Questions & Answers
Custody, guardianship and division of assets in a divorce
I want to divorce my husband; my concerns are as below;
If the divorce proceeding is under Sharia Law, what are my chances when it comes to;
1. Child Custody & guardianship - I believe I will get the custody until age 11. My question is if the husband is unemployed for 6 months now, can he still be considered as guardian since he can't provide for the family?
And if I can show that he has never been a provider for the family (basically, I pay ALL the bills since we got married) & I have a proof that he had an affair a year ago, can I get the guardianship as well & full custody?
Can the child get an opportunity to choose where he wants to live with when he reaches puberty?
2. DIVISION OF ASSETS - Since I got a land inheritance from my parents, is he entitled to get 1/2 of the property?
Obviously, he has no house/properties in his home country as well as savings and I am worried he will get everything. I own 50/50 in which he didn't sweat a dime on it.
Awaiting your advice.
Dear Questioner,
Federal Law No. (28) of 2005 On Personal Status, Article 146 states that:
"Fosterage (Custody) of the child is a right to the mother, ........ and the judge shall in his decision consider the interest of the fostered child. In deciding who is the fosterer."
Accordingly, in the UAE, the law gives the right of fosterage to the mother till the fostered reaches puberty or until marriage for the girl, also it takes into consideration the interest of the child.
Should you have further clarifications you may contact us on 0565726262 (Whatsapp).
or email: stagelc@stagelc.ae
Regards,
Mohamed
Dearest,
This is Nadine G. Atallah, your attorney at law.
I am specialized in marital status matters and family law since 2003 in addition to comparative law.
I would be pleased, to help you at this point, my mobile no. is 0564641307.
I look forward to hearing from you.
Hi there,
Kindly feel free to reach me on 00971523782456 for a detailed discussion.
Thanks,
S
