Basic Priorities for Women Seeking Divorce in UAE

Divorce proceedings can be very hectic and complicated, especially in the UAE. Even though your divorce lawyer in UAE will certainly explain it, it is still important for women involved in divorce cases, to have a clear idea of the basic settlements you will need out of your divorce.

Generally, in any divorce case, there are usually three priorities for women. In this article, we try to elaborate on them so as to eliminate doubts for them. These are:

• Obtaining a Divorce Certificate
• Claiming for Child Custody
• Seeking Maximum Financial Settlement

1. Obtaining a Divorce Certificate: in UAE, any party that is seeking a divorce needs to obtain a divorce certificate. To get this, the party needs to receive a No Object Certificate (NOC) from the Family Guidance Committee, which is basically permission to file the case. Once this is done, the claim will go to court. Now, the woman needs to produce evidence of the authenticity of her divorce claim. For this, she has to collect witnesses; either 2 men or 1 man and 2 women. She has to see that the witnesses can give adequate testimony to prove that she is in an unhappy marriage. The testimony will be probed in the form of questions asked such as “how well do they know the claimants, what is the marital situation of the couple,” etc., mainly to establish how well they know the claimants. There are many lawyers in Dubai who can help you and your witnesses with testimony presentation.
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2. Claiming for Child Custody: When it comes to child custody, there are some standard rules in the UAE. A mother is granted the custody of a son until he reaches the age of 11, and that of a daughter until she is 13. After that, the custody shifts to the father. However, a divorce court judge has substantial autonomy to shift from these standard rules or modify or tweak them according to the uniqueness of the case. In any case, the main concern is to give a ruling that serves in the best interests of the children.When the children reach the stipulated age of custody transfer, the father is then supposed to file a claim for custody transfer. If this doesn’t occur, custody will remain with the mother.

3. Maximum Financial Settlement: The financial settlement and maintenance claims from wives are reviewed and fulfilled keeping in mind the earnings of the husbands. Therefore any claim made should take into account the father’s income and this must need to be proven, especially in cases where there is a dispute in the husband’s earnings. All these details are taken care of by your family lawyer in Dubai.

The Personal Status Law makes it clear the husband is responsible for the financial needs of his former wife and children, regardless of the woman’s economic situation. To this end, a woman can claim for any unpaid maintenance or living costs reaching back three years.