ARTICLE
15 July 2016

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

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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 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
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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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