Marriage Dissolution: Compensation

The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding story claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Laws.

Introduction

The United Arab Emirates is made up of Seven Emirates, of which Dubai is one. The UAE has a unified Federal court system which applies to five of the seven Emirates. Dubai is not one of these, and although it must apply the same Federal laws, it maintains its own court system. The Dubai courts have three facets: civil, criminal and Shari‘a courts. These three facets are further divided into separate courts. The Shari’a courts deal with personal status matters such as marriage, custody of children, maintenance, guardianship, divorce, and inheritance claims. The civil courts deal with civil and commercial issues and contractual matters and the criminal court of course with criminal matters.

In terms of applicable legislation, the legislation governing marital relations within the UAE is primarily governed by the Federal Law No.5 from 1985 (Civil Code, CC) and Federal Law No.28 from 2005 (Personal Status Law, PSL). The PSL were developed by the UAE in 2005 and are based on Shari’a laws. Shari’a laws are still referred to for their interpretation.

There are no laws in Dubai for claiming ‘ancillary relief’ on divorce, apart from child maintenance for a mother, and compensation type payments to the wife. Options for a financial claim following divorce would therefore be as follows:

Child custody and maintenance (Shari’a court)

Under article 78, 148 and 155 of the PSL, a mother would have custody of children on divorce until the boy is 11 and the girl 13. After this, custody could revert to the father, if he applies for it.

Child maintenance includes all financial costs that the mother would incur to care for a child, for example the provision of accommodation, food, children’s clothing, travel, and maid. Regardless of the wealth of the mother, this would still be payable by the father. The court would consider the father’s income, and the children’s needs, and make an appropriate order; this is usually a third of the father’s income. The Dubai courts have considerable powers for the enforcement of a child maintenance orders, for example attachments of earnings, seizure of goods, investigation of bank accounts etc.

Regardless of whether the mother or father have custody of a child, it is never possible for a father to claim child maintenance from mother. The father is always the legal Guardian of a child under UAE law and part of his role as Guardian is to have financial responsibility for the child.

Wife rights (types of claim)

Firstly, the compensation called Nafket motaa. This claim by the wife is for year’s worth of expenses to cover her ‘moral damage’. The claim equates to approximately 25% of the husband’s yearly income.

Secondly, is for the wife to claim compensation for the husband not supporting her during the last year of her marriage. Again this could equate to a further 25% of the husband’s yearly income.

Thirdly is the Nafet Eda. This is the financial claim that the wife could make from the husband for him to support her financially for the three month after the divorce, which is the ‘waiting period’. The waiting period is to ensure that a wife is not pregnant following the divorce.

Division of assets

Either party may claim for a share of any jointly owned assets, or for a share of any assets to which they assert that they made a contribution. This claim is irrespective of marriage or divorce; it is a contractual claim. Unless there was evidence to the contrary, the court would order sale and division of any jointly owned property, or division of any jointly owned bank accounts. Alternatively, if the parties had entered into an agreement outlining the division of assets on divorce, either could apply to the court to enforce that contract under civil law. Either parties’ claim against jointly owned property or property specified in a written agreement would be restricted to property in Dubai.

Conclusion

Nevertheless, in some jurisdictions there are possibilities to ask compensation for children maintenance from husband, the UAE laws are exception. It can be seen that UAE laws are clear about compensation amounts and compensating parties upon the dissolution of the marriage. The farther is financially responsible for his children.

Drugs and the Law

Know your Rights: 5 laws that expats should know

1) The consumption of illegal drugs in the UAE is a criminal offence, punishable by possible imprisonment or deportation. Drugs that are legal in your home country may not necessarily be legal in the UAE, this could include drugs that you have been prescribed for medical reasons in your home country. Consult the following list of banned substances before consuming any drugs within the UAE.

2) The import of illegal drugs in to the UAE is a criminal offence. Consult the following list of banned substances before purchasing medication from your home country and bringing it into the UAE. This includes whilst transiting through Dubai airport. If you have obtained a prescription for medication from your home country, it is recommended to carry a translated and attested copy of the prescription with you.

3) Take particular care when returning from holiday if you may have come in to contact with anyone who has taken an illegal drug and may have passed even the smallest quantity on to you. Possession of illegal drugs, even for example a speck on a shoe, may be a criminal offence.

4) Some medications are illegal in the UAE if possessed without a prescription from a Doctor. These include some sleeping pills, antidepressants and pain killers. Check with your Doctor whether a prescription is required before taking these types of medicines.

5) We have come across a number of cases in which expatriate women’s drinks have been spiked with illegal substances against their knowledge. Such action could result in the woman having committed a criminal offence (by having an illegal substance in her system). Never accept a drink from someone you do not know, and be vigilant in busy bars and nightclubs.

Traffic Offenses

Know your Rights: 5 laws that expats should know

1) It is a criminal offence to leave the scene of an accident, however minor. The criminal sanctions for leaving the scene of an accident in which a person was injured are more severe (imprisonment and/or a minimum fine of 25,000 AED).

2) It is a criminal offence to drive a car with any alcohol in your system, regardless of whether the alcohol was consumed legally or not. According to UAE law there is zero tolerance to drink while driving.

3) It is a criminal offence to drive without valid driver’s liability insurance. Take note of when your car insurance expires so that you can renew it in good time.

4) Keep your car insurance papers, car registration documents and driving license to hand when driving. In the event of an accident, it is a criminal offence if you fail to provide these to the police (although you may be given time to do so following an accident).

5) It is against the law to drive a vehicle in Dubai which is not in good mechanical condition, or does not have safe and functioning steering, brakes, horn, front mirror, wipers, seatbelt, and spare tire in a useable condition or headlights. If in breach of these laws, the vehicle may be confiscated by police and/or the driver fined or imprisoned. Please consult the RTA website for full details.

Alcohol and Licensing

Know your Rights: 5 laws that expats should know

1) If you are a Muslim expatriate, drinking alcohol is strictly forbidden in any circumstance.

2) If you are non-Muslim, you may only consume alcohol if you personally hold an alcohol licence. You should keep this licence with you at all times. The licence is granted by the police licencing authorities in the Emirate in which you live. The alcohol licence will allow you to purchase alcohol up to a percentage of your monthly salary.

3) Even if you hold an alcohol licence, you should only drink alcohol in your own home or a licenced restaurant or bar. It is against the law to consume alcohol or have alcohol in your system if you are not in your own home or in a licenced venue. Whilst this law is usually only enforced in conjunction with another crime, expatriates should be still be careful, considerate and courteous whilst travelling from venue to venue on an evening out.

4) Alcohol should only be purchased in the Emirate in which the expatriate holds an alcohol licence. It is therefore against the law for an expatriate residing in Dubai to purchase alcohol from liquor suppliers in Ras al Khaimah.

5) There is zero tolerance laws for expatriates drink driving in the UAE. This means that you may have NO alcohol in your system whilst driving. Alcohol can take up to 48 hours to leave your system. Take this in to account when driving the day after a night out.

The penalties for breach of any of the above licensing laws is a jail term and can be combined with deportation in some cases.