Can I claim child support in UAE from my former partner?
Q I was engaged to a man from a different country for two years. In that time we had a baby but we also began to argue and decided not to marry. Our child remained with me and he agreed to pay maintenance. He stopped sending money six months ago and will not answer my calls or messages. I’ve since discovered that he lives in the UAE. Although I do not live there, can I file a case against him in the Emirates? A UAE law prohibits a sexual relationship outside marriage. Children born to an unmarried couple do not have legal status in the country. Accordingly, you would not be able to claim maintenance before the local court as the personal status courts typically do not maintain claims between unmarried partners and their children.
My former husband and I separated several years ago. We are non-Muslims and we divorced in our home country. I do not live in Dubai any more but he does. As per the divorce agreement, he must provide me with child support. However, he has refused to send it over the past few years. Can I file a claim for child support in the UAE?
As per Article 5 of the UAE Personal Status Law, the courts shall have jurisdiction on family matters where the defendants are residents in the UAE. Since your husband is employed in Dubai, you may register a case against him in Dubai’s courts to claim maintenance as per the divorce agreement. To register a personal status case in Dubai, you must first attend mandatory mediation before the Family Guidance Department, which is located in the premises of the Personal Status Courts. If the family matter is not resolved amicably, the department will give the parties a No-Objection Certificate to register a case in the court.
My husband and I were married in Dubai and do not have any children. Since last year, we have been arguing and he moved out to live with another woman. I recently learnt that she went back to her country to deliver their baby and has since returned to live with my husband in Dubai. I tried to reconcile with my husband on the premise that he abandon his new relationship but failed and I would now like to pursue legal action against them.
Adultery is a crime punishable under the UAE Penal Code with up to one year of imprisonment followed by mandatory deportation. The public prosecutor and the criminal courts have the discretion to inquire into the significance of the evidence on record. The prosecution may investigate your husband and his girlfriend and, if convicted, they may be punished. You may approach a lawyer to handle your criminal complaint and you may also file for divorce on the grounds of adultery, regardless of whether you decide to file a criminal case or not. If you have a question for our legal consultant, email media@professionallawyer.me with the subject line “Family Matters”.