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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My wife is having an affair. I want a divorce but...
My wife is having an affair. I want a divorce but am fearful that I will not get full custody of my son
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
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?
We’re Canadian. We’re unhappy. But she wants to end the marriage without trying counseling. I know she’s seeing someone else.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if you reside in UAE, then the applied law is the Personal Status Law. So you can take many legal procedures, first file a complaint against the wife and the other person to condoning the sin which damage the marital relationship, as the law states the below:
Article (312)
Detention and a fine, or one of these two penalties shall be imposed upon any one who commits any of the following crimes:
1. Abuse of any sacred or holy Islamic rites.
2. Blaspheming any of the divine recognized religions.
3. Condoning or encouraging sin, publicizing it, or acting in a manner that tempts others to commit such sins.
4. Knowingly eating pork by Muslims.
If any of such crimes is committed publicly, the penalty shall be detention for at least one year, or a fine.
Moreover, you can file a divorce case for the damage that followed you by going to the Family Support as article 16 states,
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 to defend.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if you reside in UAE, then the applied law is the Personal Status Law. So you can take many legal procedures, first file a complaint against the wife and the other person to condoning the sin which damage the marital relationship, as the law states the below:
Article (312)
Detention and a fine, or one of these two penalties shall be imposed upon any one who commits any of the following crimes:
1. Abuse of any sacred or holy Islamic rites.
2. Blaspheming any of the divine recognized religions.
3. Condoning or encouraging sin, publicizing it, or acting in a manner that tempts others to commit such sins.
4. Knowingly eating pork by Muslims.
If any of such crimes is committed publicly, the penalty shall be detention for at least one year, or a fine.
Moreover, you can file a divorce case for the damage that followed you by going to the Family Support as article 16 states,
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 to defend.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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