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family law

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June 08, 2017

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UAE Family Matters Q&As: Husband Has Sent Me Home so How Can I Retrieve What's Mine?

My husband filed for divorce in our home country and cancelled my visa, so I was forcefully sent home by him and my in-laws. All my money and gold is with him and he has not been answering my calls for a long time now. My home country's court dismissed the divorce case so now no divorce will happen, so how can I claim my rights from my husband in Dubai?

Answer: As per Article 5 of the Personal Status Law, you have the right to file a case in Dubai Courts requesting that he support you financially, on the basis of his income in Dubai. You have the right to request expenses to cover your housing, food, children's education, clothes, medical insurance and any other related needs of your children. Your husband is obliged, under the local laws, to return to you all the money that you have spent on the family in the past three years. The gold, which the law sees as a "gift between couples", cannot be retained by him without your consent. Article 649 of Civil Transaction Law 5 of 1985 and its amendments indicates that the gift between couples cannot be cancelled without your consent.

Question: My husband and I are expatriates who both want a divorce after I learnt that he was cheating on me. I don't have any evidence but he agreed to give me the divorce. Will the court ask me to present evidence to prove my claim?

Answer: If a divorce is by mutual consent, you do not have to submit any evidence that shows harm to either party. As both you and your husband consent to terminate the marriage, that is enough for the court without the need for further evidence.

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