Understanding Alimony in UAE Divorces: Non-Muslim and Muslim Marriages

The UAE has different legal frameworks concerning alimony in divorce cases, reflecting its diverse population and the balance between civil laws and Islamic traditions. Every divorce case is thus governed either under the Civil Personal Status Law for Non-Muslims or the Personal Status Law for Muslims. The following section debates how alimony is determined under each system, indicating key factors and conditions.

ALIMONY IN NON-MUSLIM DIVORCES

For non-Muslim spouses, alimony is provided for under the Civil Personal Status Law for Non-Muslims through Decree Law No. 41 of 2022, effective February 1, 2023. The following factors are considered in determining alimony under this law:

  1. Years of Marriage. The length of the marriage impacts the amount of alimony awarded; the longer the marriage, the higher the financial support.
  2. Wife’s Age. The wife’s age is taken into consideration to determine her viability for self-sufficiency.
  3. Financial Position of the Spouses. The financial conditions of both spouses, their income and assets, are considered for a just settlement.
  4. Father’s Contribution to Joint Custody. The amount contributed to the costs of joint custody, including housing, education, and healthcare is taken into account
  5. Wife’s Involvement in Children’s Life. The extent to which the wife has participated in raising and taking care of the children influences the alimony
  6. Reason for Divorce. The grounds for the divorce may play a factor in the amount of alimony awarded, especially when grounds include fault or misconduct.

Pre-Nuptial Agreements

One peculiar aspect of non-Muslim divorces is that it allows for the enforcement of pre-nuptial agreements, which can provide the terms upon which separation is to be made and even alimony for the wife. The Civil Personal Status Law enables the courts to enforce such agreements, as long as they are valid and do not offend public policy. This gives the couple leeway to determine financial issues before marriage, thus minimizing disputes during divorce.

Termination of Alimony

The general rule of the law is that a wife’s entitlement to alimony automatically terminates in case of her remarriage. However, such provisions can be modified by a valid pre-nuptial agreement. If the agreement provides for continuing alimony after the wife’s remarriage, the courts may enforce such terms.

This flexibility gives a non-Muslim couple substantial freedom in developing their financial settlement, as long as the agreement does not violate any law or principle of public policy. Future Executive Regulations will likely further flesh out these provisions.

ALIMONY IN MUSLIM DIVORCES

The Personal Status Law, based on the principles of Shariah, controls alimony and support payments for married Muslim couples. The major provisions are outlined below:

  1. Iddah Period (Three Months). The husband is bound to pay the living expenses of the wife for the period of Iddah, which is three months after divorce. This waiting period ensures the wife’s well-being and also satisfies the religious requirements.
  2. Custodial Payments for Mothers. She will receive a monthly allowance if she is granted custody of the children, as compensation for being the custodian of the children. This amount is in addition to child support and helps the mother to take care of the children.

Alimony Termination

  • A wife’s alimony automatically stops if she remarries.
  • Alimony can also cease if the wife is proven to not be a “good Muslim.” For example, her lifestyle, behavior, or conduct may be considered against Shariah principles.

Major differences in Non-Muslim and Muslim Alimony

  • Prenuptial Agreements. In non-Muslim divorce, there is more freedom with financial matters as there can be an enforcement of pre-nuptial agreement, while in Muslim divorce, there are Shariah principles which the pre-nuptial agreements cannot override it.
  • Scope and Duration of Alimony. Non-Muslim divorces usually have more comprehensive and long-term allowances. In Muslim divorces, the emphasis is on temporary support, such as during the Iddah period, and custodial allowances.
  • Termination Conditions. Although alimony in both systems does not continue after the wife’s remarriage, for Muslim divorces, the wife’s adherence to Islamic values can be a factor that affects her right to alimony.

Conclusion

The UAE’s dual legal framework offers tailored solutions for non-Muslim and Muslim divorces, reflecting the country’s multicultural landscape and Islamic heritage. Non-Muslim couples benefit from greater flexibility through pre-nuptial agreements and broader financial considerations, while Muslim divorces emphasize Shariah principles and temporary support.

