A divorce may be a very stressful time for individuals; nevertheless, it is vital to remember that financial rights such as Alimony and child support are incredibly significant issues, and experienced guidance from an alimony lawyer in Dubai should be sought. The UAE personal status law enables expats to choose a law depending on many variables, and applying the proper choice of law is critical. Only a UAE family lawyer fully educated in UAE alimony law can offer the appropriate guidance.
What is Alimony?
A person must legally assist his wife financially before, during, and after a divorce or separation. This responsibility is known as Alimony. Food, clothes, housing, medical care, service fees if she worked in her family's home, and other claims resulting from a romantic connection are all covered by Alimony. The amount of Alimony is decided by the husband's financial capacity, the needs of the dependents, and the economic climate in the relevant location and period. The minimum amount of Alimony is not allowed. For determining maintenance, the share of custody, the dwelling, and other terms and conditions, the exploration (inspection) certificate is adequate.
Provision relating to Alimony of wife under Personal Status Law in the UAE
Article 63 of Federal Law No. 28 of 2005 Concerning Personal Status (the "Personal Status Law") reads as follows:
(1) The wife's maintenance should include food, clothes for the home, medical care, a servant if she lives with her family, and whatever the marriage requires.
(2) Maintenance should be set following the maintainer's financial capacity, the dependent's health, and the local and global economic conditions. Maintenance must, however, not fall below the necessary level.
(3) The exploration (inspection) certificate is adequate for determining the types of maintenance, the quantity of custody, the residence, and the circumstances on which any decision about the above is dependent.
In other words, According to Article 63, "the husband is required to spend on his wife from the date of the binding marriage, provided she submits herself to him, even if she is well established. Since it is required and cannot be avoided until paid or released, spousal Alimony is regarded as a debt the husband owes as of the date of his spending restriction.
Additionally, under Article 67 of the Personal Status Law, which provides that "the woman's alimony must commence from the day the husband abstains from supporting her," a wife is entitled to Alimony whenever her husband ceases meeting her necessities. It shall be regarded as a debt due from him without recourse to the judicial system or permission of the parties, but it shall be discharged by payment or absolution.
You may want to know: How can a father get full custody of his child in the UAE?
Does the law require spousal maintenance in the UAE?
Under Sharia and UAE law, there is no spousal maintenance after a divorce. The wife shall get assistance from her divorcee for three months after the divorce, according to Article 69 of Federal Law No. 28/2005. (Idda months).
The following situations also qualify for Alimony of wife:
- Based on Article 67 of Federal Law No. 28/2005, for the time that her spouse failed to pay her support, or based on Article 68 of Federal Law No. 28/2005, for moral and psychological harm brought on by the divorce.
- When the divorce is not yet final and the matter is still before the courts, maintenance (Nafaqa) is determined temporarily. The court may divide interim support between the wife and kid at the woman's request.
- When a late dowry, also known as an after-marriage dowry, was agreed upon at the time of the marriage and was included in the marriage contract, a woman may also be allowed to demand financial support from her husband in this circumstance.
- Even if the husband is given custody of the kids, he can never ask his wife for spousal support in the UAE.
Circumstance when Wife is not entitled to seek Alimony
Federal Decree-Law No. 5/2020 revised Article 71 of Federal Law No. 28/2005 to provide that the Alimony of Wife shall be lost in the following circumstances:
- If she forbids her husband from having her without a good reason;
- If she leaves the marital home without a good reason;
- If she forbids her husband from entering the marital home without a good reason;
- If a judgment or decision is issued by the court to restrict her freedom in a manner causing her husband to miss his right to have her giving him herself and such judgment or decision is being applied, or
- If she violates the matrimonial obligations outlined in the law.
Alimony for Children
- According to Article 78(1) of the Personal Status Law, fathers are obligated to support their children born by marriage.
- The father is responsible for paying for the maintenance of the child, who has no resources or financial assistance.
- Girl children must be cared for until they marry, while boy children must be cared for until they are old enough to work unless they are students completing their studies successfully.
Our UAE Family Lawyer professional at HHS Lawyers and Legal Consultants
When dealing with the financial aspects of alimony and child support claims in the UAE, the skills and services of a family lawyer in the country become essential. The spouses/wife of a divorce or maintenance case needs to get the help of a knowledgeable UAE Family Lawyer to properly represent the case in terms of requesting an adequate quantity of maintenance throughout an ongoing struggle.
Our UAE family lawyers have the expertise to emphasize all parts of the case to ask the court to award the spouse the most benefits possible in terms of support. We will assist you throughout your maintenance claim, ensuring that the Judge is informed adequately of your background, current circumstances, and requirements to get the best result.
For more information relating to Alimony of Wife, please don't hesitate to contact us.