Most Read Contributor in United Arab Emirates, January 2017
Question: I am an Asian woman who lives outside
the UAE, but my husband is there. He is unemployed and facing
financial difficulties. He has told me that he will marry another
woman on the pretext that she will solve all his financial
difficulties. I do not believe him. I have a child with him and
I'm worried about our future. What options do I have?
Answer: You have the right to claim a divorce
from your husband based on the ground that he has not been
supporting you and your child financially, under Article 124 of
Federal Law No.28 of 2005, the Personal Status Law. Also, if he
marries this woman he would be giving you another reason to claim
divorce from him. You would have the right to claim from him
compensation, or Nafakkit Muttaa, per Article 140 of the same law,
as well as other financial rights such as any unpaid dowry, waiting
period (Iddat) expenses, unpaid financial support backdated to 36
months, and so on. In addition to the above, if your child is still
under custody age (normally until 11 for boys and 13 for girls) you
would be entitled to keep custody of the child and he would need to
provide financial support for their upbringing. Even if your
husband does not have any money the court, in most cases, would
enforce him to pay the minimum amount. It is important to note that
you would need to be physically in the UAE to file your case in the
family guidance section. Your lawyer can complete the remaining
processes when the case is referred to court.
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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Question: My husband is planning to divorce me on a very petty issue. Do you think Dubai Courts would allow a divorce on these grounds, even though it's a matter that could have been resolved between us?
Chief justice and Bar Association have endorsed legislative proposal that would clarify outdated and confused concepts such as child custody, care and control, but government inertia may hold up its enactment
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