UAE Trends and Developments Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
prove such support, the court may order the husband to pay such amounts to the wife. Maintenance can be claimed by the wife during mar ‑ riage, during the waiting period ( iddah ) and for the children. She also has the right to seek a custodian salary, which is given to the wife for taking care of the children and is one of the amounts which is provided to the wife as part of alimony. A wife has a right to claim maintenance support from the husband, subject to the financial ability of the hus ‑ band. However, a husband cannot claim maintenance. The right to claim child support from the father is established under Article 106 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law. Both Emirates of Dubai and Abu Dhabi have their guidelines on the amount to be given as child support, which depends on the number of children and the husband’s financial ability. Federal Decree‐Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 An application for maintenance under Federal Decree‐ Law No. 41 of 2022 on Civil Personal Status provides a greater opportunity to claim spousal maintenance than under Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law. After the divorce is finalised, the ex-wife may seek maintenance from her ex‐husband (a husband may not seek main ‑ tenance from a wife). When determining the amount and duration of maintenance payments, the judge will use their discretion, taking into account the number of years of marriage, the wife’s age, each party’s financial situation, the extent to which the husband contributed to the breakdown of the marriage due to negligence or fault, compensation for moral damage caused by the divorce, and the financial costs incurred as a result of the divorce. A divorced woman may petition for alimony under Article 9 of Federal Decree‐Law No. 41 of 2022. This provision states that if the parties are unable to reach an agreement, the judge will exercise their discre ‑ tion in accepting the application and determining the duration of alimony, taking into account a number of previously explained factors. Article 9 also stipulates that alimony is forfeited if the wife remarries or loses
custody of the children. A new application for alimony may be submitted annually or whenever circumstanc ‑ es change. The Decree-Law is silent on the ability for either spouse to make capital claims upon divorce. Capital claims are therefore limited to a claim to realise an interest in a jointly owned property or if there was a valid written agreement between the parties. Claims against property, pensions, savings or investments held solely in the name of the other party are not pro ‑ vided for under the Decree-Law. As per the UAE laws, the general governing rule is that the title controls the assets. Accordingly, each spouse shall retain their individual assets after the divorce, if these assets were purchased under their respective names whether prior to or during the marriage. The exception to this rule is provided under Article 51 (2), allowing a spouse to claim a beneficial interest in a property registered under the other spouse’s name so long as they can prove that they contributed towards the purchase of the property. However, the party (the title owner) under whose name the property was pur ‑ chased by the other spouse (the spouse who paid up the capital) may argue that it was a gift. Notwithstand ‑ ing, the final decision may be subject to the court’s discretionary power. The Emirate of Abu Dhabi has issued its regulations for the implementation of Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects by issuing Abu Dhabi Resolution No. 8 of 2022. This Resolution pro ‑ vides that a divorced wife may claim a percentage of the former husband’s monthly income, a percent ‑ age of his property and wealth, a share in the joint money between the former spouses, housing support for herself and the children, alimony for herself, and expenses for the children. After the divorce is finalised and alimony is requested, the ex-wife may be granted financial assistance. A variety of variables will be con ‑ sidered in making a decision on this request, including the length of the marriage, the age of the ex-wife, and the financial situation of the parties involved in the divorce. The judge may take into account the extent to which the ex-husband contributed to the divorce, which means that he will have to pay more money to his ex-wife if it is proven that his actions, neglect or
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