Divorce is an emotionally taxing experience, amidst the emotional turmoil, it’s essential to remember your financial rights, such as alimony. This guide delves into the complexities of pursuing alimony in UAE courts. It highlights recent updates and provides practical insights to consider.
Understanding Alimony:
Alimony, also known as spousal maintenance, is a legal financial obligation on a person to support their spouse financially during and after a divorce. It includes various essentials such as food, clothing, shelter, medical care etc.. The alimony in UAE courts’ Personal Status Law governs alimony & it aims to ensure financial stability for those affected by divorce.
Article 63 of the Federal Law No. 28/2005 Concerning Personal Status outlines the principles of alimony. It specifies that maintenance must be tailored to the maintainer’s financial capacity, the dependent’s well-being, & the economic climate. Alimony should never fall below the “necessary level.”
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”) says:
- 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.
- Maintenance should be set following the maintainer’s financial capacity, the dependent’s health, and the local & global economic conditions. Maintenance must, however, not fall below the necessary level.
- 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.
A spouse can request alimony following Article 67 of the Personal Status Law when the husband stops providing basic necessities. This entitlement doesn’t require a court judgement and is applicable regardless of mutual agreement.It’s advisable to consult family lawyers in Dubai to ensure an accurate alimony calculation.
Recent Changes:
The UAE’s legal landscape witnessed a significant change on 1 February 2023 with the enactment of Federal Law No. 41 of 2022, recognizing civil marriages. This new law in the alimony in UAE courts is designed to ensure that non-Muslim residents have equal legal rights and safeguards. It also offers them an option other than religious marriages. Foreign nationals can now enter civil marriages by meeting specific criteria, allowing for more legal flexibility.
Also, one of the most significant changes is that women are now able to apply for alimony from their ex-husbands without having to justify their request or prove that they have been wronged. There is a significant change from the previous law, where women had to demonstrate their financial inability to support themselves, before receiving their alimony. The updated law outlines various factors that the court will examine when determining the alimony amount, such as:
- duration of the marriage
- wife’s age and financial situation, and
- husband’s capacity to pay
This means that women are now more likely to be awarded a fair amount of alimony, even if they have been married for a short period of time or if their husband is wealthy.
Child Custody and Alimony:
The new law emphasises joint custody as the general principle after divorce, focusing on the best interests of the child. Child custody and alimony often intersects, and decisions related to one may influence the other.
It’s advisable to reach out to family lawyers in Dubai when dealing with these complex matters. Obtaining alimony in UAE courts requires a grasp of legal intricacies and recent updates, while prioritizing the family’s welfare. The legal structure provides financial support during tough situations, & seeking advice from experienced legal professionals is important for achieving the optimal result. The new law emphasises shared custody as the fundamental premise following divorce, alimony in UAE courts, and focuses on the best interests of the kid.
Alimony matters in UAE courts involve complex legal intricacies. BSB Legal offers expert guidance to ensure a fair resolution. Our seasoned legal professionals provide comprehensive support and representation, ensuring your rights are protected during alimony proceedings in the UAE.