For personalized advice on your rights and obligations under these laws, consult an experienced legal professional to protect your interests.

Understanding Alimony Calculation For Non-Muslim Divorcees In The UAE

INTRODUCTION
This post explains how alimony is calculated for non-Muslim divorcees in the United Arab Emirates, using Federal Decree-Law No. (41) of 2022 on Civil Personal Status. That provided the applicable legislation with regard to family matters in the UAE, regarding civil marriage, divorce, custody, inheritance, and proof of parentage in respect of the determination for non-Muslim residents.

OVERVIEW OF RELEVANT U.A.E. LAWS AND REGULATIONS
U.A.E. Federal Law
In the UAE, personal status issues in respect of non-Muslims are provided for by Federal Decree-Law No. (41) of 2022 on Civil Personal Status (“Civil Personal Status Law”). Article 9 (Divorcee Alimony) provides the various elements that the relevant court considers in determining the divorcee’s alimony.

Cabinet Decision
The judge may consider more information regarding the alimony of a divorcee under Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022, specifically Article 10: Alimony.

Abu Dhabi Law & ADJD Resolution
Under Abu Dhabi’s Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners, Article 8 prescribes the factors to determine alimony upon divorce, just like Article 9, Divorcee Alimony of the Civil Personal Status Law. In addition, Resolution No. (8) of 2022 regarding Marriage and Civil Divorce Procedures addresses a wide scope of alimony, including the determining factors and the finality of the same.

APPLICATION OF LAWS
This set of laws and regulations applies to all non-Muslim citizens of the United Arab Emirates as well as non-Muslim residents in the United Arab Emirates, unless the latter request the application of the laws of their respective home countries, provided these do not conflict with United Arab Emirate’s laws and regulations.

UNDERSTANDING ALIMONY
What is Alimony?
The alimony itself pertains to the financial claim put forward by the ex-wife at the time of divorce. In cases involving children, it also includes assistance with housing, health insurance, and many other things she might require that the ex-husband had provided during the marriage (Article 11 of the Cabinet Decision).

Housing During Joint Custody
Article 8 of the Cabinet Decision states the judge may request that the ex-husband pay an allowance to cover housing required for the living standard of the children pre-divorce.

Types of Alimony
Under Article 9 of the Civil Personal Status Law, the ex-wife can, independently of securing a divorce sentence, also file a case for alimony. She can also apply for the temporary alimony until she gets her final financial allowance (Article 10 of the Cabinet Decision).

CALCULATION OF ALIMONY
Bases of Calculation
Article 9 of the Civil Personal Status Law provides for the following criteria, which a judge shall base his calculations on:

Criteria
Length of the marriage. Alimony goes hand in hand with the length of the marriage; the longer the marriage, the heavier one partner may become dependent on the other financially.
Age of ex-wife. As the ex-wife gets older, her chances of getting a job might lower; hence, her alimony could be higher.
Financial condition. An accounting expert assesses the present financial situation of each party, which has to do with income, assets, debts, and liabilities.
Ex-husband’s contribution to divorce. As the contribution of an ex-husband to divorce becomes apparent, say through errors or neglect, the amount of alimony increases.
Material and moral harm. The judge takes into account any harm that a divorce may cause, such as reputational harm or physical harm.
Financial damages. This would include loss of job opportunities or income due to divorce.
Children’s custody. The judge may demand that an ex-husband cover costs associated with the mother’s custody of the children for up to two years.
Ex-wife’s childcare contribution. Alimony increases according to how much the ex-wife is committed to child care.

Required Documents
The court examines the documents presented by the ex-wife in the course of proving the financial positions of the parties.

Finality of Alimony
Under Article 49 of the ADJD judgment, an alimony decision is considered final and executable, provided the amount does not exceed AED 500,000.

