How do I get back what is mine?

q My husband filed for divorce in our home country and cancelled my visa, so I was forcibly sent home by him. All my money and gold is with him. The court in my home country dismissed the case so no divorce will occur. How can I claim my rights from my husband in Dubai?

a 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 needs of your children. Your husband is obliged, under local law, 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 cannot be cancelled without your consent.

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

If a divorce is by mutual consent, you do not have to submit any evidence that shows harm to either party. As you and your husband consent to terminate the marriage, that is enough for the court.

Hassan Mohsen Elhais is a legal consultant with Al Rowaad Advocates and Legal Consultants. If you have a question for Mr Elhais, email media@professionallawyer.me with the subject line ‘Family Matters’. The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.