ARTICLE
22 July 2016

UAE Family Matters Q&A: How Much Of My Late Husband's Property Am I Entitled To?

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.
My husband divorced me and now three months have passed, meaning the divorce has become irrevocable. However, we have reconciled and he now wants to marry me again and I have no problem with that.
United Arab Emirates Family and Matrimonial

Question: My husband divorced me and now three months have passed, meaning the divorce has become irrevocable. However, we have reconciled and he now wants to marry me again and I have no problem with that. But my family is angry with him and my father refuses to sign a new marriage contract. What can I do?

Answer: As outlined in article 108 of Federal law no28 of 2005, the Personal Status Law, if your father agreed to your first marriage then you do not need his acceptance to marry the same person again. Therefore you may get married to your former husband again even if your father refuses to sign the marriage contract.

Question: I am a Muslim woman whose husband, who was also Muslim, passed away recently. We have a son and my husband's parents are alive but live outside the UAE. Can you please advise what would be my share of my late husband's estate?

Answer: The inheritance of your late husband's estate will be governed by UAE federal law no28 of 2005, the Personal Status Law. If it is the case that you have one son and your husband's parents are still alive, that means you, as a wife, will be entitled to inherit 12.5 percent of your late husband's estate. In this scenario, your late husband's parents would be entitled to each receive 16.665 percent of his estate. The remaining portion would be your son's entitlement.

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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