UAE family matters Q&A: I fret about going to court over marriage



I am a non-Muslim Asian woman and I recently gave birth at a hospital. When I tried to get a birth certificate from the hospital, they asked me to go to court and get a court order so it can be issued. When I sought clarification, they said that the period between the date of marriage on my marriage certificate and the delivery date of my baby was less than 180 days. I explained to them that the marriage certificate was issued two months after the actual marriage ceremony but they are demanding that I get the court order, although I’m afraid to go to court. Is there any alternative to going through this process?

If what you are saying regarding your marriage is true, please note that you have nothing to worry about in going to court. You have the right to file a case requesting the court to pass an order allowing you to get the birth certificate, based on the above facts. It is quite likely that the court will ask you to produce witnesses (two men or two women and a man) to testify the exact date and place of your marriage. It is also advisable that you give the court copies of your application for the marriage certificate, along with any other document that can confirm the date of your marriage ceremony.

I am a Muslim woman and have been married for two years. My husband and I have a child. Until now, he has not paid the agreed dowry and refuses to pay this money. Do I have a right to claim a divorce on this ground?

As per Article 116/2 of the Federal law no28 of 2005 – the Personal Status Law – you do not have the right to claim divorce from your husband based on this situation. But you certainly have the right to claim dowry from your husband based on the same law, so you should look to start a case to claim it.

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

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Our family matters legal consultant

Name: Hassan Mohsen Elhais

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

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Sunday: Etihad Airways Abu Dhabi Grand Prix (55 laps) - 5.10pm

MATCH INFO

Quarter-finals

Saturday (all times UAE)

England v Australia, 11.15am 
New Zealand v Ireland, 2.15pm

Sunday

Wales v France, 11.15am
Japan v South Africa, 2.15pm

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The Ashes v England:
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Our legal consultant

Name: Dr Hassan Mohsen Elhais

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

Bio

Born in Dubai in 1994
Her father is a retired Emirati police officer and her mother is originally from Kuwait
She Graduated from the American University of Sharjah in 2015 and is currently working on her Masters in Communication from the University of Sharjah.
Her favourite film is Pacific Rim, directed by Guillermo del Toro


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