# Divorcing an Emirati



## Allie9616 (May 24, 2013)

Canadian Muslim expat under husbands sponsorship was residing in Dubai....since have returned to Canada with two children who are both Canadian citizens as myself but automatically can acquire UAE nationality because father is UAE national....married in Dubai court...does the UAE have any jurisdiction over the children even if they hold Canadian passports?


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## hubbly_bubbly (Oct 17, 2010)

Get a real lawyer, one who knows UAE/Canadian family law.

Today.


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## hubbly_bubbly (Oct 17, 2010)

International Divorce - UAE

Child Custody Laws In The UAE - Family and Matrimonial - United Arab Emirates




And good luck.


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## Allie9616 (May 24, 2013)

I read that yesterday but thanks anyways☺


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## TallyHo (Aug 21, 2011)

The UAE's jurisdiction over the children is restricted to within the UAE.

Your best step is to get the Canadian courts to officially award you full custody of the children (easy if the father is absent) and never allow the children to return to the UAE.

Canada will not order Canadian children to be repatriated to the UAE because of a UAE court ruling regarding custody. The UAE custody ruling will be based on Sharia law, which Canada does not recognise. 

Do get a divorce lawyer to help you. 



Allie9616 said:


> Canadian Muslim expat under husbands sponsorship was residing in Dubai....since have returned to Canada with two children who are both Canadian citizens as myself but automatically can acquire UAE nationality because father is UAE national....married in Dubai court...does the UAE have any jurisdiction over the children even if they hold Canadian passports?


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## Allie9616 (May 24, 2013)

I also got married under sharia law....looking for a Canadian lawyer practicing in the uae


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## TallyHo (Aug 21, 2011)

Allie,

You implied you were already back in Canada. Regarding custody issues you need to turn to the Canadian courts, not the UAE courts.

The UAE court will automatically base its ruling on sharia law, which won't be to your benefit for the most part. 

If you're talking about trying to get alimony, that's a different story.



Allie9616 said:


> I also got married under sharia law....looking for a Canadian lawyer practicing in the uae


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## Allie9616 (May 24, 2013)

Thank you for your response I will not renew the children's passport...the father is absent, I'll get a lawyer involved! It's so complicated I have to travel to Dubai just to sign a piece of paper!


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## Allie9616 (May 24, 2013)

Yes back in Canada....the court will rule in my favor based on the fact the man has not worked in 4 years and it's tr children's best interest they have at heart, if I were a non Muslim then most definitely it would be the other way around.... Alimony I already tried and the uae is not a reciprocating country, but a guy with no job cannot take care of two small children!


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## Allie9616 (May 24, 2013)

Oh he also had permanent residence status in Canada....the judge won't like that very much, since emiratis are generally very patriotic people!


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## Jynxgirl (Nov 27, 2009)

Alimony isnt given in the uae, because alimony is harem in islam. 

Seems odd that a muslim woman should try to go after alimony........................... something isnt right here.


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## buds3000 (Apr 29, 2013)

I'm no expert but I have been told that Emiratis (even with no job) get a whole load of state benefits (free housing, free education for children, cash allowance for every child and in some cases even a car).

I am assuming that the case for divorce is built on more than just the fact that the father has no job. I am not asking you to give any details here. I am simply advising that you inform the lawyer of ALL the details. Unemployment alone is not a strong case for divorce.


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## Jynxgirl (Nov 27, 2009)

Whole lot of falses that people keep saying over and over from hearsay. If it was that easy to get free housing, there wouldnt be emiratis living in international city.... Free education is free, but like anywhere else... free education isnt all that. Many a local can just skimp by with english who went to public school (and I mean early twenty year old locals not the old folks). And the car thing, yes they can get assistance but is again, need be basis... BUT I just heard about the way a local was getting his car payment reduced.... Welfare fraud does indeed exist even in the uae is all I got to say about that! Anyhow, here nor there. Divorce is divorce. International divorce probly that much harder to get a spouse who doesnt want to pay for their kids, to do so. 

