Most Read Contributor in United Arab Emirates, March 2017
Question: I have filed for divorce against my
husband in my home country. Can he file a divorce case against me
in the UAE because we are residents here?
Answer: On numerous occasions applications have
been made to UAE courts to dismiss proceedings because the same
issue is being tried in a foreign court. In these instances, the
UAE courts have often insisted that the person making the
application produce a final judgment from the foreign court before
it makes a decision. As a result, just because the same issue is
being tried or heard in a foreign court does not mean that a UAE
court would automatically refuse to hear the same case in the UAE.
However, some judges have relied on Article 102 of Federal Law No.
11 of 1992 (the Civil Procedures Law) to suspend proceedings, if a
party successfully establishes that the case was registered first
in a foreign jurisdiction. So, your husband may still have the
chance to file and proceed with his case in the UAE, it just
depends on whether the court chooses to dismiss the case or wait on
a ruling from the foreign court because the case was first
registered in that jurisdiction.
Question: I am an Asian Muslim woman married to
a Muslim man for five years. We have a four-year-old boy, but my
husband only comes home for a couple of hours at a time. I am his
second wife and his first wife does not know about us. Do I have
the right to get a divorce from him because he's neglecting
Answer: As per Article 55/6 of UAE Federal Law
No. 28 of 2005, the Personal Status Law, if a man has more than one
wife he has to treat all of them equally. That your husband only
spends two hours in your home can be considered unfair or a moral
harm towards you. You may claim divorce on this ground. Since your
boy is four, you have the right to claim custody and financial
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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