- Legal Articles
- Ask Elhais
June 29, 2018|
Question: My wife and I got married in Dubai and have been living in the UAE for eight years. We have two children, a boy, 4, and a girl, 2. Recently, my wife visited our family doctor who told her she is suffering from depression. It seems she first became depressed after our daughter was born and when I ask her if I have contributed to her condition she always says no. She now wants to file for divorce. Will her divorce be granted?
Answer: Divorce can normally be claimed if a husband causes harm to his wife. If he did not hurt his wife or commit a specific mistake, the divorce application may not be accepted as there is no solid reason to file for a divorce. However, the wife can still apply for Khula, which is not a divorce but is another type of termination of a marriage. If she chooses to apply for Khula, she is obliged to return any and all gifts to her husband and she would have much less financial rights as compared to the ones that she would get if she files for a divorce.
Question: I am a Muslim man who married a European Muslim woman two years ago. A few days ago, we got into an argument when she said she wants to go back to her home country and never come back. Since our fight, I have tried to make things work between us but I feel like she is still not completely happy. She is due to travel to Europe next week for a holiday to see her family but I am afraid that once she reaches her home country, she will file a case against me and not return to Dubai. What I can do should that happen?
Answer: If your wife files for divorce in the courts of Europe, you may still file a case here in Dubai courts as far as both you still have valid UAE residency visas. If the foreign courts decided over the case while you have a UAE residence visa, then such judgment would not be recognised by the UAE courts. Article No. 235 of Civil procedure Law indicates that any foreign court order shall not be recognised by UAE courts if the local court has the jurisdiction to decide in the same case and if respondent has a UAE residence visa, then the local courts have jurisdiction to decide in this case.
Your email address will not be published.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.