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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

Lawyer

Hello i am a female moroccan resident who would...

تم تقييم هذه الإجابة:
Hello i am a female moroccan resident who would like to file for a divorce but dont know the procedures and if i have the full right of custody
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in doha qatar
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

We would like to inform you that according to the Qatari family law, if you are resident and want to file divorce due to harm and there is a reason and you can prove that there is harm by your husband and you can’t continue the marriage, then you will get the divorce. Otherwise, if you couldn’t prove the harm and you still separated from your husband and the reconciliation failed , then the judge will determine two persons from your families to reconcile and determine a period for that.

Moreover, The arbitrators shall seek the causes of marital breaches and attempt to reconcile the couple.

The arbitrators shall make a report to the Judge of their attempts and state to what extent each of the spouses has contributed to the breaches together with their opinion. The Judge may adopt the report of the two arbitrators if it complies with the provisions of the preceding Article, otherwise he shall appoint other arbitrators by a substantiated decision to start reconciliation afresh, or add a third arbitrator to join the existing two arbitrators.The Judge may decree separation based on the two arbitrators' report in cases where reconciliation cannot be achieved and breaches continue between the spouses. If the two arbitrators do not make their report and differences between the spouses are intensifying, he shall decree their separation. If the Judge is of the opinion that the separation of the spouses should be decreed and that the wife is largely or wholly to blame, he shall separate between them with money to be given by the wife as determined by the judge after checking the two arbitrators' report. However, if the husband is largely or wholly blamed, or both are blamed or it is unknown, then they will be separated between them without money.

In regard to custody, The custody of women is terminated at the age of thirteen years for males and for the female fifteen years, unless the court sees an extension of this age for the sake of the child until the male reaches the age of puppetry or the female gets married.

 According to the Qatari Personal Status Law, states the below:

Article 129

The wife, before or after consummation of marriage, shall have the right to request separation on the ground of detriment which makes marital life impossible to continue for her like. The Judge shall attempt to reconcile between the spouses. 

If reconciliation cannot be achieved and detriment is proved, separation shall be decreed.  Detriment may be proved by Evidence including hearsay testimony.

Article 130

If detriment is not proved and breaches between the spouses continue while reconciliation by the Judge cannot be achieved, the Judge shall appoint two arbitrators from their respective relatives who are likely to have the ability to reconcile between the couple; if there are no such arbitrators from their relatives, then appointment shall be from outside their families. The Judge shall decide the duration of the arbitration.

Article 131

The arbitrators shall seek the causes of marital breaches and attempt to reconcile the couple.

The arbitrators shall make a report to the Judge of their attempts and state to what extent each of the spouses has contributed to the breaches together with their opinion.

Article 132

The Judge may adopt the report of the two arbitrators if it complies with the provisions of the preceding Article, otherwise he shall appoint other arbitrators by a substantiated decision to start reconciliation afresh, or add a third arbitrator to join the existing two arbitrators.

Article 133

The Judge may decree separation based on the two arbitrators' report in cases where reconciliation cannot be achieved and breaches continue between the spouses. If the two arbitrators do not make their report and differences between the spouses are intensifying, he shall decree their separation. 

Article 134

If the Judge is of the opinion that the separation of the spouses should be decreed and that the wife is largely or wholly to blame, he shall separate between them with property to be given by the wife as determined by the Judge after perusal of the two arbitrators' report. If the husband is largely or wholly to blame, or both are to blame or blame cannot be established, he shall separate between them without property to be given by one to the other

Article 173:

The custody of women is terminated at the age of thirteen years for males and for the female fifteen years, unless the court sees an extension of this age for the sake of the child until the male reaches the age of puppetry or the female gets married. Or the court makes them choose between the parents. In all cases, the reasons should be mentioned

In addition to the provisions of the preceding paragraph, the custody of women may continue if the child is mentally ill or sick, and the guardian may not include the child at the end of the period of custody of the women unless there is a consent or a judge and If there is no judicial ruling on custody and the minor guardian or minor infidel who is still in the age of custody of women is attached to him, the judge may, at the request of the guardian, return the minor temporarily to her on personal bail or without her, and direct the guardian or the abuser to file a case in front of the court.

 

الرد من العميل

Thank you for your reply . And in case the divorce was granted for me by court will i be forced to stay in qatar and how would i pay for my life expenses knowing that i have no job such as rent electricity and food and can i travel with my daughter if i want to .

إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

Note that when you are divorced then The place of the Child custody shall be the country of the guardian. The case of a woman who is contracted for marriage while residing in Qatar shall be exempted from this rule if that is for the interest of the custody child. 
Moreover, If the Child under custody, the female custodian or her guardian has no accommodation for custody, or the Child under custody has insufficient funds to rent an accommodation for custody, the guardian of the Child under custody shall provide a suitable accommodation for the custodian or pay the rental for such accommodation. If the custodian is divorced, her accommodation shall be the responsibility of her guardian, and the guardian of the Child shall pay his share of the rental.
Therefore, your ex husband has to provide accommodation and pay the monthly expenses for the children and proper the father's income. 
 
 
According to the Personal Status Law, states the below:
Article 180
The place of the Child custody shall be the country of the guardian. The case of a woman who is contracted for marriage while residing in Qatar shall be exempted from this rule.  
 
Article 181
If the Child under custody, the female custodian or her guardian has no accommodation for custody, or the Child under custody has insufficient funds to rent an accommodation for custody, the guardian of the Child under custody shall provide a suitable accommodation for the custodian or pay the rental for such accommodation. If the custodian is divorced, her accommodation shall be the responsibility of her guardian, and the guardian of the Child shall pay his share of the rental.
Subject to the provisions of the preceding paragraph, if the female custodian lives with her relatives in rented accommodation, the guardian of the Child under custody shall be required to pay a rental to be determined by the Court, taking into account the number of Children under custody. If her relatives are consenting to her living with them without paying rental, she shall not be entitled to rent payment.
Where the father of the Child under custody has accommodation from the State for married persons or because of marital status, the benefit of such accommodation shall be divided between the guardian of the Child and the female custodian in a fair and lawful manner satisfying the needs of each party.

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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

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