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November 24, 2016|
Question: As a wife, do I have the right to send a letter to the company where my husband works to demand financial support? My husband left me more than three months ago and has switched off his mobile phones and has been avoiding me and our son. Can I file a case against him in the family courts?
Answer: No, you do not have the right to send demand letters to your husband's company, all financial rights and claims must be against your husband. You do have the right to claim divorce though, based on the ground that he has not been supporting you and your son financially, as per Article 124 of Federal Law No 28 of 2005, the Personal Status Law. You have the right to claim compensation, or nafakkit muttaa, from him, under Article 140. You could also claim other financial rights such as any unpaid dowry, waiting period (Iddat) expenses, unpaid financial support backdated 36 months (if he did not cover previous expenses). In addition to the above, if your child is still under custody age (13 for a girl and 11 for a boy) you would be entitled to keep custody of him and your husband would need to provide financial support for his upbringing. Even if your husband does not have much money, the court in most cases would force him to pay the minimum amount. You would need to be in the UAE to file your case.
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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