Questions & Answers
Questions & Answers
8 available 8 • View allRight of the wife to claim custody in the UAE after losing it in home country
1
Q: My ex-wife and I are of the same nationality, non-muslim. We were married back home and divorced back home in Feb 2021.
The court granted custody to me. I live with my children here in the UAE. The children are 16 and 9.
She refused to go back home and now is an illegal alien in the UAE having an expired tourist visa.
She threatened me to go to court here to take back custody. Can she do that?

Jun 27, 2021
261
Can I enforce a maintenance agreement from my home country for my children in Dubai?

0
Q: I have a maintenance agreement for my children from my home country but also executed in Dubai.
My ex-husband moved to Canada or United States now.
Is there any way to execute the agreement again through Dubai Courts when he is not a resident anymore?


Apr 25, 2022
250
The application of a judgment issued in the UK against a person residing in the UAE

1
Q: Dear sir/madam,
My partner is a UK citizen and lives in the UK. Her ex-husband has a South African passport but lives and works in Dubai. He signed a consent order through the UK courts as part of the divorce.
However, he decided in January that he no longer wants to pay the maintenance due under the consent order or fulfil any other of his obligations under the order.
A UK court is reviewing the case and will be issuing judgements. Questions:
He has no UK bank accounts and his employer is in Dubai. The judgements will likely be garnishment of funds at source and garnishment of bank accounts. It is likely under UK law that an arrest order may also be issued for him if he returns to the UK.
Will these judgements be honoured by a Dubai court if they have been issued by a UK court?
Also, if these orders are issued by a UK court, how would the UAE Immigration department view this situation if they were advised that he has orders such as these issued against him in the UK?
Thank you!


May 25, 2022
370
Informing the employer about an employee's marriage upon his refusal to register it

1
Q: Dear sir/madam,
My husband and I got our marriage solemnized in India in front of 35 people conducted by a church priest but we did not register our marriage. It is the 2nd marriage for both of us. We have a letter from the church for the marriage.
My husband approached me from Dubai when I was in India and now I am also working in Dubai. We have been together since then until May 2022 in Dubai, whenever I called my husband to register our marriage, he refused.
Later I found out that he has an affair with a lady in India and he even stayed with her together in a hotel for 2 days when I caught them with the Police in India. I found out recently that my husband has hidden our marriage from everyone; he has informed his company that he is single.
Can I email his employer with our marriage proof, and inform them that I’m his wife, to add that to their records?
I really want to do that because marrying and living with me for 7 years and spreading false information that he is not married has affected me mentally.


Aug 22, 2022
305
Are postnuptial agreements between Hindu couples enforceable in Dubai?

2
Q: Dear sir/madam,
Are postnuptial agreements between Hindu couples enforceable in Dubai?
Are they litigated as Civil lawsuits or as Personal Status lawsuits (Article 62 of Personal Status law talks about the division of family home after divorce)?
Will Hindu laws apply or Shariah?
For example, if there is a clause in the postnuptial agreement stating that the wife will pay a portion of the child's education costs and this is acceptable according to Hindu Maintenance Law, but conflicts with Shariah law, what will a Dubai judge do?
Please help.
Thank you!


Feb 1, 2023
178
Is my marriage in Georgia still valid in the UAE?



1
Q: Dear Sir/Madam,
We got married in Georgia in February 2020. However, we were unable to register our marriage in the UAE because the lockdown started due to COVID-19 when we returned.
The copy of our marriage certificate (with UAE stamp) was misplaced/lost. We have not yet registered our marriage. Is it still valid?
Are we considered legally married?




Jun 21, 2023
243
Is it mandatory to register the marriage in MOFA to live together here in the UAE?




1
Q: Dear Lawyers,
Is it mandatory to register the marriage in MOFA to live together here in the UAE?
We are both Muslims from different nationalities and nikah was done in another country.
1. We both have our own visas and have no dependency on each other in terms of any legal ground.
2. We do not have any plan to have a child since we both are over 45 years old.
3. We have no requirement to register the marriage in our home country.
Still, is it mandatory to register the marriage with MOFA?
We appreciate your valuable input to clarify this.





Apr 29, 2024
102
Is my UAE marriage certificate valid without being attested?




3
Q: Dear Lawyers,
I got married here in the UAE last year, but my marriage certificate is not attested. Is it still valid?





+2
Nov 15, 2024
184
Legal blog
3 available 3 • View allChoosing the Jurisdiction of Expatriate Divorces in the UAE 7
An interview-format article covering the topic of divorce for expatriates in the UAE and seeking to apply the laws of their countries. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 13, 2020
2928
Legal Requirements and Conditions of Marriage in the UAE 46
In accordance with the UAE Law of Personal Status, marriage is a legal contract between two people (man and a woman), focusing on protecting the rights of married people and their children. This contract requires certain conditions to be achieved before it becomes valid.
Nov 30, 2020
29028
Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi 8
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE and the Ruler of Abu Dhabi. This personal status decree will be applicable for non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, Will, inheritance, and custody of children.
Nov 9, 2021
2541
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49091

Other answers by
97 97 answers •
View allRecovery of outstanding payments for breach of contractual obligations 0
Good morning Sir.
I have export perishables to Al Aweer market, and this particular gentleman paid for the first few orders but for the last few he didn't pay. He said tomorrow and it has never come.
I have all the documents and I filed a complaint with Dubai police, and I have the complaint numbers as well. Now, my finances are very bad. If you could recover my money from this man, it will be a great help for my family.
I trust Dubai people and this is what happened to me. If you could get your professional fee and get me the balance, then we can reach an agreement.
Oct 17, 2017
744
How can I check the immigration status of my friend who absconded from Dubai? 0
Hi there,
My friend absconded from Dubai in 2008/2009 leaving behind a small amount of credit card debt in Dubai and also left her employment without resigning properly.
If my friend was to fly to Doha, Qatar would this cause a problem? My friend has never been chased by the UAE bank and has never heard from.
Is it possible to check my friend's immigration status?
Oct 31, 2017
819
How do I know whether I am able to enter Dubai for layover flights? 0
Hi,
I left Dubai halfway through my contract because of a family ailment. I didn't give notice, I had a leave and resigned when I got home. It's been 2 years since.
How do I know whether I am able to enter Dubai for layover flights?
Nov 5, 2017
424
Can your bank loan affect your end of service benefits? 0
If you are fired from your job of 10 years and you have a loan, what will happen with UAE law?
Can you lose your end of service benefits?
Aug 10, 2017
12360
Refund of a deposit paid by the underage buyer of real estate property 0
I put a deposit down on two "off-plan" properties. I paid a deposit on both and received a reservation document signed and stamped by the developer.
However, at the time of the deposit, I was under the age of 21 which is the minimum age to purchase property in Dubai. Lastly once the deposit was made I never received an SPA or NOC. Have now been sent a notice by Dubai Land Department on the request of the developers for Property Termination procedure. The request was canceled.
I am now trying to figure out how to get my deposit back as I believe since I was underage and no formal contract was presented or signed, the agreement is void.
Jul 31, 2017
703
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