Overview of UAE Family Law
The rights and obligations of a married person are provided under the UAE family law. The family law in the UAE comprises of three laws, namely:
- Federal Decree Law No. 41 of 2024 – governing Muslims in the UAE across the seven emirates,
- Federal Decree Law No. 41 of 2022 – governing non-Muslims in the UAE, except in the emirate of Abu Dhabi, and
- Abu Dhabi Law No. 14 of 2021 – governing non-Muslims in the emirate of Abu Dhabi.
Rights and Obligations After Marriage under the Muslim Personal Status Law
Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status is primarily based on Shariah principles. As per Article 99 of the law, the husband is required to provide maintenance for his wife, even if the wife has an income, in accordance with a valid marriage contract, provided that she fulfills her obligations towards the husband. This obligation or debt towards the maintenance of the wife is not extinguished, except by payment or forgiveness of the debt by the wife. Nevertheless, a claim for spousal maintenance is limited to a period of two years from the date of filing the claim.
What Does Maintenance Cover?
As per Article 95 of the law, maintenance includes necessities and basic expenses with regard to food, clothing, housing, medical treatment, and education in accordance with customs. Article 96 further states that when estimating the maintenance amount, the following factors will be taken into consideration:
Factors Determining Maintenance
- The financial capacity of the spender,
- The condition of the receiver, and
- The economic situation at the time and place.
The law also states that the maintenance may be provided in cash or kind. Thus, one may provide the use of money, whether in kind or benefits, instead of providing maintenance exclusively in the form of cash payments.
Privileged Debt
As per Article 98 of Federal Decree Law No. 41 of 2024, the payment of continuous alimony will be considered a privileged debt. Thus, if the husband is undergoing financial difficulties or insolvency, his obligation to pay continuous alimony will be considered as a privileged debt, giving it precedence over other debts that he is required to pay. However, payment of past alimony or backdated expenses will be considered as equal to other debts.
Obligations of the Wife
The spousal maintenance under Article 95 is only obligatory on the husband if the wife fulfils her obligations. These obligations on the wife are provided under Article 103, which states that the wife’s right to alimony is extinguished if she denies herself to her husband, refrains from moving to the marital home, declines to reside in it, or refuses to travel with her husband without a legitimate excuse.
Consequences of Abandoning the Wife and Children Financially or Physically
If a husband ceases to provide for his family or completely abandons them, the wife and the children may seek the following remedies:
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Requesting the Court for Spousal Maintenance
A wife may request the court to order the husband to provide spousal maintenance covering her necessities as per Articles 95 and 96 of Federal Decree Law No. 41 of 2024. The wife may also request the court for an order on backdated expenses for a period of up to two years.
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Requesting the Court for Maintenance of Children
A request for the maintenance of the children may also be made to the court as per Articles 95, 96, and 106 of Federal Decree Law No. 41 of 2024. As per Article 111, backdated expenses toward the children may be made for a period of up to one year.
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Divorce for Failure to Provide for the Wife
Under Article 77, if a husband refrains from providing for his wife, or it is impossible to collect the maintenance from him, the wife may approach the court, and the court will grant the husband 30 days to pay the maintenance. If he refuses to pay without presenting an acceptable excuse, the court will impose divorce on the husband. If the husband proves that he is insolvent, the court will grant him up to 90 days. If he still refuses to pay after the expiry of that period, the judge will impose divorce on him. If the case for non-support is filed more than twice and the court finds in each case that there has been no support, and the wife requests a divorce for non-support, the judge will divorce her from him irrevocably.
After a divorce, the husband continues to be responsible for providing for his children.
Spousal Maintenance under the Civil Personal Status Law
The Civil Personal Status Law is based on international family law best practices. Thus, under Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021, the principle of “Equality between Men and Women” is highlighted under Article 4 and Article 16 respectively. Consequently, matters such as inheritance, right to request divorce, and joint custody of children are judged based on this principle. However, the matter of spousal maintenance is not directly addressed under this law.
Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 clearly state that if certain matters are not covered under these laws, provisions of Federal Decree Law No. 41 of 2024 will apply. Thus, the court may rely on the provisions regarding spousal maintenance under Federal Decree Law No. 41 of 2024. Moreover, international best practices regarding family law show that the court will prioritize the unity of the spouses and the maintenance of the marital relationship while adjudicating a case. In any case, the UAE court will pass a judgment after taking into consideration the facts of the case and the circumstances of the parties involved.
Reference:
- https://www.professionallawyer.me/legal-articles/family-law/joint-custody-of-children-after-divorce-in-the-uae-law
