إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I want to pursue divorce with my husband, we have...
I want to pursue divorce with my husband, we have a two year old. I was Hindu and converted at the time of marriage. I am not a practicing Muslim nor my husband is but we do fast during Ramadan and our son is circumcised. Sometimes we do go for Friday prayers. My husband has one more wife and 3 grown up kids. Throughout the 5 years of marriage and 7 years of dating husband lied about his relationship with his first wife and also about the nature of our relationship to his first wife. He has put me in a debt too. I don’t want to carry on with the relationship because since I learnt he is not a man of integrity. But I am worried he will take away our son. I don’t mind giving him visitation rights. I tried asking him about but he won’t give and I also saw how he treated his wife when she asked him for divorce. What should I do and how do I pursue divorce?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in Dubai, UAE. Indian citizen but married in the Dubai courts
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
He helped me to divorce my first husband and I was seeing him even before I was separated from my first husband and he was my boss.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the Emirates Personal Status Law, the marriage contract must first be proven in court if the marriage is Islamic
Hence, if he wants to divorce, it is possible in the sense that if the two parties want to apply the divorce law in effect in their countries, they must request this at the court.
Article 1 of the Personal Status Law No. 28 of 2005 stipulates that the provisions of the law shall apply to UAE nationals unless non-Muslims have provisions specific to their sect and religion, and its provisions apply to non-nationals unless one adheres to the application of its law. This means that the parties concerned may request the application of their own laws in matters of personal status.
The case must first be registered by any party in the Family Guidance Section of one of the Emirates for coordination between the parties and a date to meet with the family counselor.
Family orientation interview is mandatory to complete divorce proceedings in the UAE. Spouses are allowed to express their concerns about marriage in the absence of their legal representative.
Friendly divorce can be reached at this stage. The parties formulate a settlement based on mutual understanding between the parties and sign it before the family counselor
If one or both parties insist on a divorce, the family counselor submits a referral letter to the application, allowing them to appear before the court to conclude the divorce case.
The communication may be submitted to the Court at any time within three months from the date of its issuance. Divorce proceedings are conducted at the discretion of the court and each party submits evidence in its possession against the other party as well as the defense of each party. Note that the energy fee costs approximately AED 100
As for custody, it is for the mother, since the mother is the right to care for her children
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.
Hence, if he wants to divorce, it is possible in the sense that if the two parties want to apply the divorce law in effect in their countries, they must request this at the court.
Article 1 of the Personal Status Law No. 28 of 2005 stipulates that the provisions of the law shall apply to UAE nationals unless non-Muslims have provisions specific to their sect and religion, and its provisions apply to non-nationals unless one adheres to the application of its law. This means that the parties concerned may request the application of their own laws in matters of personal status.
The case must first be registered by any party in the Family Guidance Section of one of the Emirates for coordination between the parties and a date to meet with the family counselor.
Family orientation interview is mandatory to complete divorce proceedings in the UAE. Spouses are allowed to express their concerns about marriage in the absence of their legal representative.
Friendly divorce can be reached at this stage. The parties formulate a settlement based on mutual understanding between the parties and sign it before the family counselor
If one or both parties insist on a divorce, the family counselor submits a referral letter to the application, allowing them to appear before the court to conclude the divorce case.
The communication may be submitted to the Court at any time within three months from the date of its issuance. Divorce proceedings are conducted at the discretion of the court and each party submits evidence in its possession against the other party as well as the defense of each party. Note that the energy fee costs approximately AED 100
As for custody, it is for the mother, since the mother is the right to care for her children
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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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