Inheritance Law Concerning Divorced Women

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

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Inheritance Law Concerning Divorced Women

Divorce has aided such people in these situations by allowing them to seek legal separation from their partner. The financially weaker partner is frequently compensated financially by the financially stronger party in order for them to maintain the same level of living following the separation.


Why is alimony necessary?

Marriage signifies the start of a relationship that society expects to last a lifetime. However, this connection does not always run as planned due to personal reasons, causing disruption and making life difficult for both partners. Divorce has aided such people in these situations by allowing them to seek legal separation from their partners. The financially weaker partner is frequently compensated financially by the financially stronger party in order for them to maintain the same level of living following the separation.
Since ancient times, women have been in charge of  household matters that considerably impact their careers (making them the financially weaker partner). Therefore, maintenance provided to women helps them stand up for themselves after the divorce and help them in earning their living.
How does inheritance law and divorce work?

Similar to other countries, UAE has its laws to decide on the matter of alimony. In UAE, all inheritance law concerning procedure after a divorce are given under the Personal Status Law, Federal Law No. 28 of 2005. Spousal support may vary based on the facts of a case, as mentioned below:


• Alimony of Mut’aa (Consolatory gift):

In this case, if the husband gives divorce to his wife willingly and without her request, then the wife is entitled to receive alimony as per Article 140 of the Personal Status Law.

The inheritance law states that if the divorce was without the woman’s consult, then she is entitled to receive compensation in addition to the alimony received during the ‘waiting period’. However, the amount of such compensation depends on the financial conditions of the husband, providing that it does not exceed one-year alimony payable in a similar situation. The court may order it to be paid in instalments depending upon the financial capability of the husband.


• Alimony of Idda (waiting period):

The three-month period that commences after the talaq is regarded as the waiting period. Furthermore, if the divorced woman is pregnant, the waiting period lasts until after she has given birth. As per article 69 of law 28 of 2005, alimony and sheltering are due to the divorced woman if she is pregnant and, if she is not, only sheltering is due. Alimony includes clothing, dwelling, food, and medical care. However, a widowed wife cannot claim alimony have, but she can live in the conjugal domicile for four months and ten days as stated in article 70 of the law.


• Wife as the custodian of children:

The Personal Status Law states that the biological mother is regarded as the custodian and the father is the guardian of the child. Custodian is responsible for the day-to-day care of the child, whereas the guardian is responsible for providing financial support, including shelter, food expenses, education and other necessities.

At the time of divorce, if the couple’s son and daughter are below the age of 11 and 13, respectively, their custody is given to the mother. In such a case, the mother receives additional alimony for supporting her children until they reach the age of 11 and 13, respectively.

The amount to be received as alimony solely depends on the discretion of the court. In accordance with Article 63(2) of the Personal Status Law, the following factors are taken into consideration:

o The circumstances of the beneficiary
o The economic condition regarding place and time
o Possibilities of the debtor
o However, support shall be more than the satisfactory limit at all costs.
What has changed?

Previously, the UAE's family law stated that Sharia would be applied to Muslim spouses in regards to child custody, wealth split, and even maintenance.
Until the change went into effect, expatriates had the option of following Sharia law to their divorce procedures or requesting that the court use the law of their home country instead. Furthermore, in circumstances where both parties were citizens of different countries, the legislation of the husband's nation would have applied. However, when the law of their home nations failed to provide justice or did not cover an aspect of divorce, the courts brought the matter back within the Sharia Law's jurisdiction. The new amendment gives the expatriates a better opportunity at receiving alimony as per their home country's law.
Conclusion

Alimony plays a significant role in a divorced woman’s life, and to ensure that their rights are not infringed, the amendment is looked forward to as a way out from disputed cases of inheritance. It increases and simplifies the procedure of applying for a divorce as well as applying for maintenance. This will save the parties to the dispute from both financial harm and emotional breakdown.

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