Divorce in UAE is a difficult and emotional process for anyone, but it can be even more complicated for women in Dubai. This is because the legal system in Dubai is based on Islamic law, which has specific rules and regulations regarding divorce and remarriage. In this article, we will explore the rights and options available to divorced women in Dubai when it comes to remarriage.
The first thing to understand is that in Dubai, marriage is considered a contract between two parties. This means that both the husband and wife must agree to the terms of the marriage and have the legal capacity to enter into a marriage contract. When a couple decides to divorce, the process is initiated by one party filing for divorce with the court. The court will then review the case and make a decision based on the evidence presented.
Monetary Options available as per Child Support law in UAE
- Financial Support: The wife is entitled to financial support from her ex-husband during the period of iddah (waiting period) and for a specific period of time after the divorce.
- Child Custody: The wife has the right to custody of her children until they reach a certain age, usually around 7-9 years old for boys and 9-11 years old for girls.
- Property Rights: The wife has the right to a fair and equitable distribution of any property acquired during the marriage.
- Alimony: The wife has the right to alimony payments for a specified period of time after the divorce, as determined by the court.
- Education: The wife has the right to continue her education and training after the divorce, and her ex-husband is responsible for providing financial support for her education.
- Health Care: The wife has the right to access health care services, and her ex-husband is responsible for providing financial support for her medical expenses.
- Residence: The wife has the right to reside in the family home during the period of iddah and until the court makes a decision on property rights.
It is important to note that these rights may vary depending on the laws of the specific emirate in UAE and the specific circumstances of the divorce. It is recommended to consult with a lawyer to understand your rights and options.
After a divorce in UAE, it is the father’s responsibility to provide for the maintenance of his child. This includes ensuring that the child’s basic needs are met, such as food, clothing, and shelter. While the father may not be required to transfer any capital to the child, he must still provide for the child’s maintenance. However, the father may choose to transfer capital to his minor child or children, but the courts will still have a structured child maintenance payment in place to ensure that the child’s needs are met.
How is child support in UAE calculated after divorce ?
After a divorce, the father is responsible for supporting the children and maintaining a standard of living similar to what they were accustomed to during the marriage. This includes covering all expenses necessary for the child’s care, such as food, clothing, and education. The amount of child support in UAE is determined based on the father’s wealth and is usually limited to 30% of his income, if he can afford it.
What is the duration of Child Support order (up to the age of 18 years or otherwise)?
The father is responsible for providing maintenance for his sons until they complete their education and for his daughters until they marry.
Are children able to make direct claims against their parents?
In the United Arab Emirates, a child has the right to make a claim for their education costs against their father as part of their child support. This is because child support in UAE is expected to be paid until the child has completed their education, which includes covering the costs of schooling, books, and other educational expenses. This means that the father is responsible for ensuring that the child has the necessary resources to succeed in their education, and that the child does not suffer financially due to the divorce. The child support payments are usually assessed and determined according to the father’s wealth and are usually limited to 30% of his income, provided that the father can afford it.
What is UAE’s legal stance on the implementation of Reciprocation of financial orders in the UAE between the parties involved?
There are treaty arrangements within the Gulf Cooperation Council and other states, under which judgments of these countries are recognised and enforced in family and personal status matters. However, the rule of enforcement of foreign judgments according to the civil procedures law is applied by the family courts. Foreign judgments are respected and enforced when they are final and binding, unless those judgments are rendered in conflict with public order.
The UAE is not a signatory to the Reciprocal Enforcement of Maintenance Orders (REMO); however, foreign financial orders can be enforced within the UAE subject to certain conditions (see below). The Civil Procedure Code provides a mechanism for the enforcement of foreign judgments provided a number of conditions are satisfied (Article 235, Civil Procedure Code). Foreign judgment must be final and irrevocable with no right of appeal.
All of the documents submitted to the court in the case must be translated into Arabic and notarized by the relevant authorities. The Dubai court can enforce foreign orders if it lacks jurisdiction to hear the case (Article 235, Civil Procedure Code). The order must be final, issued by a competent court with both parties taking part in the litigation and must not be in conflict with local laws, public order (Sharia) or morals.
Enforcement of foreign judgments in the UAE has been quite difficult, especially in the area of family law. The reason is that most of the foreign judgments are found to be in conflict with Sharia law, which is rendered public order, and this is the reason many attempts to enforce such judgments fail. A foreign court order can be enforced with the consent of the parties. This process relies heavily on the co-operation and compliance of the two parties.
Mirror orders and undertakings can be attested before the UAE courts and can take effect if they are not contrary to Sharia law. There is nothing equivalent to a “mirror procedure” where a mirror order can be automatically obtained in a local UAE court. However, it is possible for foreign parties to submit an agreement to the UAE court that can be attested by the court. Therefore, the agreement will be locally enforceable as a judgment of the UAE court. The agreement can comprise the provisions of a foreign court order.
The legal system in UAE is based on Islamic law, which has specific rules and regulations regarding divorce and remarriage. Child support is considered a fundamental right in the UAE and the courts are responsible for ensuring that the rights of children are protected. The courts will take into account the best interest of the child when making decisions on child support and other related matters.
In conclusion, child support is a legal obligation of the parents to provide for the financial needs of their children after divorce in the UAE. The father is typically responsible for providing child support, but in some cases, the mother may also be required to contribute. The amount of child support is determined based on the father’s wealth and the best interest of the child. The courts will ensure that the rights of children are protected and the child’s needs are met.
