- Legal Articles
- Ask Elhais
March 24, 2019|
Question: I am a non-Muslim resident and I want to divorce my husband as he has failed to support me and my children for more than five years. I have been taking care of myself and my children independently. When I asked him for divorce, he refused and left the country. Can I divorce him in his absence and without his consent?
Answer: According to UAE law, the husband is obliged to provide "maintenance" for his children. This includes food, shelter, clothing, medical care and to cover the costs of employing a housemaid, though only if the wife had a domestic helper when she lived in her father's home. The law also states that a father is obliged to make support payments to his sons until they are no longer studying and for their daughters until they are married.
Failure to provide maintenance is grounds for divorce, as is failure to make the support payments.
The wife is entitled to financial support, starting from the date of marriage. If he stops paying the support payments, he will be considered indebted to his wife until the payment is made. He will also be obliged to pay her the total amount of accumulated money from the date he stopped providing for her.
A claim for financial support, for a period exceeding three years from the date of filing a court case, will not be considered unless there is a prior agreement between the couple.
Accordingly, you are entitled to claim reimbursement of your back-dated expenses not exceeding three years.
Article 6/2 of the UAE Personal Status Law allows for you to divorce your husband in his absence, regardless of what your nationalities are.
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.
Your email address will not be published.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.