal status case in Dubai, you must first attend a mandatory mediation before the Family Guidance Department, which is located in the premises of the Personal Status Courts. If the family matter is not resolved amicably, the Department will give the parties a No Objection Certificate to register a case in the court.
Question: My husband and I were married in Dubai and do not have any children. Since last year, my husband and I have been arguing and he moved out to live with another woman. I recently learnt that she had gone back to her home country to deliver their baby and has since returned to live with my husband in Dubai. I tried to reconcile with my husband on the premise that he abandon his new relationship but my reconciliation attempt failed and I would now like to pursue legal action against them.
Answer: Adultery is a crime punishable under the UAE Penal Code with up to one year of imprisonment and followed by mandatory deportation. The public prosecutor and the criminal courts have discretion to inquire into the significance of the evidence on record. The prosecution may investigate both your husband and his girlfriend and, if convicted, both may be punished. You may approach a lawyer to handle your criminal complaint and you may also file for divorce on the grounds of adultery regardless of whether you decide to file a criminal case or not.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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