There is no discussion or argument that Divorce has been a serious matter always. It is not easy to take such decisions and go through the post consequences, easily. Anyhow once a decision is taken then we have to consider the rights of both parties. Our debate is about “Alimony for Wife”, here. These are key issues post-divorce along with the “Child Custody”. All it needs to be got managed by, Senior Alimony Lawyers or Child Custody Lawyers. Dubai has top Family Lawyers, Alimony Lawyers, Divorce Lawyers, Child Custody Lawyers, Spousal Support Lawyers and all collectively known as Family Lawyers in Dubai. UAE Family Lawyers based in Dubai are rated as the best, Lawyers in UAE and Legal Consultants in UAE. These personal status Law Lawyers are considered to be the best-practising Lawyers in Dubai and all over the United Arab Emirates.
Before discussing this further, we need to understand the Alimony now. A man has to provide financial assistance to his wife, by Law. This financial assistance is as before the divorce, or after the divorce as well as during. This financial obligation is also known as Alimony. Question is, how to calculate or decide the Alimony? It is decided and it has to be decided based on the financial capability of paying the husband by the Court. The number of dependents also matters while calculating the gratuity. The conditions of the living place, economy, style of living before, etc all are counted by the judge while giving the verdict/final order.
Personal Status Law Article 63, Federal Law 28, 2005 explains the situation like; all the maintenance of the wife including food, medical treatment/insurance, clothing, etc is the responsibility and needs to be paid. Maintenance is paid as per the capacity of man. If he can afford to pay to some extent then he has to pay to that extent. A minimum level must be met always, whatever the capacity or the capability of paying is. The inspection certificate decides the sufficient amount/limit like lifestyle, residence, quantity, etc. Furthermore, Personal Status Article 67, states that” Alimony has to be started from the day husband stopped supporting wife”. The unpaid support is referred to as Debt or Nafaqah, which is also paid, if not paid by the husband, from the date/time it was stopped paying.
Sharia Law does not recognize the wife’s maintenance after the divorce. Three months, post-divorce, the man is liable to pay any woman liable to receive, the maintenance. If the matter/case is inside the court and no final decision has been taken regarding divorce then NAFAQA is decided on a temporary basis by Court. If the Post-Marriage dowry is agreed upon and made part of the contract then, the wife is also allowed to ask for support.
There are a few conditions as well, where the wife is not allowed to ask for Alimony. For example, if she stops the husband to have a relationship without a solid reason. If she creates the issue or left the house of husband without a valid reason. If the court does not award him any maintenance/support. It is all explained by Federal Law 5 of 2020 of Personal Status Law.
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