family law


June 02, 2016



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Question: I am a working expatriate woman married to an Arab man. After we were married, my husband decided that he wanted me to stop working but I want to continue and my work is not affecting my role as a wife as I am fulfilling all my obligations. Can you advise how a court of law would rule on this matter?

Answer: As per article 72 of the UAE Personal Status Law, as a working woman you are not in breach of your commitments/ obligations as a wife to your husband. The law would not prevent you from working if you were married to your husband while you were already working and if there have been no new developments at your workplace or with your family that may affect the best interests of your family.

Question: I am a Muslim man who recently found out that my ex-wife remarried two years ago but she did not tell me about it. I now want to file a case against her to get custody rights of my child. However, I have been informed that such a case should have been filed within six months of my ex-wife remarrying. Can I still file a custody case?

Answer: According to Article 152 of the UAE Personal Status Law, the six-month period within which you should have made the custody claim does not apply in the below two scenarios:

1) If the person who is making the claim was not aware of the reasons or grounds that entitled him to make such a claim.

2) If the person making the claim had valid or reasonable grounds for not making the claim previously.

In your case, it is reasonable to think that one of the above grounds will apply, so you should still have the right to make a child custody claim.

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.

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