ARTICLE
9 September 2016

UAE Family Matters Q&A: Do I Have To Divorce To Claim My Husband's Unpaid Dowry?

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 married Muslim expatriate. At the time of my marriage, my husband and I had agreed on the amount of dowry that had to be paid at the time of signing the contract.
United Arab Emirates Family and Matrimonial

Question: I am a married Muslim expatriate. At the time of my marriage, my husband and I had agreed on the amount of dowry that had to be paid at the time of signing the contract. But he has still not paid it. Can I claim it now separately, or can it be claimed only through a divorce?

Answer: If your husband had agreed with you that the dowry was to be paid at the time of signing the contract, you have the right to claim such amount at any time as per Article 53 of Federal Law No 28 of 2005, referred to as the Personal Status Law. You do not need to file for divorce to make such a claim.

Question: I am a Muslim expatriate living in the UAE. I want to get married to my fiance in the UAE. However, I just found out that I need to get an approval from my father to get married. My father does not live here and he cannot travel. Is there any other way for me to get married here?

Answer: As per Article 37 of Federal Law No 28 of 2005, your father can execute a power of attorney from outside the UAE in favour of another man residing in the UAE. This power of attorney would need to be legalised for it to be valid in the UAE. He will need to execute it in front of a notary public and have it attested by the country's foreign affairs ministry or equivalent, and the UAE Embassy in the country in which he makes the power of attorney. Once this step is completed, he may send it to the UAE for the final step of the legalisation process to be completed in front of the competent authorities in UAE. This can be done by you or any third party. The legalised power of attorney can then be used by your father's attorney to give the approval to conduct your marriage in the UAE.

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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