Question: My husband and I got married in Dubai a few years ago. Recently, he left our home, leaving me and the children behind. What are my legal rights in this situation? He hasn’t sent a divorce notice yet, but I am ready to contest it in court if he does. Is he still responsible for paying rent and other household expenses?
Answer: If you are a non-Muslim resident of Dubai married to a non-Muslim, the UAE Personal Status Law for Non-Muslims applies.
Non-Muslim residents in the UAE can file for divorce under the UAE Personal Status Law for Non-Muslims or use the family law of their country of marriage.
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According to Article 1 (1) of Federal Decree-Law No. 41 of 2022 on Civil Personal Status, these laws apply to non-Muslim UAE citizens and residents unless they choose their respective laws for marriage, divorce, and related matters.
The UAE Personal Status Law for Non-Muslims allows for obtaining a divorce at the first court hearing, as per Article 3, bypassing family guidance committees.
Moreover, you can seek a unilateral divorce without needing to justify the separation, according to Article 7.
Once a unilateral divorce is granted, a divorced woman can seek alimony. Article 9 permits applying for alimony following a divorce judgement, subject to the judge’s discretion based on various factors.
Factors include marriage duration, wife’s age, financial conditions, reasons for divorce, and children’s maintenance. These are detailed in Article 9, sub-clauses 1 to 9.
Either party can file for divorce in Dubai’s Personal Status Court and obtain a divorce under the applicable law. You can claim alimony, and your husband must provide child support during and after the marriage.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates, practicing law in Dubai, the UK, and India. More details at: www.amalawyers.com. Send questions to: news@khaleejtimes.com or Legal View, Khaleej Times, PO Box 11243, Dubai.
