Questions & Answers
Questions & Answers
9 available 9 • View allDivorce by mutual consent and the applicable law

3
Q: Hello,
I am an Indian Hindu expat residing in the UAE since 2009-12 & 2013 till date and married since 2009. I hold an employment visa and not dependent on my husband.
I have been living separately from him since March 2018 to date and we both mutually want to divorce due to compatibility issues. We do not have children, assets or bank accounts or any liability as a couple.
Please advise if we are to acquire a divorce in the UAE, will it be legit in our home country India?
Are we to request for Indian Hindu laws/procedures for the divorce here?


Dec 8, 2018
2027
Expat divorce procedures and applicable law in the UAE 


1
Q: Indian couple married under Hindu Marriage Act, living in Dubai, seek divorce in the UAE.



Dec 23, 2018
1298
Legal assistance in drafting a divorce settlement agreement

1
Q: Dear Team,
I would like to know what might happen in the conciliatory procedure. I filed a divorce against my husband and I was called for an appointment. I assume it is for this procedure. Please advise.
How can I draft a settlement agreement? How much possibly it might cost if I will consult a lawyer about this? Maybe you can refer me an adviser with regards to this concern that can charge me less.
I am just a normal worker seeking justice for my child.
Regards,
G.


Sep 23, 2018
1970
Divorce of expats in the UAE and its international recognition

2
Q: Hi,
I am an Australian, currently married to a British wife. We were married in the US. We both live in the UAE and wish to divorce here.
We believe this to be the quickest and easiest process. If we do a UAE divorce by mutual consent, is this internationally recognized?


Oct 18, 2020
389
Divorce of expats in the UAE while the wife is abroad
4
Q: Good afternoon,
I have an inquiry regarding the divorce procedures in the United Arab Emirates.
Brief facts of my situation:
I am a US citizen and have been married to a resident of the United Arab Emirates. He is originally from Syria and works in Abu Dhabi, UAE for approximately 40 years.
We got married in 2014 in Abu Dhabi where I lived with my husband until 2019. I hoped to create a family with him but he was abusive and I decided to leave him.
I came back to the United States on May 5, 2019, and have no intention to go back nor to stay in this marriage. My husband had been informed by me and my family that I want a divorce.
I would like to get a divorce as soon as possible. We have no children nor property to share. I can provide all additional information upon further request.
Please provide me with the approximate costs to prepare the necessary documents to file the paperwork and how long it will take to obtain a divorce.

Nov 3, 2020
2186
Filing a case for custody and expenses after divorce
1
Q: I am divorced as per UAE personal status law 28/2005. I have filed for custody and expenses for my 8-year-old kid.
Kindly advise the procedures with the court and the documents required. Also, my husband is threatening to get the property which is under my name in India, can he file a case here in Dubai?

Mar 21, 2021
335
How can an expat wife get her rights upon divorce?
3
Q: Hello,
I am a British ex-pat with a residential visa in the UAE. I have married my husband under the UAE Sharia law and became his second wife. Now after a lot of trouble with his first wife, we genuinely decided to divorce. We have no children together and we are both not living in UAE anymore.
Kindly advise me about my rights in this case and the regular divorce procedures. Do I have a right to a divorce settlement or maintenance until the divorce is finalized?
Do you have any helpful tips?
Thank you so much for your help and advice!

Jan 12, 2022
321
How to get divorced in the UAE while the marriage contract was signed in Belgium?
1
Q: Dear sir/madam,
The new laws stipulate that the divorce laws of the country of origin in which the marriage has taken place apply.
Now, to put it bluntly, how do one's parents go about getting a divorce in the UAE when the marriage contract was signed in Belgium?
Secondly, what happens to the children if two of them are considered "majors" and the other is a "minor"?
Lastly, if possible, could you provide me with a brief overview of the divorce process in general, considering the aforementioned information provided?
Thank you!

Mar 18, 2022
204
If court orders expenses in divorce and I move to another country, do orders still apply?

2
Q: Dear Sir/Madam,
My wife and I, both Australian citizens, are getting a divorce in the UAE.
If the court orders me to pay living expenses and later I move out to work in a different country (such as Saudi Arabia), do the court orders still apply?


Mar 20, 2024
89
Legal blog
2 available 2 • View allPersonal 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
2516
Hidden Asset Discovery - A Case Study 3
The goal of conducting a covert asset inquiry is to discover and recognize assets such as real estate, funds, shares, etc. that have been hidden by one individual from another. Typical situations where conducting a covert asset investigation might be necessary include divorce. Many times spouses try to conceal assets to impact property division or the amounts given in monthly alimony or child support during divorce proceedings.
Oct 1, 2024
66
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
49053

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
403
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
338
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
458
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
357
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
266

Premium
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183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
471
What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
765
Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
127
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1875
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
447

Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
141
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
225
My brother's wife got pregnant with another guy. What happens if he files a case against them? 0
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
290
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
186
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
197
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