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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I want to divorce from my Swedish husband

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I want to divorce from my Swedish husband

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إجابة الخبير: Waleed Al-Helo

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.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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