Publications / Family Law


family law

|

April 21, 2016

|

2565 views


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

UAE Family Matters Q&A: How Soon Can a Muslim Man Remarry After Divorce?

Question: I am a Muslim man and I have recently divorced my wife. Do I need to wait for the expiry of the three-month Iddat (waiting) period before I can remarry?

Answer: In general, Iddat is given to a woman before she remarries, for three reasons: to ensure that she is not pregnant; as respect for the sanctity of marriage; and to allow couple a chance to salvage their relationship and marriage.

However, it is important to note that a husband does not need to wait for expiry of the Iddat period before he can remarry, except in some very unique and exceptional scenarios. For instance, if he intends to marry a sister of the divorced wife, in which case, he will need to wait for the Iddat to expire because a man is not allowed to be married to two sisters at the same time under the principles of Islam and Sharia.

Yet another example is when he is divorcing his fourth wife. In this case, the husband will need to wait because a Muslim man cannot have more than four wives at any given time. Since the divorce is not final until the completion of the Iddat period, a man would still legally be deemed as having four wives, so he would need to wait until the divorce becomes irrevocable before he can marry again.

Question: I am a European man and have a son from my relationship with my partner. She has now taken the baby and moved to the UAE. I live in Europe. Can I file a custody case against her in Dubai?

Answer: The issue of custody would not be decided by the UAE courts because you do not have a valid marriage certificate attested from your home country.

This rule is a part of the UAE Public Order. As a result, even if you get a court order from your country of residence, it would not be possible to have it enforced in the UAE. According to Article 235 of the UAE Civil Procedure Law, a foreign court order shall not be executed if the order contradicts the rules of UAE Public Order.

Want to know more?
Then talk to us.


Client Testimonials

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.

Raphael Lauria
Manager, FME General Trading

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.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

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.

Luis Pozueco
Client

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.

Bassam Yamout
Director, JM Metal Trading LCC

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.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

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.

Dr. Massimo Hakim
Chairman, Italian Style

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.

Manish Gupta
Marketing Manager, Express Digital System

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.

James Horsley
British Client

Contact Me







Main Menu

Contact Me