Under UAE law, Spousal Maintenance is governed by the Federal Law No. (28) of 2005 On Personal Status where the wife has a right to petition the court to direct the husband to pay her the unpaid maintenance. The husband must maintain his wife and children in accordance with Article 63 of the Personal Status Law which states:
- Alimony includes food, clothing, shelter, medical care, servicing charges for the wife, if she is performing such services within her family, and all related maintenance what the family requires.
- In arriving at the amount of alimony, consideration will be given to the circumstances of the wife, her financial position, place and time if it does not fall below the “sufficiency level”.
- Regarding arriving at the kind of maintenance to be provided, eye witness would be sufficient to determine the kind of maintenance, housing and related conditions to be provided for.
Moreover, the husband has the duty to provide the wife her dues from the moment the husband stops providing her basic needs as mentioned in Article 67. This makes the wife entitle to the dues even without a court judgment or irrespective of whether the parties mutual agreed. The wife also has the right to claim the dues related to the children from the father. Article 78(1) holds the right for the children whether is shall be the maintenance of the youngster having no financial resource will be borne by their father. Girls shall be maintained till the time they are married, and boys till the time they reach their adulthood.
OUR FAMILY LAWYERS EXPERTISE.
During an on-going battle, it is crucial for the spouses/ wife of a divorce or maintenance to seek the assistance of an expert UAE Family Lawyer to carefully represent the case in terms of seeking the enough level of maintenance.
Our Proconsult Family Lawyers have the experience to place emphasis on all aspects of the proceeding to seek from the court to grant the maximum rewards in terms of support for the spouse. We will guide you during your maintenance claim making sure that your story, situation and your needs are diligently expressed to the Judge to bring about the best possible outcome.