Questions & Answers
The right of a non-muslim wife to seek divorce present
Good afternoon,
My brother is getting a divorce in Dubai. Both he and his wife are not Muslim but the divorce is done through Shariah Law.
His wife started proceeding in the family section with conciliators but herself never came and finally, the conciliator forwarded the case to the court.
In the first instance, it was granted a divorce without compensation (following also meeting with arbitrators) but both appealed the first instance decision.
His wife is now asking for Motaa (divorce present) in the appeal. His salary is around AED 65k.
Does he have to pay for it? How much approximately could it be?
Dear Questioner,
Regarding your question there are three answers depending on yours brother case:
1. If the party who asked for the divorce is the wife, she is not due to Motaa according to the UAE Personal Status Law No. 28 of 2005.
2. Although it is your right to apply to your home country's law as per the article No. 1 of the UAE Personal Status Law No. 28 of 2005, it has to be used before the First Instance Court and you do not have the right to do it in the Appeal Court for the first time. The same concept was indicated by the Supreme Court in cassation case No. 51/2011.
3. If the court determines the Motaa It will be for a period of one year as a maximum.
For any clarification, you can contact us directly via this No. 042251012 or WhatsApp on this No. +971509043085
Regards,
Abdulhameed Aljasmi Advocates and Legal Consultants
