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Publications: Family Law

DATE PUBLISHED: 2017-04-13

UAE Family Matters Q&As: Can I Sponsor My Ex-Wife?

Question: I'm a Western expatriate who has divorced my wife but I would like to know if I can I still sponsor her, although she is no longer my wife?

Answer: According to Executive Decree No?360 of 1997, which is relevant to Immigration Law No?6 of 1973 and its amendments, a special application has to be submitted to the immigration authorities to sponsor a wife under certain conditions. However, under this article of law, and any other for that matter, there is no provision for a husband to sponsor an ex-wife. There is no such thing as an ex-spouse's visa, so your ex-wife would have to find work that would grant her a visa.

Question: I'm from an Asian country and have a young boy with my wife, who is from another Asian country. I am afraid she might abduct him without my knowledge. Would I be allowed to put a travel ban on my child through the family courts without filing any case for custody or for divorce?

Answer: In accordance with Article 149, "the custodian may not take the child for travel outside the state without the written consent of the guardian of the person. If the guardian abstains from approving, the matter shall be referred to the judge". Also, Article 151/1 states that "if the custodian is another person than the mother, she may not take the child for travel without the guardian's written consent". So you should note that it is a legal requirement that your wife gets your permission before taking your son abroad but if your fear is that she may be planning to take him illegally, then you do have the right to pre-emptively file a travel ban application. You can, in fact, do this even if there is no risk of child abduction.


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