Most Read Contributor in United Arab Emirates, March 2017
Question: I am a Muslim woman and my husband is
planning to divorce me for very small issues that could easily be
solved. Will the court accept his application for divorce?
Answer: Unfortunately, your husband has the
right to opt for a divorce regardless of the reasons or grounds.
However, you still would have the right to claim compensation, or
"Nafakkit Muttaa", as per Article 140 of UAE Federal Law
No 28 of 2005, the Personal Status Law. Article 140 states:
"If the husband divorced his wife, who married him through a
correct marriage without any reason or demand on her side, she
would deserve compensation after divorce, in addition to the period
of waiting expenses, according to the situation of the husband and
of what does not exceed her counterpart's expense. And the
judge has the right to allow the husband to pay by instalment
according to the richness or the poverty of the husband." In
addition to the above-mentioned compensation you also have the
right to claim other financial rights such as unpaid dowry, waiting
period (Iddat) expenses, unpaid financial support backdated to 36
months, et cetera.
Question: My son divorced his wife but he has
not received the divorce papers yet. Can he get married now without
having such papers or should he wait?
Answer: If your son is Muslim he has the right
to marry again even if he has not received the final divorce
papers. Nevertheless, he would need to wait for the Iddat period to
finish if he is planning to marry the sister of his previous wife
or if he has divorced his fourth wife. As long as the above
situations do not apply to your son, he does not have to wait to
receive the divorce documents before he marries.
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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In accordance with Article 149, 'the custodian may not take the child for travel outside the state without the written consent of the guardian. If the guardian does not approve, the matter shall be referred to the judge.'
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