Question: My husband abandoned me and my baby
and he did not pay a single dirham for the delivery, so I want to
know the consequences for him if I file a case against him. Am I
eligible for financial support from him?
Answer: As per Article 6/2 of UAE Federal Law
No.28 of 2005, the Personal Status Law, you have the right to file
a case in the UAE to claim divorce from your husband based on the
fact that he has abandoned or deserted you for more than six
months. You would also have the right to claim compensation, or
Nafakkit Muttaa, as per Article 140 of the same law. This article
states that "if the husband divorced his wife, who married him
in a correct marriage without any reason or demand on her side, she
would deserve compensation after divorce in addition to the period
of waiting expenses, according to the situation of the husband and
of what does not exceed her counterpart's expense, and the
judge has the right to allow the husband to pay by instalment
according to the richness or the poverty of the husband". In
addition to this compensation, you also have the right to claim
other financial rights such as unpaid dowry, waiting period (Iddat)
expenses, unpaid financial support backdated to 36 months et
cetera. Since your child is still under custody age you would also
be entitled to keep custody of the child and your husband would
need to provide financial support for his/her upbringing. Even if
your husband does not have any money, the court in most cases would
enforce him to pay the minimum amount. You should note that you
would need to be physically present in the UAE to file your
Question: I separated from my husband last
year. Even though we have not officially gone to the courts for
divorce proceedings, do I have the right to claim expenses for my
Answer: As outlined in the Personal Status Law
No?5 of 2005, Article 174, a husband is regarded as the guardian,
who is liable for the day-to-day expenses of his children. In the
event of a divorce, custody of the children goes to the mother
(unless there are special circumstances) as long as the children
are under custody age (12 for a boy; 13 for a girl).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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