UAE Law and Practice Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
In accordance with Federal Decree-Law No. 31 of 2023 Concerning Trust, the competent court, as described in civil procedure law, has jurisdiction in the UAE over matters regarding trust. There is no mandatory disclosure process in the UAE. However, in accordance with Abu Dhabi Law No. 14 of 2021 (applicable for non-Muslims in Abu Dhabi), dis ‑ closure is voluntary before the Abu Dhabi Civil Family Court. The requesting party needs to apply for the court to investigate the assets of the other party with the rel ‑ evant departments, banks and other authorities to establish the other party’s financial position before the court, and to support their financial claims. 2.4 Spousal Maintenance Article 95 of Federal Decree-Law No. 41 of 2024 pro ‑ vides that a husband is obliged to cover maintenance expenses such as food, clothing, accommodation, medical treatment, domestic help, and all such ameni ‑ ties and conveniences necessary and suitable for a married couple. The Decree-Law protects a wife’s right to claim maintenance, particularly if she does not have the means to support herself. However, there are no current provisions under UAE law for a husband Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law allows temporary spousal maintenance during the period of court proceedings, in accordance with Article 100 of the Decree-Law, at the discretion of the court, after taking into considera ‑ tion the financial circumstances of the provider, the condition of the recipient, and the economic context at the relevant time and place. to claim spousal support from the wife. Interim Maintenance Pending Divorce There is also a provision for temporary maintenance under Federal Decree-Law No. 41 of 2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects (applica ‑ ble for non-Muslims in Abu Dhabi). The petition for temporary maintenance can be submitted by the wife before the urgent matters court. While deciding on the
petition, this court may review the wife’s economic situation. Further interim maintenance could be decided by the substantive court while the case is ongoing. In practice, a party may request this during proceedings before the substantive court. In accordance with Article 99 of Federal Decree-Law No. 41 of 2024, the husband is obliged to provide for the maintenance of the wife during the course of their marriage, even if the wife has a separate source of income and is capable of providing for herself, unless the wife does not fulfil her obligations towards her husband. However, upon divorce and after the wife observes the required waiting period ( iddah ), the hus ‑ band is no longer required to provide financial assis ‑ tance to the wife. Nevertheless, in accordance with Article 101 of Fed ‑ eral Decree-Law No. 41 of 2024, in certain cases, the husband is required to provide for the maintenance and housing of the wife during her waiting period, which is an obligatory waiting period that a wife must spend without marriage, after a divorce. This period could be three menstrual cycles or three months, or it could extend to the birth of a child if the wife is pregnant. The quantum of maintenance is subject to the husband’s financial ability, and should match with the current situation. Additionally, in accordance with Article 102, the wife is entitled to a compensation for up to one year of her maintenance expenses, if she was divorced by the husband at his sole decision and without her consent. Article 9 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except Abu Dhabi) provides that a woman can apply to the court for alimony from her husband upon divorce based on certain factors, such as the duration of the marriage, her age, the financial cir ‑ cumstances of the couple, the extent of the husband’s contribution to the divorce, any physical or moral harm caused to either party as a result of the divorce, financial damage incurred by either party due to the other party’s decision to divorce, the presence of chil ‑ dren, and whether the wife wishes to raise them. The total amount of alimony and its frequency may vary
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