Q: I am the wife of a man who has an ex-wife. It has been two years since the ex-wife asked for a divorce
but, at that time, she was pregnant, and under Sharia,
divorce can only take place after the woman has given birth. After she gave birth, the divorce went
into
effect. I work and have my own visa so I let the ex-wife remain sponsored by my husband until her visa runs out
in June. However, my employment contract is now finished and I need a visa from my husband.
When he told her that I needed a visa and that he would cancel hers, she
sent
threatening messages via WhatsApp. She does not have a job, and my husband
is giving fully for their children and
to keep her financially stable
.
Does
the ex-wife have the right to keep the visa without her ex-husband’s permission? Is there any violation of UAE law if my husband cancels her visa and gives it to me? My husband cannot afford
visas for each of us
.
A: The ex-wife, as the mother of the children, is their legal custodian. So her visa can be that of custodian of the children. I would advise your husband to approach the residency department to proceed with the steps to change his ex-wife’s visa.
Q: What charge would I face if I filmed the children of strangers as they play because they look cute and funny, and then post the pictures/videos on
social media
with no intention of defaming or offending anyone?
A: No person may film another and circulate their pictures on the internet without their knowledge and consent in person or from their legal representative, according to several legal provisions. These include Article 43 of Federal Law no 7 of 2002 on copyright and neighbouring rights, which stipulates that “any person taking a photograph of another person, in any manner, may not keep, display, publish or distribute the original or copies thereof, without permission from the person he has taken a photograph for, unless otherwise agreed upon”. Article 378 of the UAE Federal Penal Code states that “a punishment of confinement and fine shall be imposed on any person who violates the sanctity of individuals’ private or family life” ... other than the legally permitted cases or without the victim’s consent”. And Article 16 of the cyber crimes law of 2006 stipulates that “any person who violates the family principles or values, or spreads news or photos related to individuals’ private or family life ... even if they are true through the internet or any information technology tool, shall be punished by a minimum one-year jail sentence and a minimum fine of Dh50,000, or one of these penalties”.
Q: My husband and I are legally married in our country but we have not amended the documents required to establish our marriage in the UAE. What will happen if my husband faces legal issues or dies? Will I be treated as his legal wife and will I be entitled to all my rights as such (and vice-versa) by virtue of UAE laws?
A: Documents and certificates establish legal relations and so the marriage is acknowledged in the UAE as being legitimate. However, they carry no legal weight here. For documents to be recognised for legal purposes here in the UAE, the procedures for attesting and legalising documents must be followed.
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