Alimony in UAE
A divorce process can often be a very unsettling time for the people; however, it is important to understand that financial rights concerning ‘alimony’ and ‘child support’ are very crucial factors and expert advice should be sought from an alimony lawyer in Dubai.
The personal status law of UAE allows for a choice of law for expats based on various factors and the application of the right choice of law is crucial and only a lawyer who is well versed in the alimony law UAE will be able to provide the right advice.
The right legal advice should be obtained before initiating the divorce proceedings as the same influences the potential far-reaching outcomes of divorce proceeding such as alimony and child support.
Under Sharia law, upon divorce, the wife can claim:
- moral compensation – ‘Nafket Motaa’ This claim is for a year’s worth of expenses to cover the wife’s moral damage’ that she may suffer as a result of her husband divorcing her against her will. The claim could amount to as much as 40% of a husband’s income for one year, but is usually 25%.
- compensation from her husband, for not supporting her during the last year of her marriage.
- ‘Nafket Eda’. This is the financial claim that a wife could make from her husband to support her financially during the waiting period of three months after the divorce.
- Under an Islamic marriage contract wherein a dowry (Maher) is specified, upon divorce, the husband will be obliged to pay the same.
Alimony in the UAE can include many aspects such as accommodation, utility charges, food, medical care, clothing, and transport. Further, under the sharia law, the wife is not obligated to pay anything towards the maintenance of the husband or children, even if the husband does not have a job.
Going through a divorce proceeding can be an unsettling and often emotional experience for the parties. Furthermore, one of the most difficult aspects of divorce proceedings is the financial obligations that arise between the parties. Financial rights that arise in divorce proceedings include “alimony” and “child support.” It is vital that you seek advice from an alimony lawyer in Abu Dhabi. It is best to seek professional legal advice early in the proceedings so that the lawyers can advise you on the most strategic course of action.
In the United Arab Emirates, the concept of alimony may include amongst others the cost of accommodation, utilities, transport, other basic amenities such as food, clothing, etc. If matters are governed by Islamic law, a wife is not obliged to pay maintenance to her husband or children. Generally, under Islamic law in the United Arab Emirates, each party also retains the assets and property held in their individual name. However, the UAE also allows expats to apply the law of their home country in matters of alimony and related rights. Expert alimony lawyers in the UAE are best placed to advise you and ensure the best possible protection of your rights. They can also assist parties in reaching settlements that are enforceable in court.
Child Support
Child Support in UAE covers all expenses required to take care of the child and can include amount others expenses towards: Food, education, housing, clothes, extra-curricular activities, medical expenses, maid services, transportation cost etc. For determining these amounts the courts often rely on documentary evidence of the expenses that the father was meeting during the marriage. In addition to the above-said figures, the divorced wife can also claim an additional allowance known as the ‘carer’s allowance’.
The services and expertise of an alimony lawyer in the UAE become indispensable when dealing with the financial considerations of alimony and child support claims in the UAE.