ARTICLE
9 September 2016

UAE Family Matters Q&A: Can I Divorce My Husband Because He Beat Me?

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.
I am a non-Muslim Asian resident and my husband beat me so badly I needed hospital treatment.
United Arab Emirates Family and Matrimonial

Question: I am a non-Muslim Asian resident and my husband beat me so badly I needed hospital treatment. I filed a criminal case against him, and the court ruled that he was guilty. Can I file for divorce based on this judgment?

Answer: Yes, you may file for divorce based on the judgment issued by the Criminal Court. Under Article 122 of Federal Law No 28 of 2005, the Personal Status Law, you have the right to file for divorce on the basis of a criminal judgment that proves you have been harmed by your husband. In this case, the beating you have endured from your husband constitutes harm, confirmed by the court, and hence becomes a ground for divorce.

Question: My husband was not financially supporting me after our marriage ended so I got a court order against him that stated that he had to pay me alimony. However, he has since gone back to his home country although he has an apartment here in the UAE. Can I execute the judgment against his apartment?

Answer: According to the Personal Status Law, you have the right to execute the judgment against his apartment. You should be aware, however, that this is not possible if the apartment is under a mortgage.

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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