The rate of marriages increases every day in the region of Dubai and thus, the rate of divorce must be expected to rise alongside it. An Alimony lawyer in Dubai can guide you on all matters regarding divorce settlements and spouse support. Whether these matters are being settled inside the court or outside, one needs to know their way around the procedure in case something goes wrong. In these situations, it is ideal to hire an Alimony lawyer in Dubai who can guide you through all the technicalities that the case offers.
The importance of having an Alimony lawyer in Dubai is of great essence because there are many complications in the matters of divorce and financial support. Not everyone ends their marriage on a good note because of which neither parties want to spend their money on someone they are in dispute with. At such a time, your partner is going to try everything not to pay the predecided amount of money or support. It is for this reason an advocate in Dubai should be hired, thus preventing unnecessary complications and loss of an opportunity to get your share of the money.
Alimony stands for the financial support that one spouse extends to the other one after the divorce has commenced. There are many factors taken into consideration such as how much does the husband or wife actually earns at the time of the divorce. The assets and the joined accounts are also considered when deciding the details of such matters. There is a list of items that are discussed when talking about alimony which includes houses, capitals, assets, life support, and child support as well.
Given the situation, it is also necessary to see if the spouse in question is even in need of the money or has been treated poorly by their significant other. Cases of domestic abuse and violence against the spouse and children have a different level of sensitivity. Similarly, in the involvement of children, their well-being, education, and support are also considered. These are critical matters which should be dealt with under the supervision of a professional family lawyer who knows how to handle things discreetly without any drama or stress.
It’s very important to have a lawyer in Dubai, especially when dealing with problems like Divorce. There can be many complications during the process of alimony in Dubai and thus, lawyers can make a smoother way out for both parties. It is essential to know that not everyone gets spousal support after a divorce and one must file for it stating the relevant reasons for which the support is being asked for. Multiple kinds of support can be offered; some are permanent and others are temporary. A good alimony lawyer can guide you about which deal to go for and on what grounds. Here are some reasons why an alimony lawyer in Dubai should be hired:
The divisions of assets, riches, or earnings don’t get any provisions when a divorce takes place. A father doesn’t have the right to insist on the spousal maintenance from his ex-spouse even if the father is provided with the custody of the children. The responsibility of children’s studies, their daily expenses, as well as the salaries of the employees and the rent, lies solely on the father, he shall be held accountable for all of these. These settlements are judged and calculated based on the father’s earnings and these are limited to 30% of his earnings, although the father can pay more if he wants to.
The wife requires the support of her husband for three months (Idda) after the revocable divorce (Personal Status Law) (see Question 13, Revocable divorce) and the husband is ought to support her, the wife can’t remarry in this period as it can raise doubts on the paternity of any child. (Article 69, Personal Status Law).
The women have the right to claim payment for:
The Abu Dhabi Judicial Department has authorized a personal status guidance chart which is applicable in the other emirates countries as well. This evaluates the maintenance charges based on the income of the father and the number of kids. The Courts of First Instance aren’t capable enough of ordering complex asset separation and support. Although, the higher courts have the ability to consider a better structured and complex maintenance order. (The lower courts will have no say on the cases, and hence the parties have the option of appealing to a higher court.)
While comparing the cases of child custody in which the judges have to take a call about the parent that the children will stay with, makes things easier when deciding on the alimony amount. Still, every case is unlike, and the courts have a look at the following points when deciding the amount for alimony:
In most cases, if the parties are falling short of providing money to progress to a lifestyle that is similar to the marital one, the judges would find different options to make the parties able enough to share the financial expenses likewise.
As we all know divorces could get complicated when there are important things at stake. Then couples fight for their finances, their children, their assets, and sometimes just face-saving and hurting their ex-partners. In such situations, it is very important to have some predefined rules to ensure justice and equality for both parties. These rules can be either that imposed by the religious beliefs or by the authority, however, they decide who gets what and why.
There are rules and rights for both parties that come from a divorce which end up as conflicts between the husband and wife. The fitting alimony will be based on the kinds of situations for the wife and kids after the divorce. All of the applicable laws belong to the Personal Status Law of the United Arab Emirates, Federal Law of 2005 No. 28, and the explanatory memorandum.
The filling alimony (alimony of Mut’aa) for the divorced wife
The wife has the right to get alimony when the divorce of a lawful marriage took place by the consent of the husband and without the wife’s call. This is stated in Article 140 from the Personal Status Law of 2005 No. 28.
In the scenario, where the husband chooses to divorce the wife from a consummated marriage that is right according to the law by his desire and without any consent from the wife, the wife has the right to be compensated apart from the alimony paid beginning of the waiting span. This is conditional on the husband’s financial position, given it doesn’t go above year alimony due to any pair that is in the same situation. A judge can direct compensation by volumes; although, it will be subject to the insolvency or solvency degree of the husband. When it comes to the determination of the amount, the preconception held by the party that wasn’t in favor of divorce will be considered.
Sheltering and alimony during idea or the waiting period are pending on the divorcee that’s involved in any reversible divorce, according to the UAE Law of 2005 NO. 28 Article 69. This may be the case in non-retractable divorces too if the divorced ladies are pregnant. If they are not, then only the sheltering would be pending. The alimony will cover, clothes, eatables, residence as well as medical or health care. A widowed wife cannot qualify for any alimony. Point to be noted: The widowed wife will have a right to live in a conjugal domicile within the mentioned period, which accounts for four months and ten days as mentioned in local legislation.
Article 70, claims ‘’ the widowed wives will not be entitled to any alimony during the waiting period from the death of the husbands; however, widows are entitled in living in conjugal domicile within the period.”
As far as the alimony amount is concerned, that would depend on the judge’s discretion. According to the same legislation, Article 63, in determining the alimony amount, the possibilities of the party paying the alimony, the economic circumstances, and the circumstances of the party receiving alimony, if it doesn’t fall below the sufficiency level, all of these shall be taken into consideration.
According to the UAE Personal Status Legislation specified, these are entitled to the alimony:
If you want to file a divorce in UAE, children according to the Personal Status Law of the UAE, as a wife you have the right to demand alimony and maintenance for yourself and your children. The wife and children must be maintained by the husband according to Article 63 of the Federal Law No.28 of 2005 Concerning Personal Status ( the ‘Personal Status Law’) which says:
To learn about the advantages of hiring an alimony lawyer in Dubai is one thing but to actually know how they can be of help is another. The need of hiring a lawyer in Dubai for such purposes has been emphasized enough, but here is how the advocate in Dubai will actually assist you in the smooth flow of events and a non-stressful journey through the hardships of life.
So far we have come to the conclusion that hiring a family lawyer is essential in the critical matters of divorce and alimony. Not everyone has the luxury of hiring a divorce or an alimony lawyer, however, the loss on the other end should be considered and this expense should be made to avoid a lot of other expenses in the future. The rate of an alimony lawyer in Dubai depends on the complication of the case. If the case is open and shut, the fees are considerably lower but if the spouse in question refuses to pay up or challenges your basis of the claim on the financial assets, the fees will increase.
It is up to the client to either save the cost of hiring a lawyer in Dubai and keep spending for the rest of their lives or spend a little in time to avoid paying fathers to their lives. Our firm offers qualified and experienced lawyers who strategically tackle the difficult and sticky situations that come up during the trials and prepare our clients for the Court sessions beforehand. Any person looking for a family or divorce lawyers can contact us and seek guidance in the matter. Our lawyers are always at your service waiting to help you in any possible need or difficulty in your cases. We value your privacy and hold dear the satisfaction of our clients above all other things.