Some of the most important aspects are child support and alimony for the wife and the children. The law about this defines legal considerations. Federal Law of 2005 is allocated to resolve the matter. This law is also known as the Personal Status Law. It is designed to address the post-divorce issues that may arise. Besides, it also outlines the rights and responsibilities of both parties involved in the divorce. Lawyers in United Arab Emirates hired by Emirati Law Firms, are the best service providers for such matters, cases and personal disputes.
Post – Divorce Legal Issues
Here we have presented a simplified guide to post-divorce legal issues concerning wife and children. He will also discuss the legal provisions related to alimony for the wife and children post-divorce. Further, it also explains the law prevailing in the UAE regarding alimony and child support after divorce.
Alimony
The alimony for the wife is defined under the law.As per the law, the husband is legally obliged to support his wife along with his children. He needs to provide proper maintenance to the children and his wife. The maintenance specifically covers all the essential needs of a human being. It include food, shelter, clothing, medical care, and other necessities including a servant for the family if needed.
Maintenance Amount
Furthermore, the maintenance amount or the figure is adequately determined considering the crucial factors. Some of the important considerations are based on the husband’s financial capacity, earnings, the dependent’s health, economic conditions, and others. In case, the husband unilaterally divorces his wife, the wife is entitled to an added compensation from the husband. If a husband legally consummated the marriage without the wife’s request or willingness, the woman is entitled to get the additional money.
Compensation
The compensation is purely based on some significant factors including the husband’s financial situation. It also accounts for the other factors. It is an additional amount regarding the alimony during the waiting period.
Courts can also consider the financial status of husband, It may account for the potential to pay the installment payments which can be based on solvency or other complicated factors.
Nevertheless, the suffering of the party who doesn’t desire the divorce is taken into consideration. This factor is also accounted for when determining the amount.
Alimony of Wife during IDDAH
Alimony of the Wife during IDDAH is also explained in the Personal Status law of UAE. In case of a reversible divorce, the divorced woman is entitled to protection. Additionally, she is also entitled to receive the alimony during the IDDAH period. The IDDAH period is also called the waiting time.
Furthermore, the alimony during iddah also covers the basic expenses. It may include shelter, housing, clothing, food, health or medical care, and so forth. On the flip side, in the case of a non-retractable divorce, alimony is provided to a divorced woman who is pregnant. If the woman is not pregnant then she is provided with only sheltering or housing by the husband.
- Here it is important to note that a widowed woman is allowed to reside in the marital home. She is permitted to stay during her iddah period. The time duration is approximately ten days and four months according to the local law of UAE. In this period no alimony is provided to the wife. The judge’s discretion is exercised here under such a scenario. It will help in determining the alimony amount.
- The judge in the court will be considering the debtor’s possibilities along with some other factors. It will account for the beneficiary’s circumstances and economic condition. Alimony related to the children is also described in detail in the family law of UAE.
There is an alimony eligibility criterion that needs to be fulfilled to receive alimony for children. As per the law of UAE, one needs to stipulate that a father must pay alimony.
The young child is provided with finances until he settles or marries or is in a position to provide self-support to him. Moreover, the alimony is payable to an elder child as well with some special needs. It may include children with a disability, special needs, or financial inability to support them shortly.
Child Suckling
The Child’s Suckling Expenditures are also included in the UAE law. Alimony qualifies for the suckling child under some essential considerations.
In case, the mother is unable to nourish the child for any reason then this is deemed as alimony. Even when the mother is the incubator, the father must provide the following expenses.
It may cover various expenses including shelter, food, clothing, medical care, schooling fees, custody salaries, and other expenses. The judge of the UAE has the exclusive authority to determine the amount of alimony.
Resolving financial concerns related to alimony and child support is essential. It does require the expertise, skills, and experience of a qualified family lawyer in the UAE. They are capable of providing legal support and legal assistance to the couple and their children.
Here it is important to understand the concept of alimony and child support laws in the UAE. It is crucial for those who are going through a divorce. A family attorney in the UAE gives the much-needed support.
They also consider the well-being and betterment of all the parties involved, especially the children. Family Lawyers in the UAE can be instrumental in ensuring your case is effectively presented in the family courts. This will give the individual a better chance for a favourable result.
