Family matters Q&As: can I divorce my husband for taking a second wife?


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Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

I married a Muslim man and accepted Islam. We live in Dubai with our two children. Recently, my husband has started living with another woman he claims to be his wife. Sometimes, he brings her to our house as well. After seeing my husband’s actions, I have decided to divorce him as he is not setting a good example for my children. However, he is threatening that he will not provide any support to my children. What can I do?

According to Islamic law, a Muslim man may have four wives at any given time. However, he must provide equal treatment to all of them. If you feel that you have sustained harm as a result of his unfair treatment, you may seek divorce on the grounds of prejudice. Furthermore, Article 78/1 of the UAE Personal Status Law provides that the father is obliged to provide maintenance to the children until his son completes his education or his daughter is married. Accordingly, you may also claim maintenance support from the father of your children in your divorce case.

My husband and I have decided to enter into a Postnuptial Agreement to govern our independent finances, assets and expenses. We are hopeful that the terms of the Agreement would be honoured by both of us. However, neither of us wants to move to the court immediately if a dispute arises between us as a result of this Agreement. We are expatriates and we do not understand Arabic. Can we refer any disputes regarding to our Postnuptial Agreement to an English-speaking international arbitration forum instead of the local Arabic courts?

As per Article 53/2/b of the UAE Arbitration Law, the court shall have the discretion to nullify the arbitral award if it is in conflict with public policy. Article 3 of the UAE Civil Transactions law provides that provisions relating to personal status, such as marriage, inheritance and lineage shall be considered as public policy. Accordingly, disputes pertaining to family matters are not arbitrable and thus the local courts, having the valid jurisdiction, are the correct forum to maintain the disputes.

If you have a question for our legal consultant, email media@professionallawyer.me with the subject line “Family Matters”.

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They do not usually recommend investing in Bitcoin or other cryptocurrencies due to the risk and volatility associated with them.

“It has produced eye-watering returns for some, whereas others have lost substantially as this has all depended purely on timing and when the buy-in was. If someone still has about 20 to 25 years until retirement, there isn’t any need to take such risks,” Rupert Connor of Abacus Financial Consultant says.

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Develop an innovative business concept

Have the ability to differentiate yourself from competitors

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The specs: 2018 Nissan 370Z Nismo
Price, base / as tested: Dh182,178
Engine: 3.7-litre V6
Power: 350hp @ 7,400rpm
Torque: 374Nm @ 5,200rpm
Transmission: Seven-speed automatic
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Transmission: Constant Variable (CVT)

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Wed, Aug 29:

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Thu, Aug 30: UAE v Nepal; Hong Kong v Singapore; Malaysia v Oman

Sat, Sep 1: UAE v Hong Kong; Oman v Singapore; Malaysia v Nepal

Sun, Sep 2: Hong Kong v Oman; Malaysia v UAE; Nepal v Singapore

Tue, Sep 4: Malaysia v Singapore; UAE v Oman; Nepal v Hong Kong

Thu, Sep 6: Final

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The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.

Read part three: the age of the electric vehicle begins

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2002 Giselle Khoury (Colombia)

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If you go...

Etihad Airways flies from Abu Dhabi to Kuala Lumpur, from about Dh3,600. Air Asia currently flies from Kuala Lumpur to Terengganu, with Berjaya Hotels & Resorts planning to launch direct chartered flights to Redang Island in the near future. Rooms at The Taaras Beach and Spa Resort start from 680RM (Dh597).

Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.