Ask the legislation: how a lot alimony can I get within the case of UAE divorce if I work?

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Question: I am a Muslim and have been married to a Muslim man for two years. I have a daughter from him. My problem with my husband is maintenance. He doesn’t spend on me and my daughter on the pretext that I am employed and earn a salary. According to my husband, a woman who has a job and earns a salary is not entitled to maintenance. My question is: is that true? Do I have the right to apply for divorce for this reason? Please advise.

Answer: This is not the case because a woman has maintenance based on a valid contract (regardless of her own property), even if she eventually separates from her husband. Article 66 of the UAE Personal Status Act states: “Wife maintenance is due from the date of failure to pay if it is due as a debt to the husband, regardless of any court judgment or agreement. It only expires upon payment or discharge. “According to Article 67 of the law, it was determined that” a maintenance claim for a period of more than three years from the date of the judicial initiation of such a claim will only be tried if it is consensually imposed “.

Maintenance includes food, clothing, housing, medical care, service fees for the woman if she provides such services within her family, and anything that a marital relationship requires. When assessing the maintenance amount, the possibilities of the debtor, the circumstances of the beneficiary and the economic situation must be taken into account, provided that this does not fall below the sufficient level.

Article (63) says: It will be judged in court that “the husband is obliged, from the date of the contract in force, to spend on his wife if she submits to him – even if she is well. Marriage maintenance is considered a debt owed by the husband from the date of his abstention from expenses, as long as it is compulsory and waived only through payment or release. “(Cassation of personal status 2005/99.)

According to Article (78), the maintenance of a young child who has no financial means is with his or her father until the girl or boy’s marriage reaches the age at which those around him earn a living – unless he or she is one Student continuing his studies. Even the infant costs of the child are borne by the father should the mother be unable to support him and this is considered maintenance.

Travel ban for retrospective check

Question: I have a check whose due date is May 2021. The issuer of the check has now resigned and is preparing to leave the UAE. The check is very large and I know his bank account has been closed. My question is how can I act legally to secure my rights?

Answer: You can apply for a travel ban. This type of prohibition can be imposed on the debtor at the written request of the obligee to the competent court. According to Article (188) of the Code of Civil Procedure, if the obligee has serious grounds to believe that the debtor will escape even before the substantive action is filed, and if the debt is not less than 10,000 Dhham – unless it is one ascertained costs or an obligation to work or an abstention from work – then the obligee can ask the competent court to issue an order preventing the debtor from traveling.

The court can issue the travel ban order if the following conditions are met:

• The obligee should demonstrate a reasonable concern that the debtor might run away without paying the debt.

• The amount of debt should be Dh 10,000 or more.

• The debts should be final and due, ie unconditionally payable. If the amount of debt is not clearly defined, the judge is entitled to make a preliminary estimate as long as:

A) The guilt is based on written evidence.

B) The obligee provides a security deposit sufficient to cover the damage suffered by the debtor as a result of the travel ban if the obligee does not win the case.

The debtor is entitled to object to the travel ban imposed on him by submitting a complaint to the competent higher court. According to Article 189 of the Code of Civil Procedure, the travel ban remains in force until the debtor’s obligation to his creditor has expired for whatever reason.

The ban can also be lifted by the competent judge in the following cases:

• When any of the conditions required for the travel ban have been removed.

• When the obligee gives written permission to lift the ban.

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