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family law

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June 14, 2019


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My husband's mother wants him to divorce me. What should I do?

Question: I had been living in the UAE with my husband, who works in Dubai, but recently travelled to India to give birth to our child. My husband and his mother are now fighting with me and his mother is constantly telling him to divorce me. I don't want a divorce and I can't travel to the UAE until I have delivered my child. What do you recommend I do?

Answer: If your husband decides to divorce you against your will and without a valid reason, he is legally obligated to compensate you. This compensation is called Nafket Mota'a. As per Article 140 of the UAE Personal Status Law, the compensation shall be paid for up to one year for the damage suffered by the wife from this divorce.

The husband must also provide maintenance support during the waiting (Iddah) period - the three month period after the divorce.

Additionally, Article 156 of the UAE Personal Status Law provides that a mother shall receive custody of the child unless it affects the child's best interest. Should you have a son, you would be given custody of him until he turns 11 and if you have a daughter; custody will last until she turns 13.

He would also be obligated to pay you financial support as long as you have custody of the child. Financial support includes covering education, food, clothes, medical insurance, housing, transportation, and other daily needs subject to the husband's income.

If before the divorce, your husband refused to provide you with maintenance support, you can claim reimbursement of your backdated expenses for up to 36 months.

As your husband is a resident of the UAE, you may visit the Emirates after you are medically fit to travel and register your claim against your husband.

You may also appoint a lawyer in the UAE to send a Legal Notice to your husband to inform him about your legal rights and the claims you have against him - which may discourage him to proceed with divorce.

Question: My partner and I would like to execute a prenuptial contract between us, which will separate our properties and provide that each person is liable to their own debts. Will this be valid in the UAE?

Answer: Prenuptial Agreements are not valid in the UAE. You may enter into a Postnuptial Agreement any time after your marriage. This agreement will set out the terms of financial arrangement between the parties.

The wife may agree to reduce, increase or waive the payments towards her expense allowance. This agreement cannot waive the custody rights and maintenance for children. As per Article 62/1 of the UAE Personal Status Law, each party continues to retain their individual property owned by them after the divorce.

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family law

|

June 14, 2019


Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

我婆婆想让我丈夫和我离婚,我该怎么办?

题: 我和我的丈夫一直住在阿联酋,他在迪拜工作。最近我去印度生下了我 们的孩子。我丈夫和婆婆现在和我吵架,我婆婆一直让我丈夫和我离婚。我不想离婚,但在我生完孩子之前我不能回阿联酋。你建议我应该怎么做?

回答: 如果你丈夫决定违背你的意愿无正当理由离婚,他有法律义务赔偿你。 此项赔偿称为NAFFET MOTA'A。根据阿联酋《婚姻法》第140条的规定,此项赔偿应最多支付一年,赔偿妻子因离婚而遭受的损失。丈夫还必须提供在等 待期的个人生活维持费,即离婚后的三个月。

此外,《婚姻法》第156条规定,母亲应拥有孩子的监护权,除非该监护权影响到孩子的最佳利益。如果你有一个儿子,你将拥有他的监护权直到他11岁,如果你有一个女儿,监护权将持续到她13岁。只要你有孩子的监护权,他就有义务支付给你抚养费。抚养费包括教育、食物、衣服、医疗保险 、住房、交通和其他日常需要,以丈夫的收入为准。如果在离婚前,你的丈夫拒绝为你提供个人生活维持费,你可以要求他偿还你长达36个月的回溯费。由于您的丈夫是阿联酋居民,您可以在身体状况适合出行后返回阿联酋,并向您的丈夫要求索赔。你也可以在阿联酋授权一名律师,向你的丈夫发送 一份法律通知函,告知他你的合法权利和你所要求的索赔,这可能会影响他与你离婚的进程。

题: 我和我的丈夫想在我们之间签订一份婚前合同,该合同将规定我们的财 产如何分配,并规定每个人都要对自己的债务负责。这在阿联酋有效吗?

回答: 婚前协议在阿联酋无效。结婚后,你可以随时签订婚后协议。本协议将规定双方之间的财务安排条款。妻子可同意减少、增加或放弃支付其开支津贴的款项。但本协议不能放弃对儿童的监护权和抚养权。根据阿联酋《婚姻法》第62/1条,双方在离婚后继续各自拥有个人财产。

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