After divorce, a wife in the United Arab Emirates, can claim certain rights and entitlements from her husband. These rights are governed by the UAE’s laws on marital rights and divorce. Here are some of the rights that a woman can exercise after divorce.
Alimony:
A wife can claim financial support from her husband, known as alimony. This includes expenses for housing, food, medical services, and other essential needs. The amount of alimony is determined based on the husband’s income.
Child Support:
If the spouses have children, the wife can claim child support to cover the expenses required to raise the child. The father is responsible for providing financial support for the children at all times
Reimbursement of Expenses:
The wife can claim reimbursement of backdated expenses that were due but not paid by the husband for the past three years.
Temporary Financial Support:
If the Divorce case is still pending and not finalized, the judge may order the husband to pay a temporary amount to the wife during the proceedings. Search here Legal Consultants for legal counselling on Family Cases.
Compensation for Unilateral Divorce:
If the husband unilaterally divorces his wife without her request, the wife is entitled to claim compensation of up to one year’s amount.
Alimony after Divorce:
Under the new law, a woman can also claim alimony through a post-divorce application once the divorce judgment has been issued. The court will consider various factors such as the duration of the marriage, the age of the wife, the financial conditions of the spouses, and any financial or moral damage to either party.
Properties/Assets after Divorce:
Regarding the division of properties after divorce, there is no specific law in the UAE for property allocation. Typically, the spouses would reach an agreement on the division of properties.
Sharia Law for Muslims:
However, if both spouses are Muslims living in the UAE, the Personal Status Law of 2005 will govern the divorce and subsequent claims. If the marriage was concluded outside the UAE, the laws of that country will govern the case. They will adhere to the laws outside UAE for the financial and personal impacts of the divorce.
A wife is allowed to exclusively handle assets solely under her name after divorce. According to Article 62(1) of the Personal Status Law of 2005. A wife who has reached the age of full capacity can dispose of her property without the husband’s consent. The husband, on the other hand, cannot dispose of the wife’s property without her consent.
In the case of jointly owned properties, the general rule is that the title controls the assets. However, under certain circumstances, if one spouse has participated in the development or construction of a property, they may claim their share in it upon divorce or death.
The UAE Courts can only decide on properties located within the country. Properties located outside the UAE fall under the jurisdiction of the respective country’s laws.
It’s important to note that specific legal advice should be sought in each case, as divorce and marital rights can be complex.
For this, the divorce or family attorney is the best option. They are well-versed and knowledgeable about the pertaining family laws and regulations in UAE. They have the expertise and also have plenty of experience.
