Authorized view: Assist! I’m unemployed within the UAE and can’t afford Dh5,000 alimony – Information
Know your rights when you are unemployed and unable to support your children
Question: I have a complicated problem. I got divorced five years ago and my ex-wife and two children live in Dubai. As part of our divorce settlement, I am paying my children Dh5,000 monthly maintenance. However, I’ve been unemployed for seven months and struggling to make ends meet. My ex-wife is still working but has threatened to file a case if I fail to pay my monthly alimony. In this situation, can I expect legal protection as I am unemployed and really cannot pay? Please help.
Answer: Based on your questions, we assume that you are divorcing your ex-wife from the Dubai Personal Status Court (the Personal Status Court) and that the mutual agreement signed between you and your ex-wife has been duly confirmed. We also assume that the mutual agreement you and your ex-wife signed is an integral part of the mutual divorce judgment. Therefore, the provisions of Federal Law No. (28) of 2005 on Personal Status (the UAE Personal Status Law) apply.
It should be noted that it is the responsibility of any person involved in the judgment of the court for personal status to comply with the judgment and the terms set out in the agreement.
As a father, you are therefore obliged to pay your ex-wife Dh5,000 a month to support your children. In addition, it is the father’s responsibility to support his underage children in the UAE. This is in line with Article 78 (1) of the United Arab Emirates’ Civil Status Act, which states: “The child who has no financial means will be supported by his father until the girl is married or until the boy reaches old age where his colleagues earn a living unless he is a student who continues his studies with normal success. “
Due to the above legal provisions and the divorce agreement signed between you and your ex-wife, you may therefore be obliged to pay your ex-wife the maintenance amount for your children. In the event of non-payment of the amount stipulated in the divorce settlement, your ex-wife can initiate enforcement proceedings against you in the Personal Status Court.
Considering that you have been unemployed for the past seven months and you are having a hard time paying the maintenance amount of Dh5,000, you can turn to the personal status court and file an application / case on the matter. You may need to submit relevant documents including your letter of resignation, a copy of your bank statement, and proof that your ex-wife is currently employed.
The court for personal status decides on your application. It is recommended that you consult a UAE legal advisor for further advice.
KNOW THE LAW
As a father, you are obliged to pay your ex-wife Dh5,000 a month to support your children. In addition, it is the father’s responsibility to support his underage children in the UAE.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is admitted to the bar in Dubai, the UK and India. You can find detailed information about his company at: www.amalawyers.com. Readers can email their questions to: email@example.com or Legal View, Khaleej Times, PO Box 11243, Dubai.