Custody of Children and Lawyers

Even if he has custody of the children, a husband cannot make an income claim against his wife under UAE law. Regardless of her personal status or income, a wife can make financial claims for herself and her children.

When a marriage ends, what powers does the court have to distribute financial resources and property? There are certain laws and regulations which can be guided by law firms in Dubai to make you understand the UAE laws.

 

Unless a separated spouse makes an application to the court, the court will not automatically evaluate their financial situation. A financial application can only be made by the receiving party, not the providing party unless the parties are Muslim and have a marriage contract in place that they want to enforce. This means that a spouse who divorces his wife in the UAE (whether expatriate or local) cannot compel her to accept a settlement.

 

Capital

There are no family laws in the UAE that deal with property distribution in the event of a divorce. After a divorce, each person keeps the assets and property that are registered in their names. General civil laws apply to the partition of jointly owned property. A court order for the sale of a jointly owned property or for the other party to buy out their portion may be sought by one party.

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The assumption is that jointly owned property is held in equal shares by the parties. If one party can convince the court that they put more money into the property in terms of the purchase price or mortgage payments, they may be permitted to keep a bigger percentage of the equity.

 

It is vital to note that the UAE court only has jurisdiction over property that is owned within the UAE, not property that is owned outside of the UAE. The same will be done with any other jointly owned bank accounts or assets.

 

Finances and Upkeep

After a marriage has broken down, explain how maintenance works for the spouses on an ongoing basis.

Children's Support  

What is the basis for calculating child maintenance in your jurisdiction?

 

To Establish the proper level of child maintenance, the court will evaluate the children's standard of living throughout the marriage. Child support will cover all expenses incurred by the wife in caring for the child, such as rent, schooling, and medical expenses.

If the wife is claiming child support, she must present verifiable evidence of the expenses her husband paid for the children throughout the marriage. The wife can also claim a monthly amount as a 'carer's allowance,' which is based on the husband's salary level.

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