Most Read Contributor in United Arab Emirates, March 2017
Question: I have been married for more than
seven years. We have no children owing to my husband's medical
condition. We have been having treatment throughout this time,
trying for a child, but it has been unsuccessful. My question is:
can I claim for divorce from him on this ground?
Answer: Yes, you can. According to Article 114
of the UAE Personal Status Law, you have the right to opt for
divorce on the ground that your husband cannot have children.
However, this is valid only if the following conditions are
You do not have any children from any
You have medical reports to prove or
establish the fact that your spouse is not able to father
You have been married to him for more
than five years.
You should have proof that medical
treatment was attempted.
You are not more than 40 years
It should be noted that the above conditions are also applicable
if the medical condition was with a non-Muslim wife and a
non-Muslim husband wanted a divorce.
Also, if one of the conditions are not met, you will still have
the right to apply for divorce on any other valid grounds. If no
ground for divorce exists, a wife can still apply for a
"Khula" to get the marriage terminated. However, this
should be the last possible resort because you will lose various
rights that you may otherwise have been entitled to.
Question: I am an Asian Muslim expatriate and I
believe that my husband divorced me three times by saying the words
"I divorce you" three times. Does this mean that I cannot
remarry him at all?
Answer: It is a very common misconception among
expats that the saying of "I divorce you" three times
amounts to three separate divorces. This is not the case. The
effect of saying, "I divorce you", whether once or three
times, remains the same. It is considered one divorce.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'
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