ARTICLE
30 November 2016

UAE Family Matters Q&As: Can I Demand Support From My Uncaring Husband's Company?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
Can I file a case against him in the family courts?
United Arab Emirates Family and Matrimonial

Question: As a wife, do I have the right to send a letter to the company where my husband works to demand financial support? My husband left me more than three months ago and has switched off his mobile phones and has been avoiding me and our son. Can I file a case against him in the family courts?

Answer: No, you do not have the right to send demand letters to your husband's company, all financial rights and claims must be against your husband. You do have the right to claim divorce though, based on the ground that he has not been supporting you and your son financially, as per Article 124 of Federal Law No 28 of 2005, the Personal Status Law. You have the right to claim compensation, or nafakkit muttaa, from him, under Article 140. You could also claim other financial rights such as any unpaid dowry, waiting period (Iddat) expenses, unpaid financial support backdated 36 months (if he did not cover previous expenses). In addition to the above, if your child is still under custody age (13 for a girl and 11 for a boy) you would be entitled to keep custody of him and your husband would need to provide financial support for his upbringing. Even if your husband does not have much money, the court in most cases would force him to pay the minimum amount. You would need to be in the UAE to file your case.

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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