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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi I would like to know how to proceed with...

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Hi I would like to know how to proceed with divorce in case of adultery in a marriage. I have a 1.5 year old infant and currently 5 months pregnant.

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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 in regard to filing a complaint against the wife and the fact that the act committed by her, which is a crime of adultery, is a punishable offense in the UAE Penal Code. Also, the law considers it an offense of consensual conspiracy and a penalty. If it is committed by force, threat or coercion, or if a person under the age of fourteen is caught, it is a felony punishable by temporary imprisonment.
So we advise you to file a criminal complaint in the prosecution for investigation and they will refer it to the court and submit ban of travel in UAE.
As according to the UAE Penal Code states:
Article (10) from procedure Code may not be a criminal case in the following offenses lifted only upon a written complaint from the victim or oral Al Or his legal representative:
1. Theft, fraud, breach of trust and hide things earned them if the victim or spouse of the offender was one of its assets or its branches were not these things reserved by judicial or administrative or burdened with the right to another person.
2. The minor shall not be extradited to a person who has the right to request and to dispose of the authority of his or her assignee.
3. Refrain from performing alimony, foster care, nursing or domicile.
4 - Insulting people and throwing them.
5. Other offenses provided for by law.
The complaint shall not be accepted after three months from the day of the victim's knowledge of the crime and its perpetrator unless the law otherwise provides.
Therefore you can file a criminal complaint against that person to follow that person and arrest.
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that as long as you have residence in UAE, you can file a claim for divorce where you reside, as the procedures for divorce:
Article (16) of personal status and before resorting to the court, the case must first be registered by any party in the family guidance section in one of the emirates of the state. Where the parties coordinate and schedule a meeting with the family counselor..
- Interviewing the family counselor is mandatory for divorce proceedings in the UAE. Couples 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 shall formulate and sign a settlement based on mutual understanding between the parties before the family directive
- If one or both of the parties insists on a divorce, the family counselor submits a referral letter to the application to allow them to appear before the court to conclude the divorce case.
- The letter may be submitted to the Court at any time within three months from the date of issue

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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