Most Read Contributor in United Arab Emirates, March 2017
Question: How I can complain about my
husband's girlfriend? I live in a GCC country and my husband
lives in the UAE with her. I cannot personally visit the UAE to
lodge a complaint against them despite my husband having cheated on
me for almost five years. How can I punish them?
Answer: First, if you have proof, you have the
right to file a criminal case against them (it has to be both) for
the offense of adultery, as per Article 356 of UAE Federal Law No 3
of 1987 - the Penal Code. Because you are outside the country, you
can file the complaint via the emirate police force's website
or, increasingly, via police apps that are available for free
download. You should provide any kind of evidence you have,
including witnesses, photos, videos (provided it was taken in a way
that does not breach their right to privacy), emails/messages
exchanged or a letter of admission. In general, the criminal court
has full discretionary powers to determine whether or not your
husband committed adultery based on the evidence produced. If found
guilty, both of them will be deported.
The judge has discretionary powers to reduce jail sentences if
they are found guilty but he cannot remove the deportation
Question: My husband and I have been living
separately for two years and have decided to proceed with an
amicable divorce through the UAE courts. We wish to enter into an
agreement to determine custody, visitation rights and maintenance.
How do we do this?
Answer: To proceed with divorce under UAE law,
you and your husband first have to go through a reconciliation
committee to seek amicable separation before proceeding to court.
Then, if both parties reach an amicable agreement to separate, the
agreement is executed by both parties and a judge must sign and
stamp it. Only then does an agreement become an official divorce.
If you cannot reach an amicable agreement, you may then be referred
to the family courts. In all cases, the divorce is final only three
months after signing the divorce paper.
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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