ARTICLE
19 September 2018

Family Matters Q&As: My Pregnant Wife Wants A Divorce And Has Left The UAE - What Can I Do?

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.
In my publication this week, I discuss about the UAE Personal Status Law in different situations.
United Arab Emirates Family and Matrimonial

Summary:

In my publication this week, I discuss about the UAE Personal Status Law in different situations.

Question

My wife and I are Muslims who married in Dubai six months ago. Recently, we had an argument and she moved out of our house while I was at work. She is pregnant with our first child but she now wants a divorce. I do not want to get divorced. She will not answer my calls and after she moved out, I went to police. I have since been told by immigration authorities that she has left the UAE. What can I do now?

Answer

You may file for an "obeying lawsuit" to bring her back to your family home. However, such a case cannot be enforced in the UAE. Article 6 of the UAE Personal Status Law (Federal law No 28 of 2005) allows you to file for divorce even if your spouse's whereabouts is unknown as long as your domicile is within the country.

You should also try to prove paternity of your child when it is born. This will allow you to impose a travel ban on your child should your wife return to the UAE. You can also request the court to obligate your wife to hand over your child's passport.

Question

My husband and I got recently divorced in the UAE. We have two children and a court decided to give me custody over them, but to make my ex-husband their guardian. I have been offered a job in another country and want to move there with our children. When I shared my plans with their father, he told me that I am not allowed to leave the country with our children without his consent. I cannot leave the children with him because he travels a lot for work, up to weeks at a time, and is unable to take care of them. How can I take our children with me and avoid breaking the law?

It is impossible to go on holiday or move abroad with your children without their father's consent. It is recommended to persuade their father and obtain such consent in an amicable way rather than starting any procedures against him as they all might lead to losing your rights as a custodian. Clause No 2 of Article No 152 of the UAE Personal Status states that a custodian could lose their rights should they relocate and make it difficult for the children's guardian to visit them.

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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