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We would like to inform you that according to the UAE Law, if all the properties are registered under the wife’s name, then you don’t have any rights even you were with the wife during the purchase. So it is better to settle the situation friendly with the wife before separation to share between both of you so you have to sign contracts between you and your wife to clarify each one share to save the rights. As for the children according to the UAE Personal Status Law the custody is for the mother as below articles state:
Article (142)
Fostering is to safekeeping the child, educate and ward him in a manner that does not contradict the tutor’s right of tutelage over the person of the child.
Article (143)
The fosterer must satisfy the following conditions:
1) sound judgment;
2) having attained the age of maturity;
3) fidelity;
4) ability to raise the fostered child and provide for his maintenance and care;
5) safety from dangerous contagious diseases; and
6) not previously condemned for a crime against honour.
Article (144)
In addition to the conditions mentioned in the above Article, the fosterer must:
1) If a woman:
a) Be not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.
b) Be of the same religion as the fostered child, with due compliance with Article (145) of this Law.
2) If a man:
a) He must have around him a woman able to be a fosterer.
b) Be related to the fostered girl with such close kinship prohibiting him to marry her.
c) Be of the same religion as the fostered child.
Article (145)
Should the fosterer be a mother of a different religion than that of the fostered child, her fosterage shall be forfeited unless the judge deems otherwise in the interest of the fostered child provided the period of fosterage ends upon his completing the age of five whether the child is a boy or a girl.
Article (146)
1. Fosterage of the child is a right to the mother, then to the females, within the prohibited degrees of kinship, giving preference to those from the mother’s side over these from the father’s side taking into consideration the closest degree from both sides, with the exception of the father, and the judge shall in his decision consider the interest of the fostered child. In deciding who is the fosterer, the following order shall be observed:
a) The mother.
b) The father.
c) The grandmother, from the mother’s side, and upwards.
d) The grandmother, from the father’s side and upwards.
e) The sisters, giving preference to the full sister, then to the stepsister from the mother’s side, then the stepsister from the father’s side.
f) The daughter of the full sister.
g) The daughter of the stepsister from the mother’s side.
h) The aunts from the mother’s side, in the same order as the sisters.
i) The daughter of the stepsister from the father’s side.
j) The daughters of the brother in the same order as the sisters.
k) The aunts from the father’s side, in the above order.
l) The mother’s aunts from the maternal side, in the above order.
m) The father’s aunts from the maternal side, in the above order.
n) The mother’s aunts from the paternal side, in the above order.
o) The father’s aunts from the paternal side, in the above order.
Article (152)
The fosterer’s right to fosterage is forfeited in the following instances:
1) Derogation to one of the conditions stated in Articles (143) and (144).
2) In case the fosterer elects a domicile in another city thus making it difficult for the tutor to attend to his duties.
3) Should the person entitled to fosterage keep silent and do not claim this right for a period of six months without excuse.
4) Should the new fosterer live with the one whose fosterage has been forfeited for a reason other than physical disability.
Article (153)
Fosterage shall be reinstated to the one from whom it was forfeited whenever the cause of it has disappeared.
Article (154)
1. Where the fostered child is under the fosterage of one of his parents, the other is entitled to visit and be visited by the child and accompany him wherever decided by the judge provided he fixes the place and time and the person in charge to bring the fostered child.
2. Should one of the parents of the fostered child pass away or be absent, the fostered child’s relatives, to a degree prohibiting marriage, may visit him as decided by the judge.
3. If the fostered child is with other than his parents, the judge shall designate the person entitled to visit him from among his close relatives.
4. The judgment shall be enforced coercively should the person with whom the fostered child lives refuse to execute it.
5. The Minister of Justice, Islamic affairs and Wakfs shall issue a regulation determining the procedures to see, deliver and visit the fostered child provided these do not take place in police stations or prisons.
On the other hand the father shall pay amnesty if you have the custody and you are divorced. For the visa and sponsorship and you have custody then thee sponsorship on him till the end of the custody age and the child reach the legal age.
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