family law

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September 15, 2016

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No Inheritance for Widower Who is of Different Religion

Question: I am a Muslim man who was married to a Christian woman. My wife passed away, leaving assets in the UAE. Can I get shares in her assets in the UAE and how much would my share be?

Answer: Article 318 of the UAE Federal Law No?28 of 2005, the Personal Status Law, states that "there is no inheritance if religions are different". Therefore, unfortunately, if you were to approach the court for a share in your late wife's assets, the judge would not grant you your request due to the article of the law.

Question: I am an Asian Muslim woman and I want a divorce from my husband. However, I do not know what I should do about my residence visa, as my husband sponsors me and he is refusing to cancel it. Should I leave it like that? I am scared that it will result in an immigration ban.

Answer: You need to bear in mind that, after divorce becomes irrevocable, your ex-husband will not have the right to sponsor you anymore anyway. Therefore, once you're divorced, you should be able to cancel your residence visa by filing a request with the immigration authorities, along with a copy of the final divorce decree.

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.

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