Assalamualaykom.. I am a pilipina married a...

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It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the UAE Personal Status Law, which regulates the personal status and regarding to the provisions of marriage and divorce, if you want to divorce, there must first be the legal and legitimate reasons for divorce as you injure by the husband and it’s impossible to continue the marital life in order not to fall your right, as the dowry's companion and alimony
Therefore, there must be
available the elements of damage to the possibility of filing a case for
divorce, with retaining the legal rights to you so that you are not lost them
and here are the legal texts that are explained to the situation of several
cases of the injury to the wife
Article (118)
1. In case the prejudice is not established, the discordance is still continuing between the spouses and the Family Orientation Committee as well as the judge were not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.
2. The judgment appointing the two arbitrators must include the starting and closing dates of their assignment provided it does not exceed ninety days extendable by a decision of the court. The court shall notify the two arbitrators and the parties to the litigation of the judgment appointing the arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity and probity.
Article (119)
The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile between the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators work.
Article (120)
In case the arbitrators fail to reconcile the spouses:
1) Should the offence be entirely from the husband’s part and the wife, or both parties are claiming separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the wife resulting from marriage and divorce.
2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for a consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offence, the arbitrators shall decide separation without consideration or with one in proportion to each one’s share in the offence.
4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming separation, the arbitrators shall decide separation between them without consideration.
Article (121)
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
3. The judge shall amend the judgment of the arbitrators in contravention of the provisions of this law.
Article (122)
In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof and by the court judgments rendered against one of the spouses.
The hearsay testimony is accepted if the witness explained, or it was understood from his statement that the prejudice is widespread in the spouses’ life environment as decided by the court.
A hearsay testimony to negate the prejudice is not accepted.
The testimony of a male or female witness, except the testimony of an ascendant against a descendant or vice-versa, shall be accepted if the witness fulfils the conditions set forth by law for testimonial evidence
Article (123)
Where the wife asks for divorce, before consummation of marriage or legal privacy, and she deposited the amount received as dowry, the gifts obtained and the amount spent by the husband because of marriage, but the husband abstained from doing so and in case the judge did not succeed in reconciling them, he shall order separation against consideration (Khul’)
As for the procedure of divorce, Article (16) stipulate that:
1. The lawsuit concerning personal status matters shall not be admitted before the court unless it has previously been submitted to the Family Orientation Committee. Are excepted from this provision, matters concerning wills, inheritance and like matters, summary and provisional lawsuits concerning alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence of marriage or divorce.
2. Where conciliation between the parties takes place before the Family Orientation Committee, it shall be recorded in a minutes signed by the parties and the competent member of the Committee. The minutes shall be sanctioned by the competent judge, enforced as an executory deed and shall not be subject to any means of appeal except if it is in violation to the provisions of this Law.
3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing regulation organizing the work of the Family Orientation Committee.
If one of the parties demands the divorce, the consultant shall submit a letter to allow that party to file a case of divorce at the court.
The letter may be submitted to the court at any time within 30 months. The procedures of divorce are based on the estimate authority of the court as each part shall provide the evidences and the defense
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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