Q: 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.

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.

Q: What should I do if my husband refused to divorce me in the UAE? He used to say, for the past 7 months, that I have to wait until we go back to our home country; without proper maintenance or intimacy.

Q: My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her. Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court. Can she do that? Am I obliged to pay her alimony?

Q: What is the procedure to obtain an amicable divorce settlement following the family reconciliation center clearance? Is a lawyer required to draft the settlement? Can the lawyer liaise with the opposing party to reach the settlement? If a NOC is sought from the reconciliation center, does the case automatically move to the court for a discussion on the financial settlement? Or does the wife need to file a separate claim for the procedure?

Q: I have a 4-year-old daughter and a 3-year-old son. I got divorced from my ex-husband since I was pregnant with my son and everything was okay. I was raising them and we were okay. He was supporting us but not all the time. I was scared cause I want to raise my kids but lately, we contracted COVID and my kids had no insurance. Actually, he didn’t help us and left us at home to die without hospitalization. Weeks later, he went to our home country and got married. A point of the story is; I am tired of being a slave to this guy. Is there a way I can just get the money and my rights without calling him or texting him? He keeps on ignoring and blocking me and I don’t work. It is a real struggle.

Q: I have been divorced for two years now. My ex-husband has been hesitating to pay child support in the past two months saying that he has no money. I would like to raise a claim for this but I would like to know what the consequences will be after the claim has gone through. What does the UAE family law say? Also, I am worried that he might run out of the country, can I apply for a travel ban on him? Please advise!

س: السلام عليكم، أنا متزوج منذ 17 سنة ولدي إقامة في أبوظبي وأنا وزوجتي من الجنسية اليمنية وتزوجنا في اليمن وعشنا في أبوظبي لمدة 17 سنة. عند عودتها إلى أهلها طالبت بالطلاق. كيف يكون ذلك وماذا لي وماذا عليّ؟ علمًا بأنها وكَّلت وكيلاً لها وهو خالها الموجود في الإمارات وهو خالي في نفس الوقت.

Q: Hi sir, I need to open a file in Abu Dhabi for a maintenance case against my husband. We are not living together since1.5 years. He is working in Dubai. I am under my father's sponsorship and currently working. I don't have children. I need to ask if I can get the maintenance amount even though I am working with a labor card. How much will I claim for the maintenance amount? After how many days will I receive my maintenance amount? How much are your fees?

س: لدي مطالبة مالية بشيك مرتجع ٥٠٠ ألف للزوجة، وأيضاً نفقة بعد الطلاق تقدر ب ٤٠٠ ألف. كيف لي تقديم طلب تقسيط مبلغ المطالبتين حيث أنني لا أملك المبلغ بالكامل وأستطيع دفع مبلغ مقدماً يساوي ٥٠% من مجموع المبلغ المطلوب؟ هل سيوافق القاضي أم سأصطدم برفض طليقتي للتقسيط قي محاولة منها لإدخالي إلى السجن؟ أم أن القاضي سيرفض دخولي إلى السجن ويوافق على التقسيط؟ القضايا في محاكم دبي

Q: Is alimony discussed during the 1st court hearing for unilateral divorce (personal status non-muslim) or will this be post-divorce? If the spouse does not attend the hearing, will the divorce be postponed? If the spouse cannot be found and is not informed, will Dubai Courts close the divorce case?

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.

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.

I believe that there is a similarity between medicine and law, and just as there is a way to ask a question to a doctor to get the most accurate and correct answers from him, which ultimately helps you receive the correct diagnosis, and therefore the correct treatment, there is a way to ask a lawyer.

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.

The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.