United Arab Emirates: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Wife’s Decision To Withdraw Her Request For Divorce Enables The Case To Be Returned To The Lower Court For Reconsideration
Case Summary: Wife, who has been married for 21 years, and has two adult sons, seeks divorce from her husband stating reasons such as abandonment, desertion of the conjugal bed and adultery. The wife states that it has become impossible to continue the marriage as the husband has changed his behaviors towards the wife and children for a year.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Appeal Court Has The Duty To Adjudicate All Matters, Including In Matters That Fall Under The Discretionary Authority Of The Trial Court.
wife files for fault-based divorce from her husband and custody of daughter and related maintenance charges. The wife claims that the husband forced her to leave her job. He is disrespectful towards her, insulting and abusing her, in front of their children, without any reason. The couple has two children, and the husband incites their son to hit her. She also claims that the husband injures himself and sends photos to her family claiming that she assaulted him. He also quarrels with her family, demanding that he be given dowry.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Assessment Of Whether Harm Was Caused In A Marriage To Justify A Fault-Based Divorce Is To Be Determined As Per The Discretion Of The Trial Court
Case Summary: The husband filed for a fault-based divorce from the wife on the grounds of cruelty, physical and mental abuse, and impossibility of maintaining marital relations. He stated that his wife of 4 years had been treating him with extreme cruelty and had harmed his reputation by filing false cases against him in their home country. She has also been rude to his mother.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Maintenance Is Awarded By The Court Upon Consideration Of The Payer's Financial Capacity And The Recipient's Economic Status
Case Summary: The Wife requests for a fault-based divorce from her husband and seeks custody of their three sons. The wife states that although their marriage had been tumultuous since the beginning, with her husband mistreating her, being verbally abusive towards her and neglectful towards the family, for the previous 4 years they have been separated and the husband had completely abandoned their conjugal bed.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Legal Principle On Spousal Maintenance Was Set By The Court Of Cassation
In 2025, A wife petitioned against her husband claiming spousal maintenance after the reconciliation did not work, requesting AED 5,000 per month, which would cover all the costs of maintenance but not housing. She further demanded that he carry on paying to her the villa they are currently staying in as the marital home, utility bills, salary of the maid, school fees and supplies, child support, Eid clothes of their two children, a modern vehicle with a driver and recompense her to furnish the marital home as per Article 51 of the Personal Status Law.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Dubai Cassation Court Upholds Res Judicata And Procedural Integrity In Personal Status Matters
Wife seeks fault-based divorce, custody of her minor daughters and related maintenance charges from her husband. The wife claims that their marriage has been in a state of ongoing deterioration, culminating in the husband leaving her and their children by departing from their marital home, over a year ago, pursuant to an agreement between the couple. The husband is an alcoholic and has illicit relations with women. He has not shown any inclination in providing for the family, forcing the wife to bear expenses including the rent for the marital home.
United Arab Emirates Family
AM
Dr. Hassan Elhais
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