United Arab Emirates: Divorce

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Article
Court Rules That Local Emirati Laws And The Personal Status Laws Of An Expatriate's Home Country Must Not Be Applied Simultaneously While Adjudicating A Matter
Case Summary: A divorce case between a Christian couple wherein the wife requests for a divorce from her husband due to desertion and lack of financial support from the husband for a period of five years. The wife also requests for child custody, child support, alimony, and other maintenance charges from the husband.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Court Rules That The Marital Domicile Must Be In The Husband’s Place Of Residence, Unless The Marriage Contract Stipulates Otherwise
Wife files a case against the husband for maintenance for herself and her daughter, and the custody of the child. The wife states that the marriage between the two had been unpleasant from the beginning, due to constant absence of the husband in the marital home, or the husband returning home drunk during late hours of the night, subjecting the wife to verbal abuse, and not providing for the family in spite of the husband’s substantial income. The wife claims that as a result, she was forced to obtain financial assistance from her brother and family.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The National Law Of The Country Will Be The Default Law In Determining Divorce Cases Between Non-Muslim Couples, Unless At Least One Of The Parties Expressly Requests The Application Of The Personal Status Law Of Their Home Country And Proves Such Law Before The Court
The wife seeks fault-based divorce from her husband and custody of two minor children, on the grounds that the husband mistreated her, committed adultery and abandoned her and their children. She claims that the couple has been separated for the past two years. The wife also claims that the husband has not been providing for the family financially and requests to divorce him under the Indian Hindu law.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Dubai Cassation Court Rejects Heirs’ Plea To Remove The Wife From The Deceased’s Inheritance, Emphasizing The Legal Principle That Silence Amounts To An Agreement
The plaintiffs, consisting of a deceased man’s mother and siblings filed a case against the deceased’s wife stating that the latter was divorced from the deceased, having allegedly accepted an amount of money as deferred dowry, and therefore had no right over the deceased’s property.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Dubai Cassation Court Upholds Res Judicata And Procedural Integrity In Personal Status Matters
Wife seeks fault-based divorce, custody of her minor daughters and related maintenance charges from her husband. The wife claims that their marriage has been in a state of ongoing deterioration, culminating in the husband leaving her and their children by departing from their marital home, over a year ago, pursuant to an agreement between the couple. The husband is an alcoholic and has illicit relations with women. He has not shown any inclination in providing for the family, forcing the wife to bear expenses including the rent for the marital home.
United Arab Emirates Family
AM
Dr. Hassan Elhais
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