Publications / Family Law


family law

|

April 07, 2016

|

4765 views


| Your comment matters, please click here to rate article!


Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

What Evidence Do I Need to Prove My Wife's Affair in Court?

Question: I am a non-Muslim Asian man. I discovered that my wife is having an affair with another man. I know it is a criminal offence in the UAE and I want to know about the punishment for such an offence. I would also like to know what kind of evidence is required to file a criminal case?

Answer: The punishment for adultery in the UAE is between one and three years imprisonment and deportation. However, a judge has the discretionary power to suspend the jail sentence altogether or reduce it significantly.

If you are planning to proceed with criminal charges against your wife and her boyfriend you should provide any kind of evidence you have, including witnesses, photos, videos, emails, messages exchanged or a letter of admission from your wife to you.

In general, the criminal court has full discretionary powers to evaluate and determine whether or not your wife committed adultery based on the subjective evidence you produce.

Bear in mind that if you want to proceed with criminal charges, the evidence submitted or investigated will need to establish that your wife had a physical relationship with another man. Proof that she had an affair will be sufficient in the family court to win favourable verdicts in divorce and custody cases. However, in a criminal court, an allegation of adultery would need to be substantiated with proof that a physical relationship existed outside wedlock.

It is worth noting that you have the right to request the Judicial Authority to check the SMS exchanges between your wife and her boyfriend. In general, if you have partial or reasonable evidence then you have the right to launch a case. Prosecutors will then have full discretionary powers to order an investigation into the matter or not.

Question: My husband and I jointly own a house in the UAE but I have decided to divorce him. Is it possible for me to claim my share of the house through the family court case that is upon us?

Answer: Unfortunately, you will have to file your claim for your share of the house in a separate property case. The matter relating to your shareholding in the house will be investigated by the court, provided your name is mentioned on the title deeds and the house sale and purchase agreement. Keep in mind that court charges when it comes to property are greater than charges at the family court. Also, if you are planning to sell your share in the house and your husband offers to buy it at the market rate as estimated by the court, your husband will have priority.

Related Links


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

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

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

...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

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

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

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.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

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

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
Marketing Manager, Express Digital System

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

Contact Me







Main Menu

Contact Me