family law

|

October 27, 2013

|

4487 views


| Your comment matters, please click here to rate article!



What powers does the court have to allocate financial resources and property on the breakdown of marriage?

The court will not automatically consider the financial position of a separating couple unless an application is made to the court. Unless the parties are Muslim and a marriage contract is in place which they seek to enforce, a financial application can only be made by the receiving party, not the giving party. This means that a husband who divorces his wife in the UAE (expatriate or local) cannot enforce a settlement on her in this jurisdiction.

Capital: There are no family laws in the UAE that deal with the allocation of property on the breakdown of marriage. On divorce, each party retains the assets and property held in their respective names. The division of jointly owned property is dealt with under general civil laws. One party may apply to the court for an order for sale of a jointly owned property, or for the other party to buy out their share. The starting point is the assumption that parties hold jointly owned property in equal shares. If one party is able to show the court that they made a greater financial contribution towards the property in terms of purchase price or mortgage payments, they may retain a larger share of capital. It is important to note that the UAE court only have jurisdiction over property owned within the UAE, not abroad. Other jointly owned bank accounts or other assets will be dealt with in the same way.

Finances/ Maintenance

Explain the operation of maintenance for spouses on an ongoing basis after the break down of marriage

Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children. A wife may make financial claims for herself and her children irrespective of her own wealth and income.

The wife’s claims for herself are compensation type claims, as follows:


1. The first of these is called ‘Nafket motaa’. This claim is for a year’s worth of expenses to cover the wife’s ‘moral damage’ that she may suffer as a result of her husband divorcing her against her will. The claim could amount to as much as 40% of a husband’s income for one year, but is usually 25%.

2. The second is for the wife to claim compensation from her husband, for not supporting her during the last year of her marriage.

3. Thirdly, is the ‘Nafket Eda’. This is the financial claim that a wife could make from her husband to support her financially during the waiting period.

Child Maintenance

On what basis is child maintenance calculated within the jurisdiction?

The court will consider the standard of living that the children experienced during the marriage to determine the appropriate level of child maintenance. Child maintenance will cover all expenses required by the wife to care for the child e.g. rent of housing, schooling, medical expenses etc. The wife claiming child maintenance would be required to provide documentary evidence of the expenses that her husband met for the children during the marriage. The wife can also claim a monthly figure as a ‘carer’s allowance’, this figure depends on the level of the husband’s income.

Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.

Disclaimer: There have been recent changes/amendments in the provisions of the UAE Family Law covered in the content on this website. The views and opinions in the articles are contemporaneous with the time of its publication only and do not necessarily address any matters after the recent amendments of the law or supreme court decisions issued after the date of this publication. The content of this website contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this website. Each legal issue depends on its individual facts and different matters have different laws and regulations. We may make changes to the features, functionality or content of the website at any time.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Select your Language:

        

Main Menu