ARTICLE
15 August 2016

UAE Family Matters Q&A: Can My Husband Ban Me From Seeing My Family?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
Question: Is the waiting period to remarry after a divorce always three months for a woman?
United Arab Emirates Family and Matrimonial

Question: Is the waiting period to remarry after a divorce always three months for a woman?

Answer: No. The waiting period could be extended for more than three months if the ex-wife is pregnant. Article 138/2 of UAE Federal Law No?28 of 2005, the Personal Status Law, states that, in the event of the woman being pregnant, the period can be extended until the baby is delivered. Additionally, if the husband were to die, either during the waiting period or before the divorce is finalised, the waiting period for a woman to remarry is four months and 10 days, even if she is not pregnant. It needs to be noted that if husband dies during the waiting period, the period that has already passed will not be adjusted from the four months and 10-day period, which will still have to be seen out before remarrying.

Question: I am a non-Muslim western woman married to a Muslim man. After we were married, my husband said that he does not want me to visit my family. He says that I am not allowed to do so under the law. Is this true?

Answer: This is not true. According to the Personal Status Law, it is your right to visit your family. Your husband cannot stop you from doing so.

If he continues to forbid you from visiting your family, you will then have the right to claim for a divorce from him on the grounds that your husband is not allowing you your legal rights as a wife.

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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