ARTICLE
8 July 2016

UAE Family Matters Q&A: Can I Divorce My Wife If I Have Left The Country?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
I previously lived in the UAE and my wife still lives there. I want to divorce her but, since I am not in the country any more, can I authorise someone else to conduct divorce proceedings on my behalf?
United Arab Emirates Family and Matrimonial

Question: I previously lived in the UAE and my wife still lives there. I want to divorce her but, since I am not in the country any more, can I authorise someone else to conduct divorce proceedings on my behalf?

Answer: Yes. You may authorise a third party to conduct divorce proceedings on your behalf. As outlined in Article 100 of the Personal Status Law, divorce can be initiated by a man or his special representative. Therefore, to conduct divorce proceedings in the UAE you will need to grant a power of attorney to someone who can act on your behalf.

Question: My brother and I support our parents financially, but he has a higher income than I do. In terms of the law, do we have to contribute the same amount of financial assistance?

Answer: According to Article 82 of UAE Federal Law No28 of 2005, the Personal Status Law, financial support provided to parents is based upon the financial capacity of each son. Therefore the contribution made by each son can be different.

But if one son contributes more than his brother, he cannot reclaim the additional amount paid to his parents unless the amount was paid after a court decision was made against them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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