Questions & Answers
Financial rights of the wife after expats divorce in the UAE
My husband and I are South African & have been married for 6 years. We live in Dubai. He also has a Canadian passport.
We were married with an Anti-Nuptial Contract (prenup) but the ANC was not registered, so we are married in community of property. We have nothing between us, no money/kids/assets.
My husband did receive inheritance money 2 years ago. I supported us financially for our marriage because my husband worked on commission only job.
He refused to find a job that paid a monthly salary. He contributed financially but I carried the bulk of our expenses. I used my own personal savings from before us being married to support us.
He promised that when he receives his inheritance he would return my savings, would buy us a house and more. He received this money about 2 years ago and has given me nothing.
He is an alcoholic, he has admitted that he has cheated on me by calling a sex line & has been arrested twice due to alcohol. We have been for counselling in the past. I moved out on 5/11/16.
Dear Madam,
Under Article 1 of Federal Law No. 28 of 2005 (Regarding Personal Status) “If the parties wish to have the law of their home country applied, they may petition for this before the court".
This means that the law allows relevant parties to apply their own laws to personal status matters, especially in divorce cases whereby both parties are from the same country.
The time taken to complete and formalize a divorce will depend if the divorce is amicable or disputed.
THE PROCESS: The divorce process in the UAE begins with either party opening a file before court asserting their decision to end the marriage.
Thereafter a MANDATORY meeting where the parties will voice their concerns pertaining to the marriage before the conciliator.
In this meeting, no legal representatives will be permitted and the couple will get the opportunity to discuss their issues and attempt to resolve them.
AMICABLE: After the conciliator's session to restore the marriage fails, an amicable divorce can be concluded. Parties will need to draft a settlement in English/Arabic and sign it before the conciliator.
Thereafter a session will be before a panel of judges where the parties will be asked if they would want the divorce to be finalized.
Again, parties can represent themselves personally. Amicable divorces are fairly quick within a period of 1 to 2 months.
DISPUTED DIVORCES: If the divorce is difficult and disputed the conciliator will provide the claimant with a referral letter, permitting them to proceed before the court to conclude their divorce case. Here it is advisable to engage an advocate.
MAINTENANCE: Under the UAE law, a woman can claim compensation for maintenance (SUBJECT to the laws of the country which entitles her to the same until she remarries), and compensation if her husband has not supported her for the last year of their marriage, and for moral damage as a result of being divorced.
With best regards,
Mrs Khan