Mr Ho - Bit harsh but I do understand where coming from. Only real issue is if the dad should arrive in canada and take the children to the uae. Once here, they wouldnt be able to be taken out of the country on their canadian passports as there wouldnt be an entry stamp and the op wouldnt have access to their emirati passports. I would not suggest the op try to play mean to a muslim man who lives in the middle east. In theory, he can easily just come get the kids and give her no access to them at all once brough back to the uae. That is what giving no access or right to bring them back to the uae ever could push a dad to have to do. And honestly.... why should the kids nieces and nephews, aunts and uncles, never get to see them ever again? Divorce doesnt have to be ugly. Many an emirati has kids that live else where or here, and allow their kids to freely go to and from the other spouses country. I think a bit too much scare mongering. Unless the op knows that the divorce is going to get ugly


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## TallyHo (Aug 21, 2011)

You are correct that we don't anything about the circumstances of the divorce or the personalities of the parents in question, or even the gender of the children.

But the UAE is not a country that plays 'fair' when it comes to child custody as it is strictly based on Sharia law. The family can, through mutual agreement, come to different arrangements but the father will have the full backing of the courts if he wanted to have the custody of the children, especially if they are boys and above a certain age. 

Once the children are in the UAE the father can easily prevent them from ever leaving the country and there's nothing Canada can do about it, regardless of the children's Canadian passports.

I've been around the UAE long enough to have watched several mixed marriages break up spectacularly with very bitter custody disputes. The sensible mothers immediately left the country with the children before the courts got involved and a travel ban placed on the children. The unwise ones lost full custody. 

Remember the case with the half British half Qatari boy, Adam, who was taken from his British mother and given to his Qatari grandparents due to Sharia law? The father was dead, out of the picture. But the Qatari law sided with the grandparents.

That's why I side with precaution. 



Jynxgirl said:


> Whole lot of falses that people keep saying over and over from hearsay. If it was that easy to get free housing, there wouldnt be emiratis living in international city.... Free education is free, but like anywhere else... free education isnt all that. Many a local can just skimp by with english who went to public school (and I mean early twenty year old locals not the old folks). And the car thing, yes they can get assistance but is again, need be basis... BUT I just heard about the way a local was getting his car payment reduced.... Welfare fraud does indeed exist even in the uae is all I got to say about that! Anyhow, here nor there. Divorce is divorce. International divorce probly that much harder to get a spouse who doesnt want to pay for their kids, to do so.
> 
> Mr Ho - Bit harsh but I do understand where coming from. Only real issue is if the dad should arrive in canada and take the children to the uae. Once here, they wouldnt be able to be taken out of the country on their canadian passports as there wouldnt be an entry stamp and the op wouldnt have access to their emirati passports. I would not suggest the op try to play mean to a muslim man who lives in the middle east. In theory, he can easily just come get the kids and give her no access to them at all once brough back to the uae. That is what giving no access or right to bring them back to the uae ever could push a dad to have to do. And honestly.... why should the kids nieces and nephews, aunts and uncles, never get to see them ever again? Divorce doesnt have to be ugly. Many an emirati has kids that live else where or here, and allow their kids to freely go to and from the other spouses country. I think a bit too much scare mongering. Unless the op knows that the divorce is going to get ugly


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## w_man (Apr 16, 2010)

Of course a lawyer should be involved here but just wanted to make a couple of comments.

If I'm not wrong, there is no alimony in Islam but there is a concept of Mehr or 'dowry' which a man must give to his wife immediately after marriage. Normally this is a percentage of the man's worth or income. This money is given to the woman incase if divorce or separation. 

Also a note made earlier about the Emirati man going to Canada and bringing his kids back. Not sure if this will happen as you are not allowed to travel with kids without the other parent unless you have a letter from the other parent. The immigration office will almost always ask the kids if they have permission from their mom or if the kids are too young, they'll call the mother and confirm.

I'm sure it can be done - but not sure if it's easy.

Anyways - good luck and I would reconsider coming back to the UAE (even to sign papers). Papers can be signed and sent via courier. Not sure if I trust UAE courts to make the right decision and being in the country could be dangerous. Just my opinion.


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## Canuck_Sens (Nov 16, 2010)

You can divorce him in Canada provided your marriage is considered valid in Canada. Talk to foreign affairs Canada in Ottawa to find out how to validate your marriage certicate in Canada. With that, you can file for divorce in Canada. Your residency status entails you this right.

Remember there is no point in filing for divorce if under Canadian law you marriage is not recognized. Provincial law that is.

As for the UAE, I do not know if under UAE law you could get divorced that easily but in Canada you can.


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