Modification of Alimony
Alimony can be modified yearly based on the variation of circumstances arising due to changes in financial or personal positions. Under Article 9 of the Civil Personal Status Law
It is removed upon remarriage of the ex-wife or in case of loss of custody of the children.

JURISPRUDENCE: CASE NO. 301/2023
In 2023, the court of Dubai Personal Status, while awarding alimony, relied upon factors enshrined under Article 9. The compensation covered her expenses in Ethiopia. The court stated the following :

Category
Children: AED 4,000 per month, excluding education, residence, and domestic help.
Utilities and Bills: AED 700 per month for utilities, internet, and phone bills.
Domestic Help: AED 2,000 for hiring domestic help and AED 500 for their salaries.
Total Alimony: AED 7,200

CONCLUSION
The Civil Personal Status Law, along with relevant Cabinet Decisions and Abu Dhabi laws, provides a comprehensive framework for calculating alimony for non-Muslim divorcees in the UAE.  By considering various factors, the law ensures that financial support is fair and reflective of each individual’s circumstances.

Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony for women, under the new UAE Family Law in case of divorce by a non-Muslim, is calculated with various variables that are unique in every marriage. 

The following basis is considered for such calculation: 

• Duration of Marriage: This is the first and foremost factor when deciding on the quantum of alimony.

• Wife’s Age: The age at which a wife is divorced also forms a basis for this calculation.

• Financial Position: The financial position of both spouses is taken into account so that fair support may be granted depending on the financial standing and resources each spouse possesses.

• Father’s Contribution for Child Custody: The contributing father’s financial position is considered in regard to the joint children they may have. Thus, he considers whether the father contributes to childcare and how.

• Wife’s Involvement in the Children’s Lives: How much the wife is involved in the children’s lives and her contribution to taking care of and being with the children is weighed.

• Reason for Divorce: It can also be based upon the cause or grounds for divorce.

A major judgment in the UAE Family Law is that a wife will forfeit her claim of alimony if she re-marries. It was one of UAE Decree Law No. 41 of 2022, effective from 1st February 2023, and hence is setting the bar for all non-Muslim divorces in the UAE.

Also, the Family Law is foreseen to be complemented by Executive Regulations in due course to further clarify its application in certain aspects.

Alimony Under Family Law for Non-Muslim Divorces in UAE - FAQ

Yes. In the cases of UAE divorces, women can get alimony under the new Family Law. However it is calculated based on a number of factors.

The new Family Law for divorces in UAE calculates alimony for women based on a number of factors. Among other things, they include: 

  • Years of marriage
  • Wife’s age
  • Financial position of the spouses
  • Father’s financial support towards joint children’s custody
  • The extent of a wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.

No. In fact under the Family Law for UAE divorces, the wife’s right to alimony ends if she remarries.

Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another.

Civil Divorces in UAE – Guide

civil divorce in uae

Civil Divorces in UAE

civil divorce in uae

Divorces for non-Muslim residents of the UAE. are now subject to a new UAE. Civil Personal Status Law.

This new law applies specifically for non-Muslims and will now be the default law for all non-Muslim divorces.  The law is UAE Federal Decree Law No. 41 of 2022. Which came into effect on February 1, 2023.

  • At a high level, the new law states that men and women are equal, in divorce, in terms of their rights and obligations.
  • This means that, among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.
  • Also, both parents, by default, have equal and joint right to custody of their children. 
  • Notably, this right is also granted to children, so that they are not deprived of one parent or another.  
  • Furthermore, irrespective of the type of divorce, women have the right to alimony from their ex-husbands. Which is calculated based on a number of expressed factors.
  • Also, noteworthy, parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law.

Civil Divorces in UAE | FAQ

The alimony for women in non-Muslism divorces are calculated based on a number of factors:
They include, among other things:

  • Years of marriage
  • Wife’s age
  • Financial position of the spouses
  • Father’s financial support towards joint children’s custody
  • The extent of wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.

No. As per the law, the wife’s right to alimony ends in the event she remarries.

Yes. Among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.

Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another. 

Yes. Parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law