The Abu Dhabi Civil Family Court has set a regional precedent in granting one of the largest divorce settlements in the region, worth over AED 7 million (approximately $1.9 million). This landmark case highlights the progressive reforms introduced in the family law system in the Emirate, with an emphasis on women’s rights and gender equality.
Background of the Case
The couple in question had been married for many years and resided in Abu Dhabi. In November 2021, the Emirate of Abu Dhabi promulgated a new civil marriage law, called Abu Dhabi Law No. 14/2021 On Civil Marriage, which regulates family matters for foreigners i.e. civil marriage, divorce, joint child custody, and financial rights.
Divorce under New Civil Marriage Law: Legal Framework
Under this new law of civil marriage, any couple seeking to separate is now able to get a divorce quickly and effortlessly without prejudice and proof of the reason for divorce. It also provides that the court may require one spouse to pay the other a one-off lump sum besides the regular money alimony payment considering the length of time that the couple stayed together.
Article 6 of the Civil Marriage Law provides for the Unilateral Divorce. It states that “For divorce to be effected, it is enough that one of the spouses declare before the Court the willingness to separate and terminate the marital relationship, without the need for justifying such a request, proving any damage suffered, or blaming the other party”.
Further, Article 8 of the law details the procedure for financial claims once the divorce has been formalized. It states that “after the judge orders the divorce, the wife may file a claim for maintenance by filling a specific form”. This ensures a standardized approach to claiming maintenance.
You should know: A UAE Civil Family Court Grants one of the Largest Divorce Settlements for Dh7 Million in Alimony
Key Considerations for Maintenance:
Article 8 of the law further mentions that if the marriage contract is silent on the conditions or controls of such alimony, or any other financial claims, the validation of the alimony and the duration thereof shall be determined at the discretion of the judge based on the assessment of the following factors:
- Duration of marriage: The level of the alimony will increase as the duration of marriage increases.
- Age of wife: The level of alimony decreases as the age of the wife decreases and vice versa.
- The economic position of each spouse, as determined by an accounting report prepared by one of the experts accredited and delegated by the Department, to assess the economic position of each spouse.
- Extent of the husband’s contribution in the divorce due to the negligence, error or commission of an act that resulted in the divorce.
- Compensation by one of the spouses to the other for any material or moral damage suffered by him/her in consequence of the divorce.
You should know: How to calculate Alimony in Abu Dhabi under New Family Law
The Landmark Divorce Settlement: Decision of the Court
In this specific case, the wife was awarded 35% of her ex-husband’s wealth, including 35% of his properties and salary. This is the first divorce case in the region where an expert was appointed by the court to calculate the parties’ wealth and financial assets, as per the new civil marriage law.
The divorce itself was granted within less than a month, while the financial settlement, or the alimony, and was issued within a period of four months, indicative of the effectiveness of the new legal framework.
Key Provisions of Civil Marriage Law
- Fair Division of Assets: The law now makes for a fair division of marital assets in case of divorce. In case there isn’t a pre-nuptial agreement between the parties, the court considers factors such as the length of the marriage and contributions of both spouses when splitting property and determining alimony payments.
- No-Fault Divorce: The law takes away the requirement of proving fault for divorce. Couples can now choose to separate amicably without any finger-pointing and making the whole process less painful.
- Financial Support for Spouses: The law authorizes the court to decree alimony in consideration of marriage duration and their financial condition. Moreover, the court can grant a lump sum in addition to regular alimony and provide immediate financial security, particularly for those people who might be dependent financially on their spouse during the marriage.
Conclusion
This landmark divorce settlement in the Abu Dhabi Civil Family Court defines the commitment of this region toward modern and progressive family law concepts that advance women’s rights, equality of gender, and access to justice through efficient means. This therefore brings out one of the milestones in the implementation of the new civil marriage law, and its implications on expatriate families in the UAE.
Divorce Guidance in Abu Dhabi: HHS Divorce Lawyers
Even though Abu Dhabi Civil Family Court follows a simplified process, the legal aspects involved in divorce, especially for expatriates, may be complex. Our team of expert divorce lawyers at HHS Lawyers in Dubai will guide you on:
- Your rights and entitlements in accordance with the Civil Marriage Law of Abu Dhabi.
- Fair financial settlement, including negotiations for alimony and division of assets.
- Representation in court to ensure your voice is heard within the courts at all times.
- Guidance and support throughout the divorce process.
For further information regarding your specific situation, contact HHS Dubai Lawyers today for a consultation.
