Questions & Answers
Questions & Answers
10 available 10 • View allUnderstanding the rights of a husband before divorce


1
Q: I'm an Indian Muslim expat living and working in the UAE. My marriage was solemnized in India. We also have a two-year-old son.
Due to irreconcilable differences, I have informed my wife and our families that I wish to file for divorce. My wife has a residence visa valid till May 2019 but she (and my son) have not been in the UAE since December 2018.
As I live and work in the UAE, I want to file for divorce here. While my in-laws are ok with a mutual consent divorce in India, my wife will not be returning to the UAE.
I would prefer to file for divorce in the UAE as I'm not familiar with the law in India. I also don't want to deal with any potential false charges that could hamper my ability to come back to the UAE.
While my in-laws have not indicated any such actions, I want to prepare for the worst-case scenario. I also would want to have legal visitation rights to him, even if he lives in India post-divorce.
Can any lawyer help me understand my legal options in this case?
Thanks.



Apr 29, 2019
767
Seeking divorce for false accusations and defamation

3
Q: Hello lawyer!
I need an expert advice from you.
I was married 3 years back and my husband and inlaws cheated me on his medical condition (i.e. he had both kidneys removed and transplanted his mother kidney).
A year after my marriage, I was pressured and tortured for not having a baby. I was very worried, and hence, got all my tests done and alhamdulillah everything was normal.
The doctor also checked my husband and as a result, his reports were negative and the reason for that was associated with his transplant and medicines.
He and his family behaviour is getting worse day by day, and hence, I am planning to get a divorce from him and wanted to know my legal rights and process to go further.
I am living with my parents since 9 months and my husband hasn't supported me in any way. Now, he has started defaming me on social media also. I would be very thankful if you can help me in this regard.


Sep 18, 2018
2065
Right of the wife to move with children after divorce


0
Q: We are in the process of getting a divorce and we have 3 kids. Custody will likely be given to the wife and guardianship to father.
Can she take the kids and move from our current home in Dubai to Abu Dhabi just because she works there?
Our family has lived in Dubai since 2004, my current job and kids school are also based in Dubai.
Please advise.



Apr 19, 2020
1170
How to prepare case witnesses for a divorce hearing in family court?
1
Q: I am looking for someone who can help me and my witnesses to prepare for a witness hearing in a family (divorce) case.
And also to get more specific information about the process of a family case - as a foreign law will be applied.

Oct 17, 2021
294
رفع دعوى لإعادة الزوجة للبيت بسبب مغادرتها بدون سبب


3
س: السلام عليكم،
زوجتي تركت بيت الزوجية لأكثر من 3 أشهر بدون سبب.
كيف أرفع قضية رجوع لبيت الزوجية؟



May 22, 2022
1371
If there is a police or civil case against an individual, will the spouse be affected?
2
Q: Dear sir/madam,
If there is a police or civil case against an individual, will the spouse be affected in any way or questioned?

Aug 25, 2022
452
إثبات نشوز الزوجة بإقامتها خارج منزل الزوجية لمدة تزيد عن 6 أشهر

5
س: السلام عليكم،
حدث خلاف بيني وبين زوجتي في بلدي الأم وبعدها تركتها في بيت أهلها وطلبت من أبيها أن تبقى عنده في مصر. بعدها بفترة طلبت مني إلغاء الإقامة الخاصة بها لأنها تعمل وجهة عملها ستُصدر إقامة خاصة بها.
بعد ٣ أشهر فوجئت بها تكلمني وتقول لي أنها موجودة في نفس البلد معي، ولكنها وصلت البلد بدون إذني وعندما جاءت لم تأتِ إلى المنزل، ولكنها أجّرت استوديو لتقيم فيه هي وابني، وأنا لم أقطع عنها المصاريف من يوم سفري حتى الآن.
الآن أقامت قضية طلاق في محاكم دبي منذ شهر تقريبًا، ولكنها لم تقل أي شيء عنها وذهبت لها في المدينة التي تسكن فيها وأجرت فندقًا وجلسنا يوم للتخفيف وهكذا وفعلاً تم التخفيف ولكنها أخفت عني موضوع القضية حتى استقبلت رسالة من المحكمة بميعاد جلسة الاستماع الأسري، وعند مواجهتها قالت لي ألم تكن تعلم بموضوع القضية، قُلت لا طبعًا.
الآن كيف أثبت نشوز زوجتي حيث أنها الآن أمضت ٦ أشهر خارج المنزل؛ منهم ٤ أشهر حتى الآن بدون إذني خارجه. وأيضًا حاولت أكثر من مرة إرجاعها المنزل ولكنها كانت ترفض بحجة أنني يجب أن أتصل بوالدها؟


Sep 28, 2022
1966
Is the appeal court's decision implemented automatically, or is an execution procedure required?



