Questions & Answers
Questions & Answers
4 available 4 • View allFiling for divorce in the UAE if marriage was outside


3
Q: I married in Poland, my wife is Polish and I am English. For the past 3 years, she has refused to live here and now has no residency visa.
We have a 13-year-old son, and she is pregnant. She organized this by IVF treatment which was from a spermicide sample of mine without consultation.
I am considering whether I can divorce in the UAE where I am a resident, and what would be the financial implications of doing so.



Mar 18, 2018
8955
Seeking the application of American law in a divorce case 

11
Q: My husband and I are both Americans. He wants to divorce in Abu Dhabi, but I don’t want to divorce in here because he is going to leave after divorce.
We have been married for 16 years and have a 14-year-old and 12-year-old boys. I want to divorce in America and he wants me to sign the divorce paper.
So, do I have the right to reject divorce in the UAE and only accept it in America?
Thank you!


Mar 20, 2018
8516
How to agree on the applicable law for divorce if the couple seek different laws


0
Q: Hi,
I had a question regarding starting divorce proceedings in Dubai. My wife and I are Australian citizens, Dubai residents.
We are originally from India, married in India as per Hindu customs. We have two kids (23 years & 14 years) both Australian passports also.
She wants to apply the UAE law for the divorce and I want to proceed as per Australian law. Can you advise how the court will rule and which country law should apply?



Jun 15, 2021
446
Can the wife prevent her husband from claiming the custody of baby?

0
Q: I am British and had a baby with a Syrian/Italian expatriate. We both live in Dubai, but I came back to the UK to have my baby.
During this time, he was sent to prison for fraud where he remains and I do not want him to have anything to do with my daughter as he is a very bad person.
He is not on the birth certificate and I did not give her his name so under British law he has no rights or claims to her.
However, I am moving back to Dubai and want to know the legal situation if he tried to claim her. I have heard even though we are British and he is not legally her father here, the UAE legal system will favor him as a man.
Please could you advise me?
Thanks


Jul 13, 2021
288
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
2926
Tips 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
2365
The Legal & Psychological Effects of Mental Well-being on Marriage 0
An interview-format article covering the topic of the legal & psychological effects of COVID-19 on marriage. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 29, 2021
539
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
49088

Other answers by
20 20 answers •
View allHow to sue a stocks trading company and claim back invested money 0
Hi Lawyers,
A lot of people had invested in a Forex trading company based in the UAE.
Do we need to get a lawyer to file a case or can we report it to the police station to summon the party involved so they can settle and refund our money back?
Please help us.
Thank you!
Dec 21, 2021
1300
Transferring the employees to a new company without paying the gratuity 0
Hi,
My company in DMCC is planning to shut down. They are not willing to pay us the gratuity.
They have offered the remaining staff, including me, to be transferred to a new company they are opening soon.
Is there any way we can get a continuation of the contract in order not to lose our gratuity in the long run?
We have all been in the company for more than 8 years now.
Many thanks,
Nov 10, 2021
718
A rented premises is sealed by the court. How can the landlord get it back? 0
We have an enforcement order against our company due to a commercial case in Dubai courts filed by one of our creditors and the office is sealed by the court.
The Ejari for the office has expired, in the meanwhile, the real estate is asking me to hand over the office or face another rental case as we are still liable for the rent.
The civil case matter is involving a large sum of money which the company is not in a position to pay right now but does not want to be liable for another court case.
Is there a way for the landlord to get their premises back?
How long would the court keep the premises sealed until their next step?
Oct 19, 2021
672
How to reduce a jail sentence judgment for smoking weed to a fine? 0
Why is the sentence for smoking weed fine and deportation in Dubai while it's two years and deportation in Abu Dhabi?
Can the sentence be appealed and reduced?
How can we get the name of the accused on the pardon list?
Sep 1, 2021
791
The rights of an employee upon resignation due to salary delay for 8 months 0
My friend was working in a Hamriyah Free Zone company for two years.
His contract expiry date is 13th Aug 2021. He has requested not to renew his contract further as his company has not paid his salary for 8 months.
Aug 11, 2021
425

Other answers by
32 32 answers •
View allهل يمكن للزوج منفرداً نقل دعوى طلاق من الإمارات إلى البلد الأم؟ 0
السلام عليكم
أنا وزوجي أردنيين مقيمين في الإمارات. قدمت لطلاق الضرر وحضرنا جلستين مع التوجيه الأسري ولم تتنتهِ القضية.
هل يستطيع زوجي نقل القضية لإكمالها في الأردن مع رفضي؟ أريد إكمالها في الإمارات.
وشكراً
Sep 26, 2021
484
كيفية إثبات الزواج في الإمارات لمواطنة تزوجت في مصر 0
السلام عليكم،
أنا مواطنة وتزوجت من مصري في مصر وتم إثبات الزواج في مصر بختم الخارجية الإماراتية وختم السفارة المصرية في مصر وختم الخارجية المصرية.
لدي ٣ أطفال وتقدمت بإثبات الزواج في الشارقة وتم الرفض. كيف أثبت الزواج في الإمارات؟
Jul 6, 2022
342
I want to resign and file a case against the employer for cutting down salaries 0
Hi,
I am working as an Engineer in a free zone company in Studio City, Dubai, since 2019 till date. My visa is issued in Abu Dhabi.
From March 2020, they cut down my salary & issued a letter stating that my salary has been cut down from April-20 to Aug-20 by 25%.
But even after August 20, they did not only pay me my initial salary but my salary was cut down a lot more and irregular.
The total pending is about AED 95,000+ to be received to date. Also, the company did not pay for insurance renewal and I was forced to take my own medical insurance for myself & to sponsor my wife's visa & insurance.
I have decided to resign and cancel my visa immediately due to a new job offer.
Is it better to raise the case while on their visa or after changing their visa?
Within how many days should I raise a case after changing my visa and cancelling my work permit?
Kindly provide your opinion on how to proceed.
What are the chances that I get my pending salaries in full and gratuity?
Mar 2, 2022
389
حقوق الزوجة في حالة الخلع فيما يتعلق بالنفقة والحضانة 0
السلام عليكم،
في حال تقدمت للخلع بسبب الإيذاء النفسي والهجر داخل المنزل واستمرار الصراع، هل أحصل على حضانة الأطفال؟
وما الذي أحصل عليه فيما يتعلق بمصاريف الأطفال؟
علمًا بأن لدي أربعة أطفال.
وكم يستغرق حكم الخلع؟
Feb 15, 2022
5353
Is it legal that my employer terminates me after resigning? 0
Is it legal that my employer terminates me after resigning?
While I have a signed copy of my resignation from HR and my direct manager dated almost 20 days prior to the termination letter disclosing that I breached the contract according to Article 120.
Jan 28, 2022
243
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