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family law

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March 23, 2018

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Can I file an adultery case against my husband who visits the UAE with his mistress?

Question: My sister and her husband have been married for 11 years but he is now having an affair. He and his mistress often fly to UAE to spend time together. Now the husband has left my sister with their two children, aged 6 and 8, without any maintenance, no house and no cars. Can she file a case of adultery against him if he visits the UAE as a tourist? It is not clear if the woman - who lives in New Delhi - has a UAE residency visa or not.

Answer: Provided there is sufficient evidence of the husband's adultery, you may file a case under the UAE laws. If the crime is being committed within the UAE, the courts have jurisdiction over the matter according to Article 1,2,3 and 4 of the UAE criminal law.

However, if none of the parties are resident in the UAE, the wife cannot file for maintenance. This is further to Article 5 and Article 6 of the Personal status law.

Question: My fiance and I intend to marry this year. We are both South-Americans but I have an additional European nationality. I own property in Dubai and I am planning on making further investments in property here and abroad. While I don't mind sharing things while we are married, I want to ensure in the event of a divorce I keep the property I own and purchased with my hard work. Is there such a thing as full separation of goods or a pre-nuptial contract in UAE? If not full separation of goods, how can I guarantee that my properties will be fully mine if we ever divorce?

Answer: Unless your country laws are applied, under the UAE Laws, the Civil Laws of the UAE are applied to all assets including property and bank accounts in the event of a divorce. Jointly-owned properties are presumed to be owned 50-50 unless one party can prove that they made a greater financial contribution towards the property.

All assets owned, financed or paid for, and in the name of one party remains in the name of that party. Any party has the right to request the court for the sale of a jointly owned property. Applying this to your case, in the event that you have paid for all the properties registered to you, you will remain the owner in the event of a divorce.

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