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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

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Hi I'm from India.Married since 13 yrs and staying...

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Hi I'm from India.Married since 13 yrs and staying in dubai.We were leading a good life.but we had few verbal clashes n the past 3 months and we are not in a good relation as he was completely ignoring me and he says he dont have a peaceful life with me.No major reason for this.My husband has filed divorce in Dubai stating he doesnt want to live together anymore and the first court hearing is on 28th. Can u let me know what can be the possible options court may suggest if I am with strong decision that I want to live with him and ready to accept anything that court says to have a peaceful relationship. Please note ours was a love marriage and he proposed me. Thanks in advance.

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

We would like to inform you that your question is not related to our field of work as legal consultants in the legal department. We are specialized in providing legal advice to our clients.

In addition, the site does not have any relation with any government or private entities

Non-Muslim expatriate residents can file for divorce in their home country (domicile) or apply for divorce in the UAE.

If the parties wish to have the law of their home country applied, they may petition for this before the court. Article 1 of the Federal Law No 28 of 2005 for Personal Affairs states: The provisions of this Law shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law.

This means that both parties may ask to apply their own laws to personal status matters.

 Whenever the law of the parties' home country fails to cover an aspect of the divorce procedure, the courts hold discretion to apply the UAE law.
If the divorce was in accordance with the rules of the UAE Personal Status Law, which derives from Islamic Shaari'a, if he wanted a divorce, then the woman's refusal to divorce would not prevent him from that
If the husband wants to divorce, and the wife does not want that, then in this case, the divorce will not be by mutual consent between the two parties.
If a divorce is contested between the two parties, or if the divorce is difficult and contested between the two parties, the family counselor will submit a referral letter with the request, to allow them to appear before the court to conclude the divorce case. Here it is advised to use a lawyer.
Regarding alimony: According to Emirati law, a divorced woman may claim alimony (this is subject to the laws of the country that gives her the right to that alimony until she remarries),
Compensation if her husband had not spent on her in the last year of marriage, and compensation for moral damage that she suffered as a result of her divorce.

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

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