ARTICLE
9 September 2016

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

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Dr. Hassan Elhais

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Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
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
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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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