Alimony and Child Custody Cases in UAE

UAE is known for having a mixed population belong to different parts of the world. Many expatriates have come to United Arab Emirates, in search of better lives. Most have invested in the UAE to get the Golden Visa because Dubai has become a global business hub. Dubai provides lucrative opportunities to its residents, therefore it attracts the people from all over the world.

They have found an amazing lifestyle balanced with their work and careers. In the UAE, family life is prioritized. Moreover, these laws have focused on alimony and child rights. The recent developments in the UAE’s family laws demonstrate modernity and inclusivity, ensuring the best international practices. Let’s explore more.

Alimony is financial security given to the wife by her former husband. In most cases, alimony is requested after divorce and an equal distribution of assets between the spouses. If a child is involved, then child custody must also be managed per the UAE’s family laws. You can consult our alimony advocates in Dubai to know about the exact alimony amounts and details.

The Federal Laws on Personal Status control family laws in the UAE for Muslims and non-Muslims. However, the Muslims follow Sharia law, whereas the non-Muslims will follow civil laws as per their country’s laws. Abu Dhabi government has created a milestone, for non-Muslim expatriates, in order to provide them maximum ease in their marriages, divorce, no-fault divorce. The other Emirates are also up to the same path for following the, new rules and laws. Learn more the definition and details of Sharia.

The UAE has developed, so the laws in different sectors have changed to ensure international business practices. There are direct objectives with the legal updates:

• Protecting the spouse and the child by offering fair financial settlements and arrangements for child custody.
• Quick and efficient dispute resolution for divorce and post-divorce events.
• Safeguarding the rights of the child and their emotional health. The aim is to protect the spouse and kids as much as possible.

As per the legal definition of alimony, financial support is given to the other spouse. Usually, the wife gets alimony from her former husband. Fr transparency and fairness in the alimony process, there have been several developments, let’s have a brief:

• Eligibility Criteria for Alimony

Alimony can be decided based on the husband’s financial status. She would get alimony if she depended on her husband before the divorce and as per the financial status of husband. However, alimony is not restricted to the wife only; it is also transferred to children to ensure financial stability for their future. The sum issued by UAE government can be checked with lawyers and legal consultants. Try reaching Dubai lawyers or lawyers in Dubai.

• Factors Affecting Alimony Amount

Certain factors are evaluated for the alimony amount. The foremost factor is the duration of the marriage. The longer a marriage lasts, the more alimony the wife receives. Second, the financial status of both spouses is evaluated to ensure their earning capacity. Consequently, the age and health of the wife are also considered for the alimony, as is how much the wife contributed to the house and family life. If it makes you confused then, keep reading for clarifications.

• Timeline for Alimony

Alimony is limited. If the wife is not well or self-sufficient, this period of financial stability will be extended.

• Post-Divorce Applications

Alimony is a spouse’s right in the UAE. Spouses who do not agree with the alimony amount at the time of the divorce can appeal to the family court in the UAE. The judge can review the alimony case to ensure that the spouse applicant’s concern was heard on legal grounds. The amount for alimony can be changed if the spouse has proved financial dependency on the other spouse with a better financial status.

In the UAE, child welfare is given importance more than anything else. However, special rules and regulations of the ‘WADEEMA Law’ apply to child rights in the UAE. However, the latest changes in the laws for child custody have emphasized the emotional health of the child by allowing joint custody and the idea of co-parenting. You can learn more about WADEEMA Law here. Let’s see how the changes in the joint custody laws have affected the child’s emotional being:

• Joint Custody Rule

The latest development in joint custody is that both parents can share the responsibility of raising their children. This would help the child grow in a safer and more secure environment while the parents experience a good parenting lifestyle.

• Impact of Custody on Child

The joint custody ensures the best interests of the child in terms of their mental health and relationship with their parents.

• Exceptions to Joint Custody

Sometimes, sharing custody could be risky, especially if one of the parents is well-off from the other. The sole custody can be allowed if one of the parents is a misfit in terms of their behavior in the public, financial situation and mental health.

• Conflicts in the Custody

Usually, the parents may not agree with the custody arrangements, and there may be a conflict. A family lawyer can resolve custody disputes to meet the child’s best interests.

• Responsibility of Child Support

The child’s financial responsibility can be shared between both parents, depending on whether they are earning well in their capacity.

The UAE legal framework ensures efficiency in family laws, especially alimony and custody cases in the family courts. To file an alimony claim, the spouse must prove that they depend solely on the other spouse for finances. After seeing all the evidence, the court will review the case. It will then revise the alimony amount if needed. Failure to agree with the alimony amount, the spouse can appeal in the UAE family court. Moreover, the judge will ensure that the alimony is paid on time. You know violating the alimony payments will result in legal penalties such as imprisonment and fines.

It is understood that child custody has to be maintained with responsibilities. Therefore, the parents have to work on the custody arrangements responsibly. The judge will appoint a child psychologist to evaluate the family dynamics. The court will make the decision for child custody based on the child’s health and age. Moreover, the judge will consider both parents’ financial situation and mental health to ensure the child grows up in a healthy environment. The custody arrangements can be changed if the circumstances also change.

The developments in the recent UAE family laws have impacted families and lawyers. Regardless, both entities have ensured family disputes are resolved per the new laws.

• Families

Divorce has been less stressful for families because mediation is cost-effective, and settlements are out of court. So, new laws have focused on joint custody of children to ensure a better co-parenting approach. You can read more here on Family Law in UAE for Divorce and Marriages.

With the latest developments in family laws, legal consultants have also opted for a modern approach in their professional lives. They stay updated with the recent family rules and regulations. However, they have also changed their approach towards their potential clients. Different dispute resolution methods have been successfully added to legal services. Legal consultants in Dubai are most admired consultants for family topics.

The UAE government has protected all children under the ‘WADEEMA LAW’, which mandates that people feel more secure and have better personal development. If you are thinking of parting ways with your spouse, hiring a family lawyer will be useful because they will guide you on divorce and post-divorce events, including alimony.

Families in the UAE can contact any family lawyer, irrespective of ethnicity and cultural differences. Finding a good lawyer could be difficult, but searching for one will save your life. You can ask for recommendations from your social circle or even bar associations in the UAE.