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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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Family Law - Answering Legal Questions UAE (Video Content)
