Family Laws are complex and thus, there is a need for a well-learned and well-versed Family Lawyer to take care of family matters. Family Law regulates disputes and conflicts over family members. There are several provisions pertaining to marriage, divorce, child custody, guardianship, and the list goes on. In the United Arab Emirates, there are separate laws for various family matters. These laws are for Muslims and Non-Muslims 1 rule cannot address all family matters. Moreover, in some states, there are separate laws and regulations for Muslims and non-Muslims. Federal law # 28 on personal status law governs such crucial matters.
In Abu Dhabi, the rules for Non-Muslims vary from the other parts of UAE. Abu Dhabi Law No 14 is applied over matters related to family matters for non-Muslims. However, the laws remain the same for Muslims. They are governed under Personal status law.
Does family law define what comes under Alimony? Alimony caters to clothing, shelter, food, medical care, and so forth. To determine the figure of the alimony, some crucial factors are taken into consideration. A few of the important factors include the financial ability of the husband, the situation of the wife, and others.
If a husband has not offered financial support to his wife in marriage, the wife has the right to claim the expenses. She can claim the expenses from the date of refusal. The party needs to prove in court that the husband has denied financial assistance in the past. Moreover, under article 67 of the personal status law, the claim in the past is for 3 years. NAFAQAH or NAFKAH is also called as Debt. It is termed as the debt upon the husband under article 67 of the Personal Status Law.
Alimony needs to be paid or discharged by agreement. Any claim within the last three years will be heard by the court. On the other hand, the wife has the full right to file for the case concerning maintenance. He can seek financial support from the husband for her or children via court. Without filing for divorce, he can still seek financial assistance from his husband. On the contrary, the husband cannot do the same. He cannot claim the maintenance from his wife. The only possibility is when the two parties jointly own the assets.
The wife is free to file for divorce if it is impossible to survive together. Due to a lack of financial support, the two can seek divorcé on the grounds of divorce due to damage. Any spouse seeking divorce needs to prove the lack of financial support from the husband. The court needs to prove it. The divorce is given only if the claims are proven right. Besides, if the claims are rejected by the court, the lawsuit won’t proceed anymore. If the husband is unable to pay alimony within the prescribed time, still the wife can ask for a separation. If the husband is insolvent to pay off the alimony, the court may grant an immediate divorce to the couple.
If there is evidence of the husband’s insolvency, then the court grants him some time to pay the alimony. The time given is not more than 1 month. During this time, if the husband is unable to pay, the court can directly give orders for divorce.
Further about Family Lawyers in United Arab Emirates
Family Lawyers in UAE, are supposed to offer the legal support in United Arab Emirates. The top Lawyers are from Dubai also known as Dubai Family Lawyers, Abu Dhabi Family Lawyers or also known as Lawyers in Abu Dhabi. The ABU DHABI court allowed NON-MUSLIMS to get married with in a Civil Marriage.
Now DUBAI has also started where NON-MUSLIMS are allowed to get married in Civil way. Now the VISA is not allowed, or required further if the tourists want to get married in DUBAI, ABU DHABI. The other states are also following the same federal laws now, which is more than the state limitations or choices now.
Therefore previously the Family Lawyers in ABU DHABI, were quite counted higher than other Advocates and Legal Consultants. Abu Dhabi is the capital, therefore the federals laws or other, have to be started from ABU DHABI first. In Legislation and implementing the new Laws, Dubai is also like Abu Dhabi.
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