2
Q: Hello,
I kindly ask for clarification of the following situation:
The Dubai Family Court of First Instance gave the father visitation rights, and he has a Sharia Execution Case for implementation.
At the appeal, it was a tragic verdict: the judges rejected his visitation rights because the marriage was invalidated due to religious differences.
- Is this decision implemented automatically, or is there an execution procedure, with an execution writ, similar to the first instance?
- Is it possible for the father to still meet the child until the execution procedure is completed?
- Does Chapter 5 of the Federal Decree by Law on Promulgating the Civil Procedure Code, which deals with Executing Execution Writs and Decisions Related to Personal Status Matters, apply to the appeal or only to the first instance?
Thank you!




Jul 11, 2024
133
How does the police determine the defamation incident date for the 3-month limit?




1
Q: Hello,
For a defamation case, based on a Google review.
If the police require a criminal case filed within 3 months, how does the police prove the point at which the complainant became aware of the review/defamation in order to check it is within the 3-month limit?
Thank you





+2
Sep 13, 2024
76
How do I fight false forgery claims from my estranged husband over a car sale he approved in jail?




1
Q: Dear Lawyers,
My estranged husband filed a false criminal complaint against me out of revenge. He claims I forged his signature for a car sale that he fully agreed to while in jail in 2022 but now denies out of spite.
He was arrested in 2022 on drug trafficking charges and imprisoned at Al Barsha Jail. He agreed to sell our car (registered in his name), so I had a Power of Attorney (POA) drafted, which he signed while in jail.
When I attempted to have it notarized, I was informed that the POA had to be processed from jail.
I notified him, and he instructed me to proceed with the sale, assuring me he would finalize the paperwork after his release. The buyer, a family friend, took the damaged car (with flat tires, a dead engine, and a dead battery) based on trust and my husband’s verbal agreement.
Now that he has been released, he denies agreeing to the sale and is falsely accusing me of forgery because I have refused to meet with him. He has physically abused me multiple times and has used threats of violence against my family to stop me from leaving.
Please, I need legal advice on how to fight these false charges.





+2
Nov 26, 2024
74
Legal blog
2 available 2 • View allTips on Winning Legally at Court and out of Court 2
Winning the Lawttery - what it means to 'win at all costs' in the courtroom and what are the implications of a legal victory. UAE lawyer Diana Hamade shares through this article tips on winning legally while navigating through all possible ways to avoid losing while winning.
Jul 18, 2019
2335
Custody & Guardianship in the UAE 4
An interview-format article covering the topic of custody and guardianship in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 6, 2021
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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
49052

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Hello lawyers!
Please help me, what does it imply when public prosecution puts an arrest warrant and no travel ban?
Thank you in advance
Dec 30, 2024
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I rented out a machine that burst into flames at the worksite. Can I claim compensation? 0
Dear Sir/Madam,
I rented out a machine two weeks ago. Today, I received news that it burst into flames at the worksite.
Can I claim compensation for the machine and the lost business opportunity until it gets replaced?
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مغربي يريد الزواج مرة ثانية في الإمارات. هل يُطبَّق القانون المغربي الذي يشترط موافقة الزوجة الأولى؟ 0
السلام عليكم،
أنا مغربي وزوجتي مغربية، نقيم في الشارقة. أريد أن أتزوج امرأة ثانية مغربية. تجب موافقة الزوجة الأولى على التعدُّد في القانون المغربي.
هل يُطبَّق هذا القانون عليّ إن تم الزواج في الإمارات؟
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كيف نتعامل مع عامل غادر العمل وتغيب لمدة أسبوع؟ 0
السلام عليكم ورحمة الله وبركاته،
عامل ترك العمل نتيجة سؤال التحريات عنه، ولا يوجد مكان له نعلمه، وتغيب لمدة أسبوع. ماذا نفعل؟
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337 337 answers •
View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
Jan 3, 2025
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
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