ARTICLE
20 September 2016

UAE Family Matters Q&A: No Inheritance For Widower Who Is Of Different Religion

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 Muslim man who was married to a Christian woman. My wife passed away, leaving assets in the UAE. Can I get shares in her assets in the UAE and how much would my share be?
United Arab Emirates Family and Matrimonial

Question: I am a Muslim man who was married to a Christian woman. My wife passed away, leaving assets in the UAE. Can I get shares in her assets in the UAE and how much would my share be?

Answer: Article 318 of the UAE Federal Law No?28 of 2005, the Personal Status Law, states that "there is no inheritance if religions are different". Therefore, unfortunately, if you were to approach the court for a share in your late wife's assets, the judge would not grant you your request due to the article of the law.

Question: I am an Asian Muslim woman and I want a divorce from my husband. However, I do not know what I should do about my residence visa, as my husband sponsors me and he is refusing to cancel it. Should I leave it like that? I am scared that it will result in an immigration ban.

Answer: You need to bear in mind that, after divorce becomes irrevocable, your ex-husband will not have the right to sponsor you anymore anyway. Therefore, once you're divorced, you should be able to cancel your residence visa by filing a request with the immigration authorities, along with a copy of the final divorce decree.

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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