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UAE resident left with Dh120,000 debt after husband flees; can travel ban be imposed on spouse?

In cases of divorce, a travel ban may be put on children, to prevent a parent from leaving the country with the kids without the court’s permission

Published: Mon 14 Oct 2024, 6:00 AM

Updated: Tue 15 Oct 2024, 1:03 PM

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Dubai resident Sara (name changed on request) decided to end her marriage after seven years. What shocked her the most was when her husband quietly fled the country, leaving her with their two children. When she tried to place a travel ban on him, her attempt was unsuccessful.

"The court rejected the travel ban, stating that a wife could not put a travel ban on her husband," said the 31-year-old expat, while speaking to Khaleej Times.

The Indian expat's husband had moved to Saudi Arabia in September 2024, within two months of her asking for a divorce. "After I posed the question of divorce to my husband, he sold his car, winded up his business and terminated the contract of our apartment. I had already moved out of the house at this point, taking my kids along with me. Next thing I knew, I heard he left the country through a friend," she added.

Before he fled the country, he cancelled his kids visas, leaving her with no choice but to sponsor them and pay their fees.

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During the course of their marriage, Sara said he had three failed businesses, which she supported financially by taking out loans in her name of Dh120,000. She would also pay her child's tuition fees and house rent whenever she could, as he was struggling financially.

The only evidence that she has regarding the loans are the transfer receipts showing that she sent the borrowed money to his account.

The divorce case has not seen any progress, as after the three preliminary consultation sessions which led the court to decide that the grounds for divorce were valid and finalise alimony, he never attended any of the hearings. "I have been going to them alone. I'm struggling to pay for my child's education and manage other expenses, while also trying to pay back the loan that I took for him. So, I have not been able to hire a lawyer since the legal fees are expensive," said Sara.

She is currently going to Al Adheed Centre, a typing centre located outside the Dubai Court that provides judicial services. "They've told me they've done everything from their side. Now its up to the court."

Can a wife put a travel ban on her husband?

Speaking to Khaleej Times, Samara Iqbal, a founding partner of Aramas International Lawyers, explained the ruling on ordering a travel ban on a spouse.

"In the UAE, a wife typically cannot directly impose a travel ban on her husband. However, there are certain circumstances in which a travel ban might be placed, but they generally involve legal actions or government interventions," said Samara, as she listed the circumstances.

Here are a few ways a travel ban might be imposed:

1. Legal disputes: If the wife files a legal case against her husband (such as for financial claims, divorce proceedings, or child custody matters), a court might issue a travel ban to ensure the husband remains in the country during the case.

2. Debt-related issues: If the husband is involved in financial matters or unpaid debts, a bank or creditor can request a travel ban through the courts. While the wife cannot directly request this ban, financial disputes within a marriage could escalate to such legal actions.

3. Custody cases: In divorce or child custody disputes, a court may issue a travel ban to prevent a parent (in some cases the father) from leaving the country with the children without the court’s permission.

"Although a wife alone cannot impose a travel ban, legal processes and court rulings in specific cases can lead to a travel ban being placed on a husband. The process is court-driven rather than initiated solely by the wife," said the lawyer.

The divorce and family lawyer further explained how a travel ban may also be put on children. "Often during or after a divorce, one partner may try to flee the country with the children, making the situation complicated."

"In such situations, the court may apply a travel ban on the child or children so that the parent is unable to take them out of the country," she added.

This offers the worried parent the surety that the child/children may not be taken from them and matters are resolved within the same jurisdiction.

Then there is the option of a temporary judgement. "If the husband is in the country and a final judgement has not been made and the spouse feels that he will leave before the final judgement, she can ask the court to make a travel ban by requesting a temporary judgement," said Samara.

"It does not need to be a large amount in the temporary judgement but enough so the travel ban can be placed," she added.

If the spouse leaves before either of these, then the judgement can be executed at the court and an arrest warrant may be issued. This means that he will be arrested when he enters the country.

Can money be retrieved?

In Sara's case, where her husband used all the money she took out through loans from the bank and then fled the country, Samara explained whether it would be possible to retrieve her money.

"It is mostly impossible if the money was taken from the bank under her name. The transfer receipts to her husband's account may not prove as enough evidence for the court," said the family lawyer.

In the UAE, be it loans or property bought under a person's name, the respective authority only considers the person whose name it is under as the rightful owner. The court requires clear evidence that the money was moved to take proper action.

"Unless there is a written agreement between the two partners about the money that was lent or property that was bought, only then the court may return the money or demand the other person to return the amount," added Samara.

The money can also be retrieved if the partner, in this case her husband, comes forward and agrees with the claims.

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