- Legal Articles
- Ask Elhais
August 18, 2019|
Question: My husband has been pushing me to leave him in Dubai and visit my family in my home country for some time. After I left, he said he could not afford for me to return to Dubai because of credit card debt and job insecurity. Eventually I realised that he just wants to live alone and avoid my expenses. His intention was to abandon me and I now have to work to support myself in my home country. What is the cost of hiring a lawyer in the UAE? Can I demand that my husband pay my legal fees as I expect to the win the case?
Answer: Under UAE law, a husband is obligated to cover maintenance expenses - including food, clothing, accommodation, medical treatment and a domestic helper - that are needed and suitable for a married couple.
The law also says that a wife can claim reimbursement of her backdated expenses for up to the past three years, if her husband has failed to provide her with the previously described maintenance.
With this in mind, you can visit the UAE and file a case to claim maintenance expenses from your husband. Such a case can be filed independently of a divorce case.
Lawyer's fees vary depending on numerous factors including, among others, legal experience, litigation strategy and the complexity of the case. Within your maintenance case against your husband, you can submit a request for him to reimburse your legal fees. Whether this will be granted to you is subject to the court's discretion.
Question: What are the steps required for a Muslim woman to file for divorce in Dubai? I would like to understand the procedure to send a notice to my husband and would like to know if there would be any counselling sessions which my husband should attend.
Answer: To start a divorce process in the UAE, you need to approach the Family Guidance Department - which is located within the premises of the Personal Status Courts - and register your divorce application.
The Department may take measures to notify your husband about your divorce application with the contact details shared by you.
Upon registration of your divorce application, a hearing will be scheduled where both you and your husband should be physically present before the counsellor.
The Department may try to pursue an amicable solution such as a reconciliation or a mutual divorce between the parties. If the dispute cannot be resolved amicably, the Department may provide a No Objection Certificate.
Subsequently, you need to move to the Personal Status Courts to register a divorce case. After the successful completion of the court proceedings, the judge may deliver an appropriate ruling on divorce.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.