Breakage of a marriage legally often allows you to escape from emotional tearing asunder. Generally divorce is a painful process for all concerned. For many people it takes time to regain psychological equilibrium. Many of the couples also claim for compensation for children’s maintenance and support. However, different jurisdictions have different solutions to the issue.
The Dubai Courts have three facets: civil, criminal and Sharia courts. These three facets are further divided into separate courts. The Sharia courts deal with personal status matters such as marriage, children custody, maintenance, guardianship, divorce and inheritance claims. On the other hand, civil courts deal with civil and commercial issues and contractual matters and the criminal court deal with criminal matters.
If you are planning to claim for ancillary relief on divorce and compensation type payment to the wife, you should know the fact that that there are no such laws in Dubai. Best divorce lawyer Dubai can acknowledge you with options available for a financial claim following divorce would thus follows:
Child Custody and Maintenance
As per article 78, 148 and 155 in the Sharia law, a mother would have custody of children on divorce until the boy is 11, and the girl in 13 years old. After that the custody could be given back to the father, if he applies for it.
Child maintenance includes all financial costs that the mother would need for a child. Even though mother is capable in maintaining her child’s need, this would be still be payable by the father.
Depending on the father’s income, the court enforces child maintenance orders, for examples attachment of earnings, seizure of goods, investigation of back accounts etc. No matter whether the mother or father has custody of a child, it is not possible for a father to claim for child maintenance from mother. However, the father remains as the legal guardian of a child under UAE.
Wife Rights
As far as wife rights are concerned, the compensation called Nafket Motaa can be claimed. Professional divorce lawyers in Dubai helps you to the claim equates to approximately 25% of the husband’s yearly income. The wife also has the right to claim compensation for the husband not supporting during the last year of the marriage and this would also equate 25% of the husband’s yearly income.
Division of Assets
As far as division of assets is concerned, each party can claim for a share on jointly owned assets. If there is lack of evidence of the contractual property, the court would order sale and divide the property equally.
Hence it’s seen that the UAE laws are clear about compensation amounts upon the dissolution of the marriage.
