# Divorce in Absentia?



## ChishFips (Jun 5, 2015)

Hi all,

My wife and I are separating, and she is heading back to Europe. Her lawyer has advised that I sign over custody and cancel her visa before they go. Am happy to agree to her taking my son with her, providing it does not hand over total control of any potential divorce and settlements to her country - I don't speak the language so I do not want to be in a situation where the deck is loaded against me and my rights are at stake.

So my question is:
1) If my wife's visa is cancelled and she is in Europe, can I apply for divorce through UAE court? 
(Apparently if she is domiciled in the EU and I am here, the UK courts will cede the process to her country - according to advice we were given)
2) If no, can I sign custody over to my wife, and have a formal separation with a preliminary financial/visitation agreement and she retains a UAE residency visa?

Any advice or help would be appreciated

Thanks!


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## imac (Oct 14, 2012)

ChishFips said:


> ...Any advice or help would be appreciated...!


you should be asking this to a competent legal professional who has experience in these sorts of issues, who is working to represent your best interest... divorce and custody are extremely complex issues, and you need your own lawyer and definitely not rely on your wife's lawyer or a public forum for advice...


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## pamela0810 (Apr 5, 2010)

My humble recommendation (having been through this myself) is to finalize all divorce proceedings while you both are in Dubai. As imac has mentioned already, custody and divorce agreements are extremely complex and you do need a lawyer who can work in your best interest. As much as you might want to end things amicably, there will be some bitterness that could escalate little disagreement. It's better to resolve those while you're both in the same city and each knows what is happening.


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