ARTICLE
22 May 2017

UAE Family Matters Q&As: What Do I Need To Discuss With My Husband For An Amicable Divorce?

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.
Question: I want to have an amicable divorce from my husband but I am a European woman and he an Asian Muslim man, so I'm not sure what points I should discuss with him.
United Arab Emirates Family and Matrimonial

Question: I want to have an amicable divorce from my husband but I am a European woman and he an Asian Muslim man, so I'm not sure what points I should discuss with him.

Answer: To have an amicable divorce, it is key to agree upon any potential issues that could create conflict in the future. Although you have the right to agree only on divorce, it is always advisable to think about the answers to pertinent questions and to get them outlined in your divorce agreement. Typical questions that come up could include the following: Who will have custody of the children? Who will keep the children's passports? Are the parties ready to waive their rights to put a travel ban on their children in the future or not? What is the agreed amount of child maintenance? What will happen if the mother plans to relocate to her home country with the children? What will happen if the father is planning to leave the country permanently? There are a multitude of other questions that may be relevant but will vary from case to case, so it is advisable to consult a lawyer if you want to be advised on more specific details relevant to your situation.

Question: My husband is cheating on me. I want to know what the potential sentence would be should he be found guilty of adultery.

Answer: In accordance with Article No. 356 and 121 of UAE Criminal Law No 3 of 1987 and its amendments, the punishment for such a crime is a jail term of not less than one year and permanent deportation. It is important to bear in mind that, in general, the judge has the power to reduce the jail sentence but has no discretionary power to remove the deportation order should the person be found guilty.

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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