Spousal alimony in the UAE law - FHS Law Firm

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Spousal alimony in the UAE law

Spousal alimony is considered a debt owed by the man if he refrains from performing it since the date of abstention. The husband is not exempted unless he pays what he owes or if the wife forgives him according to Article 67 of the Personal Status Law.

The judge calculates the alimony according to the husband’s material condition, salary or other property, taking into account his debts and obligations, and it must not be less than the limit of sufficiency to secure what is needed for the supporter according to the alimony economic situation, time and place of.

Article 1515 of the UAE Civil Transactions Law promulgated by Federal Law No. 5 of 1985 AD stipulates that the alimony owed by the debtor to those who must be alimony, has a privilege over all the debtor’s money to the extent that it is due for the last six months

Execution shall be on the husband’s money either:

        By deducting part of his salary in favor of the wife if he has one

        Or by executing some of his money, by selling it in a public auction, and paying. The price for the wife.

        Rather, it is possible in the event that the husband fraudulently evades the payment of alimony. The judge restricts him to imprisonment

        Article 64 of the Personal Status Law deals with the possibility of A change in the financial status of the husband (who is charged with alimony) between ease and hardship.

        Therefore, it is permissible to increase and decrease the maintenance according to the change of circumstances, but it is. It is forbidden to hear the lawsuit in this regard before the elapse of a year since the imposition of alimony in order to prevent maliciousness among the litigants and to achieve justice and for the possibility of disagreement regarding the entry into force of the period.

UAE law divides alimony into:

        Spousal alimony, which the husband owes to his wife.

        The expense of kinship, and the ancestors and the descendants are on each other. according to the case

        The expense of those who do not spend on him, and it is on the state.

Article 71 of the law stipulates five clear cases that necessitate dropping the wife’s alimony if she commits it, and the court has proven it from: The reality of the case papers.

        If she prevents herself from the husband or refuses to move to a house. Legal marriage without a legitimate excuse

        If you leave the marital home without a legitimate excuse

        If you prevent the husband from entering the marital home without a legitimate excuse

        If she refuses to travel with her husband without a legitimate excuse

        If a judgment or decision is issued by the court restricting her freedom in other than right for the husband.

It seems that the cases of Article 71 apply to women who are divorced by a revocable divorce during the waiting period.

Does the wife have financial rights after the divorce? And how do you fall?

The wife’s financial rights after the divorce:

        The right to dowry.

If the divorce took place and the wife had not received the remainder of her dowry, whether it was deferred or expedited, she is entitled to it in full after the divorce.

        The right to maintenance for the waiting period.

The most important effect of divorce according to the provisions of Islamic Sharia and the UAE Personal Status Law is the waiting period, and the waiting period for a divorced woman is usually three readings or three months, depending on the situation.

Or by giving birth, if she was pregnant either, then he was the closest, and the wife during the waiting period, whether she was in the waiting period of a revocable or irrevocable divorce, deserves alimony for the waiting period.

        The right to have fun.

Mut’ah here is an amount of money that the husband pays to his divorced wife, as stipulated in Article 140 of the UAE Personal Status Law, according to the following conditions:

        The amount of pleasure is different from the expense of the waiting period, and has nothing to do with it.

        The divorce must be the result of a valid marriage

        There must be an entry.

        Divorce must take place at the sole will of the husband without a request from the wife.

        The amount of pleasure should not exceed a year’s expense for the likes of it.

The judge determines the amount of alimony for pleasure according to what he deems appropriate and according to the specificity of each case.The judge can divide the amount of mut’ah according to the husband’s situation of hardship or ease.

There are cases where the alimony of the divorced wife is waived:

        In the event of the death of a divorced wife, her maintenance is forfeited, and it is not possible. bequeath this alimony

        The death of the husband, and here if it was in the waiting period of a revocable divorce, it moved to the death waiting period without taking into account the previous period, and if the divorce was irrevocable, the divorce waiting period was completed without moving to the death waiting period.

        Alimony performance by the husband or by any other person

        The wife releases her husband from maintenance, and this often happens in consensual divorce

        The cases provided for in the previous Article 71, if she is • in the waiting period for a revocable divorce, and her waiting period is spent in the marital home.

Law and Sharia have honored the woman and taken into account what she suffers after the divorce, especially if she is without work. It also granted her the right to spend on her husband while she is still his wife, and the courts are full of alimony cases, so the man must judge his conscience in his dealings with the wife, whether before or after the divorce.

For inquiries and legal advice, do not hesitate to contact the best lawyers in Abu Dhabi and Abu Dhabi. We have gathered a group of legal advisors and lawyers to assist you in all your legal affairs.

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