Questions & Answers
Questions & Answers
12 available 12 • View allDivorce for expats in Dubai and custody of a child
2
Q: My relationship with my wife has ended and I am seeking a divorce. Reconciliation is not an option and the divorce will not be amicable. We have an Islamic wedding contract and also an EU wedding contract. We are both expats (different nationalities) but I am a Muslim and she isn’t. We have an infant daughter.
My wife insists on our daughter living with her but giving me rights to visit and take her on weekends. She expects me to pay everything to keep up with her current lifestyle, e.g. rent, bills, nanny's salary, car, etc. If I don’t, she has threatened to leave the UAE with our child. My wife is working but claims not to earn enough.
I also have a strong suspicion with some proof that my wife is having an extramarital affair with one or if not more partners.
Kindly seeking advice if I should seek a divorce through Shariah court? I would like to have the custody of my child. I have no objection over any claims on our assets.
Thank you.

Oct 24, 2017
1916
Understanding the rights of the husband during divorce

2
Q: Hi,
I’ve been married for 7 years with two beautiful children and we are expats living in Dubai (British).
We decided to get divorced and I wanted to understand my rights in regards to the family name as she’s in media and uses my children as pawns on social media sites.
She also puts up pictures that I don’t want to be associated with my family for legal reasons (alcohol-related as she doesn’t have a license and hosts paid media events illegally).
Can I force her to change her surname? Do I have any rights over what pictures of my children are put up on media platforms? Do I have any rights over my family name relating to social media?
Thank you


Mar 19, 2018
1768
The right of claiming child custody by the father

0
Q: Child custody question. Divorce in Dubai. Minor son is 4 years old.
If the father is Muslim and mother is non-Muslim, what are the requirements of the father to get custody of the child?
Is the relative who has to stay with father required to be a Muslim? Will a 1-bedroom apartment be sufficient?


Dec 24, 2018
1906
Possibility of losing custody if an extramarital affair is proven


3
Q: My question is that my ex-husband and I had a very ugly divorce in 2018 where both parties were involved in extramarital affairs.
I moved back to Canada while he's in Dubai. It's been 2 years that my ex hasn't taken any responsibility for our 3-year-old daughter.
He has threatened me if I take him to court he could get ugly by proving them that I had extramarital affair during our marriage by showing them pictures.
Could that result in me losing the child custody?
Could I still apply for child maintenance?
Would he be accountable for paying it?
Could it be a problem if he shows the court the pictures after 2 years of the divorce and which could result in me losing my daughters custody?
Please let me know. I will be very thankful.



Apr 23, 2020
2030
Reducing monthly alimony payments post ex-wife's remarriage
1
Q: I paid my wife a discretionary lump sum & agreed to pay AED 6k monthly. She has now remarried & had another baby with her new husband.
I have my daughter three times per week to live with me & pay for overseas holidays...etc., that she has with me 2-3 times per year.
What are the prospects of having these monthly payments reduced (say to AED 3k or less) or even cancelled so we each pay for our own costs of jointly raising our daughter?

Jul 21, 2020
569
Returning to home country with daughter who is under ex-wife's custody

7
Q: Good morning,
I divorced my ex-wife 3 years ago here in the UAE. We have one child who is 7 years old.
She is the custodian and I am the guardian. I am the sponsor of my child and have my child passport but her mother has put a travel ban.
I remarried last year. I plan to leave the UAE to go back to my country forever with my new wife and with no plans to come back.
Can I ask the court to have my daughter following me in my country?
There is an execution case that was opened against me after the divorce.
Will this case be closed when I leave the UAE to my country?
Should I inform the court?
What would be the process to follow before leaving the UAE?
Many thanks!
Best Regards,


Aug 26, 2020
837
The rights and custody of a child when the father loses his job and leaves the UAE
7
Q: I am the father of a young child and his sponsor. Recently, I lost my employment in the UAE. I will soon need to leave the country back to my home country.
My ex-wife has full custody and resides on her own visa in the UAE. I have been paying monthly child maintenance and annual housing to my ex-wife despite the restriction she has been placing on my ability to see my child since the divorce several years ago and has neither seen him nor heard him for the past 6 months.
- How can I enforce my right to see my child once I leave the UAE?
- What are my obligations in regards to alimony payment once I leave the country (considering the current economic situation, I don't know how long I'll be unemployed for)?
- What are my obligations in regard to my child's visa sponsorship considering that I will soon be forced to cancel his visa?
- Is there any legal possibility for me to reclaim custody of my child?

