Family laws are the backbone of the entire fabric of society and they address many sensitive matters. UAE understood the need for family matters and handled them with utmost care and due diligence. The UAE family laws are an amalgamation of sharia principles and civil laws. Our lawyers can also explain the family laws
Federal law no 28 of 2005 discusses familial issues and outlines the rules and regulations. UAE is a multicultural society which is home to a large population of expatriates. It is termed as an expatriate-friendly nation and it accounts for their rights and includes them in their own country like UAE nationals. Federal law of 2005 personal status law comprehends the crucial family matters in detail.
Whenever a couple separates or gets divorced, the prime question that arises is about two main issues. Alimony and child custody are the two most contentious issues that require attention and detailing. Alimony refers to the financial support after the divorce.
These two matters do not affect the rights and responsibilities of the spouses. However, when children are involved the topmost priority is given to children. UAE nationals or expatriates both need to under the UAE family laws to better handle the family matters in courts. This will assist them in protecting their legal interests.
Legal Framework Governing Familial Matters
UAE personal status law is applicable to all the residents of UAE. They are applied to everyone irrespective of background, nationality, religion, and culture. However, the expatriates can request the application of their home country’s laws and regulations. For Muslims, Islamic laws are applicable to all family matters. On the other hand, for non-Muslims open option is available. They can easily choose better the UAE family law or the laws of their respective country. However, the court’s discretion plays a very pivotal role. The laws are accepted by UAE courts and documented accordingly.
Recent Modification According to the recent changes in the UAE family laws non-Muslim residents in UAE especially in Abu Dhabi can choose to file for family law according to the civil personal status law. This offers a more modern, secular, and liberal approach towards alimony and child custody.
The concept of Alimony in the UAE
This refers to the financial or monetary support for the spouse by the other. After divorce or separation, monetary support is provided by one spouse to the other. The lawyers expert for alimony cases are called as alimony lawyers. According to the UAE family laws, alimony is mainly under the obligation of a husband. It is up to the husband to provide the food, housing, clothing, shelter, medical care, and education of children.
It includes the basic needs of life but can inculcate other expenses depending upon the lifestyle and requirements. There are different kinds of Alimony. Nafaqah, post-divorce alimony, and child maintenance are the main types of alimony. You can check with our lawyers, in order to grab the latest details, laws or the most recent verdicts of courts.
The concept of Nafaqah refers to the Wife’s Maintenance during Marriage. During the marriage, the husband is responsible for supporting the wife. Here the husband’s ability and financial status are taken into consideration. If a husband fails to meet them, the wife is allowed to file a claim. The claim can be filed with the UAE family courts.
- Secondly, the alimony is made in a Post-Divorce scenario. It refers to the IDDAH Period Support. After the divorce takes place between the husband and wife, the husband is required to support the ex-wife during the IDDAH period. It is usually for 3 to 4 months.
- Thirdly, the alimony is made in the form of Child Maintenance. The father needs to provide continuous financial support to the children.
The financial aid is given to the child until he reaches the age of legal maturity. The guardianship of the child remains with the father while the custody is granted to the mother.
The UAE family courts will evaluate certain factors before deciding on the alimony amount. They will cater to the factors like husband’s income, the standard of living, lifestyle, and other factors.
Step-by-Step Process of filing for alimony in UAE:
The procedure begins with the attempts of mediation, before jumping to the court process. The couple is encouraged to resolve the family matters outside the courtroom.
Therefore, the couples are required to attend the family guidance sessions. They are facilitated by the UAE family courts.
In case, if the reconciliation fails, the case is referred to the UAE family courts. The legal process will commence by submitting the legal claim for alimony in the UAE.
The wife or ex-wife can file a petition for alimony. It is done via personal Status Court. The legal claim must contain the reasoning and justifications for approval.
Both the parties need to present the pieces of evidence in the courtroom. They also need supporting documents such as Marriage and divorce certificates, Proof of income, and details of bank statements. The evidence of negligence is also attached to it if needed.
Following this, the judgment is passed by the court. The UAE family courts will issue the verdicts based on the UAE personal status laws and federal decree laws. They will uphold the basis of fairness, justice, and financial capacity.
Child Custody Cases in the UAE
There is a distinction between Custody and Guardianship. These two are different roles. The custodian is referred to as HADINA. The parent, mostly the mother, takes care of the child’s daily needs and also handles the day-to-day upbringing. Learn more about HADINA with our senior Emirati lawyers in Dubai.
Mainly, the father is the Guardian. It is also referred to as Wali. The parent is responsible for the child’s finances, and education, and also plays a crucial role in decision-making. It is mostly the mothers who are awarded the custody of infants, minors, and young children.
On the contrary, the father maintains the guardianship rights. This ensures that parents continue to play an integral role in their child’s life and welfare. However, after a certain age limit, the father can request child custody in the UAE.
The UAE family courts will account for the best interest and betterment of the child when deciding about child custody cases in the UAE.
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