Q: I want to file for divorce as my husband had aggressive behaviour towards me, was physically violent 3 times during my pregnancy. What is the actual procedure to file a divorce in my case?… A: I want to tell you not to worry because the law will protect your rights together with your daughter…

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Filing a divorce case for domestic violence

I am looking for legal advice on divorce in the UAE.

I am Belarusian non-Muslim and my husband is Tunisian Muslim. We have 1.5-month-old daughter Belarusian citizen. The marriage contract was made in Tunisia and legalised in Tunisia, the UAE and Belarus.

The father is mentioned in the daughter's birth certificate. Since September, I stayed in Belarus and I am here with a daughter now.

In April, I am travelling for the UAE visa validity (6 months) just for a week and coming back to work in July from maternity leave.

I want to file for divorce as my husband had aggressive behaviour towards me, was physically violent 3 times during my pregnancy and abused me verbally.

He also refused to support me while pregnant, and since August 20th, 2017, I was not able to work and I had no source for living while paying AED 5460 loan monthly, that was the reason of leaving back to Belarus for maternity.

Can you please advise if my husband can ban my daughter while coming in April on a tourist visa? Also, what is the actual procedure to file a divorce in my case?

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Mohammad Salah Shoaib

Elnaggar & Partners

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19 Mar 2018, 07:58

Dear questioner,

I hope my message finds you good.

First of all, I would like to express my sincere regret for what I have heard about your husband behaviour.

Second, I want to tell you not to worry because the law will protect your rights together with your daughter.

Finally, in case you accept us to represent you in the court for your maternity, we are ready for that. Just inform us to arrange an appointment for you, to share all the details

19 Mar 2018, 10:13

Thank you, Mohammed, for your response.

I will be coming in April for visa and work reason for a week or two. I will do my best to discuss the matter with my husband and try to make an amicable agreement for the divorce.

In case it won't work I will require the legal assistance. My only concern is my rights as a Christian mother as my knowledge of Sharia law that will be applicable is very limited.

How can I contact you in case the situation goes the "hard way"?

19 Mar 2018, 10:58

You are welcome anytime.

I want to clarify that in Sharia you have a lot of rights, even if you are a Christian.

For example, if we file a case, you will get urgent expenses, housing expenses, the expenses of the daughter and food expenses).

However, the law guarantees your rights from your husband, like stopping any bank transactions for him and arresting him in case he didn't pay the expenses.

If your matter goes the hard way, you can contact me on my mobile no. +971507893447, or my email address ms@elnaggarlegal.com

Thanks and looking forward to hearing from you.

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