A wife non-residing in the UAE may file alimony case against a husband residing in the UAE from abroad. However this process necessitates consulting with a lawyer and preparing all the necessary documents that bolster her position, along with certain authorizations. This article acquaints you with all the pertinent matters in this regard.
The Value of Divorce Alimony under the UAE Personal Status Affairs Law
Similar to laws in other Arab countries concerning personal status, the UAE Personal Status Affairs Law considers the provisions of Islamic Sharia, which protects and honors women, safeguards children, and focuses on the dignified life of individuals in general. Based on these principles, the law grants wives rights post-divorce, which are tied to the type of divorce—a subject we have extensively covered in a previous article.
As a reminder, divorce can be revocable or irrevocable, with the alimony amount varying in each case. Generally, the provisions for a divorced woman’s alimony can be identified in one of two legal texts within the personal status laws: the first text from Article (69) and the second from Article (140). Alimony is defined as (the financial support paid by the husband to the wife following the divorce to cover her basic needs, including food, drink, clothing, education, and various health matters).
Factors Determining the Value of Alimony
- The husband’s financial income.
- The number of children.
- The living situation of the spouses.
It can be said that the range of alimony for a divorced woman varies from AED 700 to AED 5000. The types of alimony include:
- Interim alimony paid during the waiting period (iddah), which lasts three months from the occurrence of the divorce.
- Consolation alimony (mut’ah), which is paid to the wife as compensation for the harm caused by the divorce.
- Child custody maintenance, discussed previously in an article on children’s rights post-divorce; and lastly, nursing maintenance, applicable when the woman has a nursing baby and continues for a year after childbirth.
According to the type of divorce, Article (69) of the UAE Personal Status Law in its first clause specifies the following:
A woman in her waiting period (iddah) from a revocable divorce and a woman in her waiting period from an irrevocable divorce are entitled to financial alimony and housing (if pregnant). Financial alimony for a woman in her waiting period from an irrevocable divorce ceases if she is not pregnant. Read more: Divorce of a Pregnant Wife in UAE: Rights and Laws.
Article (140) of the aforementioned law discusses consolation maintenance (mut’ah), which is distinct from the previous type of maintenance but requires several conditions for eligibility. The conditions for a divorced woman to obtain consolation maintenance include:
- The divorce must be initiated by the husband without a request from the wife.
- The marriage must have a valid contract.
- The divorce occurs after consummation.
- The divorce results in financial or psychological harm to the wife, which she must prove.
Procedures for Claiming Alimony From a Husband Residing in UAE
Among many cases, divorced wives from foreign husbands residing in the UAE inquire about the legal proceedings that lead to fruitful outcomes. Article 5 of the same law addresses this question, stating that “the UAE courts have jurisdiction over personal status lawsuits filed against citizens or foreigners who have a domicile, employment, or residency in the country.” Therefore, a divorced woman can sue her ex-husband residing in the UAE to claim her right to alimony. To do this, she must undertake several procedures:
- Appoint a lawyer specialized in UAE law after obtaining a power of attorney from the country of her residence.
- Attach all necessary documents (including the marriage certificate and children’s expenses).
- Get the power of attorney authenticated by the foreign ministry of the country of her residence.
- Then, have the power of attorney authenticated by her country’s embassy in the UAE.
- authenticate the power of attorney at the UAE Ministry of Foreign Affairs.
The documents submitted must comply with the UAE Personal Status Law, especially regarding “proving the marriage” and “proving the children’s expenses.” The lawyer will then consider the husband’s income and calculate the maintenance based on it, as previously mentioned, and also based on the number of children, taking into account the maintenance amount in the country of the wife’s residence. It is noteworthy that electronic applications provided by the Ministry of Justice can be used in this regard.
Why Legal Consultation is Essential in Divorce Alimony Cases
Initiating a alimony lawsuit against a resident expatriate necessitates appointing a lawyer specialized in the matter, as per a mandate issued from the country where the wife resides. Hence, securing a lawyer stands as the initial and crucial step towards claiming one’s rights. The lawyer facilitates numerous procedures for his client, including attaching necessary documents to substantiate the claim, such as the marriage contract and children’s expenses. The wife or her representative (the lawyer) follows up on the authentication of the power of attorney from the foreign ministry of her residing country, its embassy, and the UAE Ministry of Foreign Affairs for court acceptance. The lawyer then gathers information about the husband’s income and living standard to assess his ex-wife’s financial entitlements, considering the cost of living in her country.
Besides the legal requirement of having a specialized lawyer, choosing the right individual to handle the case is crucial. A lawyer’s legal acumen may grasp certain aspects that laypersons are unaware of.
In conclusion, financial matters are extremely sensitive, especially since they cover an individual’s needs in difficult circumstances. A woman, who once enjoyed stability, may find her financial situation jeopardized due to divorce, especially when responsible for children. It’s her right to be informed and to claim her entitlements, which is why we have shared crucial legal information regarding maintenance, particularly if the ex-husband resides in the UAE and a lawsuit is to be filed from abroad. The law remains the pillar for the underprivileged, offering them a means to secure their legitimate rights, especially in countries still committed to upholding human dignity!
We always strive to provide legal information of interest to keep you well-informed about your rights and responsibilities.