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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi. We are both filipino converted to islam. We...

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Hi. We are both filipino converted to islam. We got married in the mosque 2009 in Manila and contract was registered under sharia court. After the day of the marriage, I never saw my husband again since his family prohibited him to see me as he was married first in christian with Christian wife. Now, i want to fully be released from this as marriage was never consummated. What is the process?

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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 if you are expat in UAE, and want to apply for divorce from your husband in the Philippines. Yes, non-Muslims and expats can apply for divorce either in their home country or in the UAE.
If the parties wish to apply the applicable divorce law in their respective countries, they shall request it before 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

الرد من العميل

Hi. Thank u for your response. However, I don't have any communication with my estranged husband since 2009. He is not here in UAE. I just want this marriage to be voided and to be free again.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is possible to go to family guidance, as has been clarified, and to ask for a divorce by khula because it does not require the presence of the husband

الرد من العميل

Can Khulna be done here in UAE or I have to do it in Philippines?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

 The lawsuit can be filed in your place of residence as the procedures may be easier in nature because you are present in the country

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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