Question: I am an Asian expatriate and have signed a contract with my husband saying he has to give me the custody of my children and provide us with Dh7,000 a month in financial support. He paid for two years and then he stopped sending me money. When I confronted him he said he will raise an objection to the court. Later, when I filed an execution to enforce the agreement, he raised an objection called "Ishqaal". One of my friends told me "Ishqaal" will stop my proceeding till it is decided. Is this true? What can I do to protect myself? Can he keep prolonging my case and not pay me any money?
Answer: It is very unfortunate that your husband is trying to escape from his legal commitment. In any other cases, filing "Ishqaal" in the execution may suspend the proceeding till the "Ishqaal" is decided. However, the law - Article No. 11 of the UAE Personal Status Law No. 28 of 2005 - is very specific for cases such as yours where an agreement has been signed between both parties. The law indicates that "Ishqaal" against the alimony and custody settlement shall not suspend or freeze the proceeding, which means that even if your husband did "Ishqaal" he would still be obliged to pay you.
Question: I am a European expatriate based in Dubai and married to Asian woman. She filed a divorce case against me claiming that she has been insulted by me. However, neither she nor the witness could say what are insulting words I used were. The main argument of mine and my legal defence was to ask what the exact insulting words were since she may have considered them personally insulting but they technically were not. However, the court adopted her point of view and gave her the divorce. Do I have the right to appeal this judgment? And on which grounds?
Answer: Although your case is not precisely clarified in the UAE Personal Status Law, it has happened before in other cases like in a case No. 26/2002 in Supreme Court of Dubai. In that case the Supreme Court indicated that the First Instance Court had to indicate precisely what are the defamation words were to enable the Supreme Court to review them and confirm whether or not they are defamatory. So you may depend on this in your next appeal.
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.
My Ex husband has refused to pay
for alimony and went further to
file a new case .I got custudy of
our 2 children and he was aske to
pay alimony of 1000 for both
children as well as tuition fee. He
has not performed any financial
obligation towards them in the last
12months. .
Esther Ajuma
2019-07-16
In
furtherance to your query, kindly
be informed that in order to
receive maintenance expenses from
the ex-husband, as ordered by the
Family court, you are supposed to
register an application with the
Execution court by submitting the
judgment so issued in the matter.
Please feel free to contact us if
you prefer to have a meeting with
one of our lawyers for a more
detailed discussion on the matter.
Dr.
Hassan Elhais
Leave a Comment
Your email address will not be published. Required fields are marked *
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial
Abdullah Client
Verified
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere.The customer service was outstanding.. View testimonial
Salam Amir Client
Verified
Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.
Abed Awad Client
Verified
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.
Raphael Lauria Manager, FME General Trading
Verified
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.
Dr. Massimo Hakim Chairman, Italian Style
Verified
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.
Manish Gupta CEO, EDS FZE
Verified
Best lawyer in Dubai.
Aigul Beishembieva Client
Verified
Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!
Mukesh Pandey Client
Verified
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.
James Horsley British Client
Verified
Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.
May Ann Adrias Client
Verified
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
H.H. Sheikh Saeed Bin Mohammed Hashir Al Maktoum
Verified
We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial
Chandru Malkani Client
Verified
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.
Zhuo Liu Client
Verified
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.
Luis Pozueco Client
Verified
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.
Bassam Yamout Director, JM Metal Trading LCC
Verified
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
British Client
Verified
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Asma Mattar Manager, Italian Style
Verified
Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial
Ahmed Higazy Client
Verified
I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.
Rich Firth Client
Verified
Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial
Hossam ElDeeb Client
Verified
Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial
Please feel free to contact us if you prefer to have a meeting with one of our lawyers for a more detailed discussion on the matter. Dr. Hassan Elhais