Question: I divorced my husband in 2012 in Dubai. We are both Muslims and our marriage was revoked through Sharia. We had one child together and currently my child and I are based in another country and I receive monthly financial support from my former husband. My concern is that my husband's income has increased throughout the years but the alimony has never changed. My costs for raising the child by myself have grown significantly recently and I am struggling to understand what my rights are. My husband's income has doubled since we got divorced. What can I do to increase the financial support he provides?
Answer: Per the UAE Personal Status Law you may apply to have your maintenance increased once a calendar year if there are any changes in conditions. In your case you could file the request on the grounds that your husband's income has increased, as have the costs of providing for your child.
Question: My wife and I are from the UK and were married in Abu Dhabi. We are not Muslims. We have been living in the UAE for the past 10 years. Recently we started having arguments and I was seriously considering divorcing her. She said she was tired of being here without a job, tired of raising our child, and that she wanted to go back to the UK on holiday just to see her family. She travelled there two months ago and has not returned. We were communicating at first but then she said she did not want to come back and I've lost touch with her. I am extremely stressed and worried because I have not seen my child for a long time and I've failed to reach my wife's relatives. My life has become miserable since they left. Should I file a missing persons report, and if so, where should I do it - the UK or UAE? Will it be considered a crime my wife can be punished for? What happens if a wife takes a child to another country? I don't want my wife to face prison but I do want to get my child back.
Answer: You may file for custody and receive the judgment in absentia against your wife. Once the judgment is received, you may file a child abduction case, which is considered a criminal offence in the UAE. After receiving the judgment of the criminal case or at least after filing the criminal complaint, you have the right to file for an extradition request through Interpol. It is worth mentioning that you cannot file these cases simultaneously, because the outcome from one gives you the grounds to proceed with the other, and so on.
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.
Me and my Ex-wife got divorced here
in Abu Dhabi last 2020 and We are
both Muslim. I found out She
renewed her passport 2021, and last
April 2022 She ran away going to
USA with our 2 Kids without my
consent.
What case can I filed with here? Is
She can demand a support from USA
after a month or years? How Can I
stop giving them support because
She ran away.
Mohammed Hassan
2022-05-03
Since
the UAE is not a party to the Hague
convention, one may need to asses
his options, which could be, among
others, filing a custody case. It
is advisable to consult a family
law specialist to guide you on how
to proceed in these matters. If you
would like to schedule a
consultation, please do not
hesitate to contact us.
Dr.
Hassan Elhais
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