UAE legal Q&A: What should I do if I am involved in a minor traffic accident?

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Q: If a wife requests to be divorced by Khula' under UAE law and agrees to give custody of the children to her husband in return for ending the marriage, can she later regain custody of her kids? Or is the agreement to waive custody irreversible?

A: Khula' is a kind of divorce in which a woman is given her freedom in return for renouncing all her rights granted to her by Sharia, such as dowry, alimony and custody. If the wife seeks separation from her husband through Khula' she and her husband cannot agree to waive custody as compensation for the divorce because everything related to children's rights is not to be compromised through the Khula'. This is defined by Article 110 of the Personal Status Law as a contract between the spouses in which they agree to terminate the marriage for compensation paid by the wife or another person. If this scenario happens and a woman gives up custody to her husband in return for separation, this will be annulled by a court. Custody will then be given to the person found to be fittest to take care of children. However, the mother is usually the first party entitled to take custody of her children.

Q: What should a person do if they are involved in a minor traffic accident? Should they wait for the police to reach the scene? Should they take note of the other motorist's personal information? Can they get their car repaired without a police report?

A: In most instances, both parties involved in a crash should wait for police to arrive. However, if one party has left the scene of the accident, the other person, especially if they have suffered either material losses or physical injuries, is entitled to take note of the personal information of the other motorist so it can be given to police. A driver cannot get damages caused by a crash repaired without a police accident report. Insurance companies will not cover repair costs without this report, which details who is responsible and who is the aggrieved party.

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