- Legal Articles
- Ask Elhais
July 21, 2016|
Question: I have been married for more than seven years. We have no children owing to my husband's medical condition. We have been having treatment throughout this time, trying for a child, but it has been unsuccessful. My question is: can I claim for divorce from him on this ground?
Answer: Yes, you can. According to Article 114 of the UAE Personal Status Law, you have the right to opt for divorce on the ground that your husband cannot have children. However, this is valid only if the following conditions are met:
1. You do not have any children from any other marriage.
2. You have medical reports to prove or establish the fact that your spouse is not able to father children.
3. You have been married to him for more than five years.
4. You should have proof that medical treatment was attempted.
5. You are not more than 40 years old.
It should be noted that the above conditions are also applicable if the medical condition was with a non-Muslim wife and a non-Muslim husband wanted a divorce.
Also, if one of the conditions are not met, you will still have the right to apply for divorce on any other valid grounds. If no ground for divorce exists, a wife can still apply for a "Khula" to get the marriage terminated. However, this should be the last possible resort because you will lose various rights that you may otherwise have been entitled to.
Question: I am an Asian Muslim expatriate and I believe that my husband divorced me three times by saying the words "I divorce you" three times. Does this mean that I cannot remarry him at all?
Answer: It is a very common misconception among expats that the saying of "I divorce you" three times amounts to three separate divorces. This is not the case. The effect of saying, "I divorce you", whether once or three times, remains the same. It is considered one divorce.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.