Questions & Answers
Questions & Answers
10 available 10 • View allExpat 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
1303
Divorce 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
2037
Assistance with the procedures of divorce by mutual consent


4
Q: My query is about mutual consent for divorce, I would like to know more info about this.
My husband and I have been separated for 7 years now since 2013. We tried to reconcile but it was not successful.
We both are here in the UAE until now and have different lives already, we have 1 daughter in the Philippines under his mom's care.
Support comes from both of us. We talk once in a blue moon if it concerns deeply our daughter. No idea where he lives now in the UAE.
I communicate with my daughter through my mother in law. We do not have a joint savings account or property in the Philippines.
A long time has been wasted. I would like to file for Mutual Consent for Divorce so my name will no longer be associated with his and we both can move on legally.
Please also advise roughly on the cost of the consent for divorce.



Jul 10, 2019
2671
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
2191
Divorce of expats while the husband is outside the UAE
3
Q: I am from the Philippines, married to an Egyptian. We were both in Dubai, however, my husband went back to his home country in 2018 and we did not see each other since.
We were in constant communication but the distance took its toll on our relationship and he recently said that he wants to get married again in Egypt.
He knew that if that happens, we need to dissolve our union. We do not have kids, property, or bank accounts. Where can I file for divorce in Dubai?
Thank you!

Mar 25, 2021
555
Divorce of expats in the UAE
2
Q: How to get divorced from my Indian husband?
I am from the Philippines. We are both here in the UAE.
Can someone help me?

May 27, 2021
300
How to register the divorce of Muslim couple in the UAE?
3
Q: Hello,
I am an Indian Muslim ex-pat, married to an Indian Muslim ex-pat, we got married in the UAE, Muslim marriage.
I made talak to my wife verbally and also wrote talak to her. I have no children. I want to know how to register my divorce in the UAE.
Is it through marital matters case or should I make a first instance claim?

Oct 26, 2021
367
What are the rights of a Muslim woman with children upon divorce?
1
Q: I have been living separately from my husband for the last 11 months with my 4 children. For the first 5 months, he did not pay me any expense except paying school fees that were also not in time.
Still, after the involvement of the family, he started paying some amount that also he does not pay on time. I want to get separation from him because of the abusive relationship and many other immoral behaviors.
What does the UAE law support about a Muslim woman getting a divorce in this situation?

Nov 6, 2021
247
هل ترفع دعوى الطلاق في الإمارات أم في مصر؟



2
س: السلام عليكم،
أعيش حاليًا في الإمارات وزوجي أيضًا. أرغب في الطلاق للضرر لكثرة المشاكل والضرب والسب وبيننا محضر شرطة سابق يخيرني بين الإنفاق في البيت بالنصف أو الطلاق فاخترت الطلاق. والآن يضايقني لأرفع قضية خلع كي لايدفع شيء من حقوقي أنا وابنتي عمرها ٨ أشهر.
أحيانًا يصمم أن يطلق في مصر. أريد أن أعرف هل الأفضل الطلاق في مصر أم دبي؟
وإذا كان الأفضل في دبي، فكيف يُلزَم بدفع حقوقنا بعد الطلاق؟
وهل يمكن أن يترك البلد حتى لا يدفع شيء؟ أم يُمنَع من السفر مثلي أنا والبنت؟ وهل لو تنازلت عن حقوقنا يمكن أن يتنازل عن الولاية في كل حاجة لكي أبتعد عنه وعن مشاكله؟
أنا في موقف صعب بمفردي في البلد.
برجاء المساعدة وإفادتي بأحسن حل لي ولابنتي!




Nov 14, 2022
771
How to protect my rights during divorce as a Muslim woman?


1
Q: Dear Sir/Madam,
My husband wants to divorce me, but he does not want to contact our Sheikh or anyone else. He said that I need to do that.
If I do that first, will it affect me in the future? We have a son. I am not currently working. Is there any chance that they can take my child from me?
We are both Muslim, and my son is of the same nationality as me (his father is a different nationality). In the case of divorce, is there any payment from the husband for the child?
How should I act smart to avoid any issues in the future and keep my child with me?
Where do I need to start?
Kindly advise me!
Do I need to have a lawyer, or can I do this myself? (Unfortunately, I am not sure if I can afford a lawyer.)
Thank you!



May 22, 2023
134
Legal blog
1 available 1 • View allSummary and Substantive Claims in the UAE Civil Procedures Code 13
This article is related to the Civil procedure in the UAE. The procedure includes both payment orders on the basis of cheques and original documents as well as the normal civil procedure where the plaintiff has Invoices, agreement, and documents to prove the claim in the civil court.
Nov 29, 2020
6485
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
49069

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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
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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
347
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
464
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
368
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
280

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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
484
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
770
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
128
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
1895
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
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View allHow to liquidate a free zone company after the death of one partner 0
I am a company owner In Shams free zone of 50 per cent share and have a partner visa. My partner was a Russian who went to Russia and died.
When I went to the free zone to cancel my visa and close the company, they have asked me to get his attested death certificate and NOC from his heirs.
The problem I am facing is his family doesn’t want to give the death certificate nor they want to give NOC. Now my resident visa validity is over and I am on fine every day.
Neither the free zone is cooperating nor the partner's family. What is the other way I can cancel my visa and close the company?
Can someone guide me, please?
Apr 19, 2021
690
How the objection of a client be dealt with after being notified for termination by DLD? 0
I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?
Apr 19, 2021
1408
Opening a trustee with wife and signing a postnuptial agreement 0
I would like to open a trustee with my wife and sign a postnuptial agreement.
Apr 19, 2021
450
Closing a business while the local service agent is not reachable 0
Hi,
We have a professional services license (2 partners) + 1 local service agent registered with DED, Dubai.
The partners wish to close the business because of unavoidable circumstances. We wish to proceed with all the necessary paperwork for cancellation.
Unfortunately, the local service agent is not available. We have been trying to connect to him multiple times but have not been able to reach him.
The due date for the renewal of the company is coming up and we want to proceed with all the paperwork for cancellation prior to that.
Kindly advise us about the options if the local service agent is unavailable.
Apr 19, 2021
800
Returning to the UAE to run business after being convicted with a crime 0
Hi,
I want some information regarding my uncle. He was arrested in November 2015 and was in prison until 13 June 2016 when he was deported to Pakistan.
The reason for the arrest was that my uncle had his own business in Sharjah and he was involved in a case where his employee accused him of attacking him and other allegations. He was arrested and convicted.
He needs to reenter the country as he has his business in Sharjah but I believe he is blacklisted/banned. How can I find out if he is blacklisted/banned and how can it be removed to allow my uncle to reenter the country and take over his business?
Is there any way of helping to resolve this issue?
I know that if he enters on a visa, he could be arrested at the airport, and don’t want that to happen.
Thank you!
Apr 5, 2021
500
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