Guide to Divorce Over Failure to Provide Maintenance in the UAE

If a husband fails to fulfill his obligation to provide financial maintenance to his wife, she has the legal right to file for Divorce Over Failure to Provide Maintenance. This right is protected under UAE law, as maintenance is a fundamental right granted to the wife to ensure a dignified life.

This article will cover everything you need to know about filing for Divorce Over Failure to Provide Maintenance under UAE laws.

What is Divorce Over Failure to Provide Maintenance in UAE ?

Divorce Over Failure to Provide Maintenance is a legal action initiated by the wife against her husband for failing to fulfill his financial obligations towards her and their children.

This is outlined in the following provisions of the UAE Personal Status Law:

• Article 66: “Maintenance is obligatory for the wife upon her husband through a valid contract if she surrenders herself to him, even by judgment.”
• Article 117: “Either spouse may request a divorce due to harm that makes marital life intolerable.”

also you ca read about:

• Guide to Harm-Based Divorce for Husbands in the UAE
• Divorce Due to Impotence in the UAE – Legal Guide

Conditions for Filing Divorce Over Failure to Provide Maintenance

Filing for Divorce Over Failure to Provide Maintenance requires meeting both substantive and procedural conditions:

Substantive Conditions

1. Proof that the husband has ceased providing maintenance without a legitimate excuse.
2. The husband’s inability to provide maintenance on a consistent basis.
3. Evidence that the wife cannot continue the marital relationship due to the lack of maintenance.
4. The wife must not be in a state of disobedience (Nushooz).

Procedural Conditions

1. Filing the case with the relevant court.
2. Submitting required documents, such as a notarized marriage contract and evidence of non-maintenance.
3. Serving legal notice to the husband, and if absent, the case may proceed in his absence.

Steps to File for Divorce Over Failure to Provide Maintenance

At our firm, we provide comprehensive legal support for every stage of your case. Here’s an outline of the steps:

1. Open a File with the Family Guidance Division

• • The first step is opening a file with the Family Guidance Division.
  • The committee will attempt to mediate and reconcile the couple.
  • If reconciliation fails, the committee issues a certificate of non-reconciliation, which is necessary for filing the case in court.

2. Referral to the Personal Status Court

• • • If reconciliation fails, the case is referred to the Personal Status Court in the relevant emirate.

3. Prepare the Required Documents

• • • • Marriage contract (notarized by a Notary in Dubai).
      • Identification documents such as Emirates ID and passport.
      • Evidence of non-maintenance, including:
        • A prior court judgment for maintenance that the husband failed to fulfill.
        • Witness testimony.
        • Legal complaints or correspondence showing the husband’s refusal to provide maintenance.
        • A certificate of non-reconciliation from the Family Guidance Division.

4. Notify the Husband of the Case

1. • The court serves a legal notice to the husband regarding the hearing date.
   • If the husband cannot be located, notification may be made through public announcements such as newspaper ads.
2. Attend Court Hearings
   • The wife presents her complaint and supporting evidence.
   • The husband may present his defense if he attends.
   • If the husband fails to provide a legitimate excuse for non-maintenance, the court may grant the divorce.

5. Issuance of Judgment

1. • If the wife meets all legal conditions, the court issues a divorce judgment.
   • Either party can appeal the ruling within the legally prescribed timeframe.
2. Enforcement of Judgment
   • Once the judgment is finalized, the divorce is formally documented.
   • The wife can obtain an official divorce certificate from the court.

Read more: Reasons for rejecting harm-based divorce cases in the UAE

Costs of Filing for Divorce Over Failure to Provide Maintenance in UAE

The costs of filing for Divorce Over Failure to Provide Maintenance in the UAE include:

1. Court fees.
2. Document preparation and translation fees.
3. Legal fees, which vary based on the complexity of the case.
4. Expert report fees, if applicable.

Key Legal Tips

1. Seek Professional Legal Advice
   Consult a lawyer specializing in family law to ensure your case is handled effectively.
2. Gather Strong Evidence
   Collect all necessary documents and evidence to support your claim.
3. Follow Legal Procedures Carefully
   Adhere to all legal and procedural requirements to avoid case rejection.

Furthermore, you can find details about the rights of the wife by reading a case study on Rights of the Wife After Divorce in UAE.

Frequently Asked Questions

What are the legal requirements to file for divorce over failure to provide maintenance?

1. Proof of continuous non-maintenance.
2. Evidence of harm caused by the lack of maintenance.
3. Demonstration of the necessity for maintenance.

Can a divorce judgment for failure to provide maintenance be appealed?

Yes, either party can appeal the judgment according to UAE law.

Read more: Comprehensive Guide to Divorce in UAE for Expats

Expert Legal Support for Divorce Over Failure to Provide Maintenance

If you are facing challenges in your marital life and wish to file for Divorce Over Failure to Provide Maintenance, our experienced legal team is here to help. We provide personalized legal support, from consultation to representation in court, ensuring the best outcomes for your case.

Contact us today through WhatsApp or our contact page for professional assistance.

Sources:

• UAE Personal Status Law (Federal Law No. 28 of 2005)
• Family Guidance Division Procedures