Aug 26, 2020
1808
مطالبة الأم بنقل الحضانة لأمها في حالة عدم صلاحيتها لها
6
س: السلام عليكم،
لدي استفسار بخصوص الحضانة.
الحضانة بشكل عام تكون للأم إلا في بعض الحالات التي تسقط فيها الحضانة عن الأم وتؤول للأب.
سؤالي: متى تؤول الحضانة للجدة أم الأم؟
قريبي لديه طفلان مع أمهم وهي حاضنتهم، لكن قُبِضَ عليها بتهمة شرب الخمر، وقد رفع دعوى ضدها مطالبًا بحضانة الأبناء لأنها غير جديرة بهم... إلخ.
هل يمكنها المطالبة بتحويل الحضانة لأمها أي الجدة؟
أعرف أن كل شيء بتقدير القاضي وأنه يرى مصلحة الأبناء قبل كل شيء، لكن إذا وكلت محامي، فهل يستطيع أن يطالب بنقل الحضانة إلى الجدة أم تسقط نهائيًا لأن عليها قضية جنائية وهي شرب الخمر والأب قادر على التكفُّل بالأبناء وتربيتهم؟
أفيدوني بارك الله فيكم!

Sep 7, 2020
1252
Can a father claim the custody of daughter when the mother marries unfit person?



3
Q: My wife and I got divorced 3 months ago, she has custody of our 6-month old daughter.
She wants to remarry but I disagree with the person she wants to remarry as he has a history of violence and abuse.
Can I have the custody agreement revoked?




Mar 26, 2022
711
Can I take custody of my daughter if my ex-wife is living with her boyfriend?
1
Q: My ex-wife is now living with her boyfriend. And she has custody of our daughter.
When I asked my daughter if that guy is living with them, she said that her mother told her it was a secret from me and not to tell me anything.
Obviously, my ex is refusing that he is living with them.
Can I do something about it?

Mar 17, 2022
244
Which law is better to apply for non-Muslims, UK or Sharia law?
1
Q: I wish to file for divorce from my wife. We are both non-Muslim, UK nationals living in Abu Dhabi. We have 3 children (12, 9, and 8).
I know we will both be awarded joint custody after the divorce but I wish for the children to mainly live with me at our family home.
If their main home is with me, will I still be liable to pay my wife alimony, even if she works?
What percentage of my monthly salary of AED 35,000 should I reasonably expect to pay? How long will the alimony payments last?
I am just trying to understand that if I am the children's primary carer, pay their school fees, and cover their living costs (if they live with me), then what would my wife be entitled to in the settlement as a monthly payment?

Apr 27, 2022
188
Ex-wife falsely accused assault to cancel visitation rights; case dropped. What now?



2
Q: Dear Sir/Madam,
Kindly let me know what I can do legally. My ex-wife filed a false criminal complaint of physical assault on my son to cancel visitation rights.
The public prosecution dropped the case after an investigation.




Dec 29, 2023
107
Legal blog
4 available 4 • 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
2898
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
3076
Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi 8
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE and the Ruler of Abu Dhabi. This personal status decree will be applicable for non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, Will, inheritance, and custody of children.
Nov 9, 2021
2520
نظرة على التعديلات الأخيرة على قانون الأحوال الشخصية الإماراتي 7
الأسرة هي عماد المجتمع، ويدور صلاحه مع صلاحها وجوداً وعدماً، فأن فسدت الاسرة فسد المجتمع؛ ولذلك اعتنت الشريعة الإسلامية بتنظيم العلاقات الاسرية أيما عناية. فالزوج والزوجة هما الأصول التي يتفرع منها الأبناء، فإن لم تستقِم العلاقة بينهما انعكس ذلك على بقية أفراد الاسرة من الأبناء وبالتالي فسد مجتمع الأسرة. وفي دولة الامارات العربية المتحدة يولي المشرع اهتماماً بشؤون الأسرة من خلال قانون الأحوال الشخصية الإماراتي وتقنينه من وقت لآخر بإجراء عدد من التعديلات عليه لكي يتماشى مع أوضاع الأسرة المختلفة.
Dec 5, 2021
4177
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
49053

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342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
268
How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
282
The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
671
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1270
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1263
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