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Abu Dhabi, UAEThursday 13 December 2018

UAE family matters Q&As: can I hire someone to track my 'cheating' husband?

A reader asks if she can hire someone to monitor her husbands movements to prove his infidelity and another asks what the effect of filing a criminal case against her husband would be on a loan in her name

My husband and I have been living apart for the past nine months and he has since filed for divorce in an Abu Dhabi court. We share a nine-year-old daughter and I do not wish to divorce but he is adamant. I suspect he is having an extra-marital affair but I do not have evidence to prove this. Can I get help from some officials to track his movements and monitor his home (without his job being affected)?

It is illegal to appoint anybody to trace your husband or to collect evidence about his relationship. If you have solid evidence or witnesses, you may file a criminal case against him for adultery. If you do not wish for him to face potential jail or deportation then you may only file a family case to claim for divorce and custody if you have children. Unfortunately, there are no other options you can take.

If you do not have any solid evidence to prove your husband's infidelity and you have doubts then I suggest considering other options before taking legal action. If your husband is not having an extra-marital affair and you took legal action you will be breaking up the marriage for no reason.

My husband is cheating on me and I want to file a complaint against him to prove that he is guilty. He is using a car which is under loan and we have a mortgage under my name. What would the consequences be for the liability with the bank should I file a criminal case against him?

If you filed a criminal case and you won the case, your husband shall face a deportation sentence. With regards to the car, as it is under your name, your husband shall not be liable for it and you will have personal liability with the bank to resolve the car loan and mortgage. The bank shall take action for the loan and mortgage against you as it is your car loan and not against your husband as he is not liable for the recovery of the contract of the car.

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