Do my home country’s laws apply to my case?
Q I am a European expatriate who filed for divorce in the UAE courts. My lawyer did not inform me that I may have the laws of my home country applied in the first instance court. As a result, I lost the case and have since filed an appeal with another lawyer. May I request the appeal court to apply my home country’s laws, knowing it was not applied before?
A Although it is your right to apply your home country’s law, it has to be used before the first instance court and you do not have the right to introduce it for the first time in the appeal court.
I am a European Muslim married to a non-Muslim woman. We have two children – ages 4 and 6. I am planning to divorce my wife. Do I have the right to claim custody of both children?
It is your right under UAE law to claim custody of your children. If the child is less than 5 years old, the court has discretionary power to grant custody to the non-Muslim mother until the child reaches the age of 5. So you may claim custody of your children, knowing that you might get custody for the younger child, but custody of the eldest child is subject to the absolute discretionary power of the court, taking into account the child’s best interests. It is also advised that you prove to the court that there is another woman who could help you to care for the children, preferably a relative.
I am a married European non-Muslim woman with a child from a previous marriage. My former husband filed and won custody of our child because I remarried after divorcing him. As a result, I fought with my present husband and filed a case against him. If I was to file a divorce case against him, would I be able to earn custody of my child back?
Yes, definitely. UAE law indicates that custody of a child shall be returned to the person who loses it once the reasons for forfeiting custody disappear. It is advised that you apply for custody only after the waiting period of the previous marriage expires and the divorce from your second husband becomes irrevocable.