UAE Family Matters Q&A: I Fret About Going To Court Over Marriage

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.
I am a non-Muslim Asian woman and I recently gave birth at a hospital. When I tried to get a birth certificate from the hospital, they asked me to go to court and get a court order so it can be issued.
United Arab Emirates Family and Matrimonial

Question: I am a non-Muslim Asian woman and I recently gave birth at a hospital. When I tried to get a birth certificate from the hospital, they asked me to go to court and get a court order so it can be issued. When I sought clarification, they said that the period between the date of marriage on my marriage certificate and the delivery date of my baby was less than 180 days. I explained to them that the marriage certificate was issued two months after the actual marriage ceremony but they are demanding that I get the court order, although I'm afraid to go to court. Is there any alternative to going through this process?

Answer: If what you are saying regarding your marriage is true, please note that you have nothing to worry about in going to court. You have the right to file a case requesting the court to pass an order allowing you to get the birth certificate, based on the above facts. It is quite likely that the court will ask you to produce witnesses (two men or two women and a man) to testify the exact date and place of your marriage. It is also advisable that you give the court copies of your application for the marriage certificate, along with any other document that can confirm the date of your marriage ceremony.

Question: I am a Muslim woman and have been married for two years. My husband and I have a child. Until now, he has not paid the agreed dowry and refuses to pay this money. Do I have a right to claim a divorce on this ground?

Answer: As per Article 116/2 of the Federal law no28 of 2005, the Personal Status Law, you do not have the right to claim divorce from your husband based on this situation. But you certainly have the right to claim dowry from your husband based on the same law, so you should look to start a case to claim it.

Previously published by The National

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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