What
  • Banking and Finance Law
  • Bankruptcy law
  • Business Law
  • Civil Law
  • Commercial Law
  • Communication & Telecom Law
  • Consumer Law
  • Criminal Law
  • Debt collection
  • Divorce Law
  • E-crime Law
  • Employment and Labor Law
  • Family Law
  • General Practice law
  • Immigration Law
  • Legal Services
  • Litigation Law
  • Personal injury law
  • property , Landlord and Tenant Law
  • Safety
  • Tax law
Where

Alimony Lawyers in Dubai Claimed

 

Be the first to review

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.

What is Alimony?

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.

Importance of Alimony Lawyers in Dubai

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:

 

  • Your spouse may not want to pay you even if you have valid reasons for which you should be paid. May it is domestic abuse or child abuse, your spouse will always want to find a loophole and not pay up. This is the primary reason why you should hire a lawyer in Dubai who can guide you and inform you of your rights.
  • Hiring a local alimony lawyer in Dubai is also going to be beneficial for you because the lawyer would know the judges and their weak points. For instance, if a judge is female or has children she might be inclined towards ruling in the favor of the woman. These are the local tidbits that lawyers in Dubai know about because of their frequent interactions with the judges of courts in Dubai.
  • Alimony includes a lot of things such as payment of rent of a certain house, the money spent on the upbringing of the children involved who are in the custody of the other parent. Similarly, there are places where one of the spouses has to pay for the damages caused to the other person such as domestic abuse or emotional abuse. In such cases, it is essential t gather the evidence the right way, and only a lawyer in Dubai can guide you as to the kind of evidence that will be acceptable and effective in the court.
  • Often the share of alimony is not given because of the prenuptial agreements. An alimony lawyer in Dubai would have the right knowledge, experience, and qualifications to not only challenge that document but to help the client achieve the share they deserve.
  • Another advantage of having an alimony lawyer in Dubai is that they will tell you ways that are less conspicuous in nature. This would help maintain a level of privacy that cannot be otherwise achieved in the court of law. many times,  a case is dragged for months in front of the general public when there is a solution outside the court.
  • Not only can the lawyer in Dubai help you maintain a level of privacy but they can also help you save money and the cost of dragging the case for months. people who think that they can deal with these cases by themselves to avoid the cost of a lawyer are gravely mistaken because a lot more money would be spent if a rookie mistake is made by the client. One may take the chance in some other matter this is the matter which is sensitive in nature and thus should be treated in a sensible manner with the guidance of a professional lawyer in Dubai.
  • Once the judge rules in the favor of the opposite side, there is no coming back. there is a specific language to be used in the court and certain words are to be avoided. No rookie can take up the challenge and not make a mistake. As a professional lawyer in Dubai who knows their way around the courts, the legal help would be able to guide the clients about what to say and what not to say in front of a judge.
  • Once a mistake is made,  a decision would be made that cannot be reversed on which lies the foundation of what a person receives and what a person does not receive.  therefore it would be foolish to take matters into your own hand and avoid the help that is readily being extended by lawyers in Dubai.
  • If you are not a citizen of Dubai or the UAE, different rules may apply regarding the alimony. There might also be complications when one of the spouses is a native and the other is a foreigner. The lawyer you hire in Dubai will inform you of whether or not you want to have the Shariah law court proceeding or in accordance with the laws of your country. This would give you an advantage because the lawyer can compare both proceedings and warn you beforehand as to where there are more chances of being successful and where not.

Procedure and laws for Alimony in Dubai

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 period in the marriage in which the husband failed to support her maintenance. (Article 67, Personal Status Law).

 

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:

  • What is the monthly income of both persons?
  • Are children involved?
  • Was there any document signed at the time of the marriage stating restrictions of asset sharing?
  • Who is initiating the divorce and why?
  • Is there domestic abuse involved?
  • What is the educational status of the children?
  • Does the wife or husband have a house to live in or to support the children?
  • Which costs should be covered by the alimony;
  • Will the alimony amount from one side to another will make it possible for all sides to progress towards a new lifestyle that’s similar to the one that the family had before the divorce (this is often called the quality of living that was in place during the union or marriage).

 

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.

Alimony in Dubai:

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.

Waiting period Alimony

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.

Alimony for the children:

According to the UAE Personal Status Legislation specified, these are entitled to the alimony:

  • In the same law, Article 78 says that alimony for the young kid without any financial help will be provided by the father until the girl is married or the boy has come to the age where his age fellows are earning unless the boy is studying with normal success;
  • The firstborn will accept alimony if he or she can’t earn enough amount for a living due to a disability or any other reason and the father will pay the alimony if the firstborn has no funds that can be used for paying finances;
  • Should a child not have enough funds for paying maintenance costs, the father will be obligated to complete the remaining amount that is mentioned in the conditions.

 

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:

  1. Maintenance will include food, clothing, residence, medical or health care, domestic help for the wife if that’s the case in her family’s house, and what is kindly required by conjugal relationship.
  2. Maintenance will be determined considering the financial resources of the maintainer and the circumstances of the dependent and the economic conditions in terms of time and place. Although, the maintenance should not fall below the sufficient limit.

How can an Alimony lawyer in Dubai help you?

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.

 

  • An alimony lawyer in Dubai would get you to an alimony deal that you’re comfortable with, even if you’re paying or getting the payment. Your lawyer in Dubai would know how to deal with complicated cases such as prenuptial agreements. Sometimes these support negotiations can get out of hand, but your attorney in Dubai would be able to mediate the situation.
  • As a professionally qualified attorney in Dubai, your lawyer would help you get out of sticky situations and ward off unnecessary personal attacks thrown at you, such as character assassination and fake domestic abuse charges. Often the spouse would create fake stories to get the sympathy of the judge and jury in order to free themselves of paying up any amount of money.
  • While domestic abuse and character-based attacks can be faked and framed, the couples have also been seen to entangle their ex-spouses into criminal offenses which they may or may not have committed. Once you hit the court, there is little hidden in your personal life. Any small incident of your past regarding any offense would be used against you to make you look guilty and only a professional lawyer in Dubai would be able to tackle that situation.

Conclusion

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.