ARTICLE
19 August 2016

UAE Family Matters Q&A: Do I Need To Return Gifts To My Husband After Divorce?

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.
UAE Family Matters Q&A: Do I Need To Return Gifts To My Husband After Divorce?
United Arab Emirates Family and Matrimonial

Question: I am a non-Muslim woman married to a non-Muslim Asian man. We have been married for the past six years, living in the UAE during this time. During this period I have received from his various gifts such as cars, jewelry, art etc. He has now divorced me and is demanding that I return all the gifts I have received from him. Do I need to return the gifts I have received?

Answer: It is an established position of law in the UAE that gifts between couples cannot be demanded back. Article 649 of UAE Federal law no5 of 1985, the Civil Transaction Law, details that if a gift is made between spouses/ couples then such a gift cannot be cancelled and demanded back without the consent of the receiver of that gift.

Question: I am an Asian woman who lives in the UAE. My husband divorced me with a revocable divorce and promised me that he will not take me back. However, he did not keep his word and has now cancelled the divorce during the waiting period. What can I do to ensure the divorce happens?

Answer: Unfortunately, as per Article 108 of the Personal Status Law, a husband has the right to cancel the divorce within the three-month waiting period, even if he promised not to. This is because the right of a husband to take back a wife during the waiting period is a right that cannot be waived or dropped through agreement.

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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