INTRODUCTION
This article breaks down the method of calculating alimony for non-Muslim divorcees in the United Arab Emirates (UAE) based on Federal Decree-Law No. (41) of 2022 on Civil Personal Status. This law provides the legal framework for family matters, including civil marriage, divorce, custody, inheritance, and proof of parentage for non-Muslim residents in the UAE.
OVERVIEW OF RELEVANT U.A.E. LAWS AND REGULATIONS
- A.E. Federal Law
In the U.A.E., personal status matters for non-Muslims are subject to Federal Decree-Law No. (41) of 2022 on Civil Personal Status (“Civil Personal Status Law“). Article 9 (Divorcee Alimony) outlines various factors that the relevant court considers to calculate the divorcee’s alimony.
- Cabinet Decision
Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 further explains the consideration of a divorcee’s alimony by the judge, specifically in Article 10 (Alimony).
- Abu Dhabi Law & ADJD Resolution
In Abu Dhabi, Law No. 14/2021 on Personal Status for Non-Muslim Foreigners outlines the criteria for alimony calculation in Article 8 (Financial Support Upon Divorce), which are identical to Article 9 (Divorcee Alimony) of the Civil Personal Status Law. Additionally, Resolution No. (8) of 2022 concerning Marriage and Civil Divorce Procedures covers various aspects of alimony, including calculation factors and finality.
- APPLICABILITY OF LAWS
These laws and regulations apply to non-Muslim citizens of the UAE and non-Muslim residents in the UAE unless they request to apply the laws of their home countries, provided these do not contradict UAE laws and regulations.
UNDERSTANDING ALIMONY
- What is Alimony?
Alimony is the financial compensation requested by the ex-wife upon divorce. For cases involving children, it includes financial support for their education, housing, healthcare, and other expenses that the ex-husband covered during the marriage (Article 11 of the Cabinet Decision).
- Housing During Joint Custody
As per Article 8 of the Cabinet Decision, the judge may order the ex-husband to pay housing allowance to meet the children’s standard of living before the divorce.
- Types of Alimony
According to Article 9 of the Civil Personal Status Law, the ex-wife can apply for alimony separately after obtaining a divorce judgment. She may also file for temporary alimony until receiving her final financial compensation (Article 10 of the Cabinet Decision).
- Calculation of Alimony
Article 9 of the Civil Personal Status Law outlines the factors considered by the judge:
CRITERIA
- Length of Marriage – Alimony increases with the duration of the marriage due to increased financial dependence.
- Ex-wife’s Age – Older ex-wives may receive higher alimony due to fewer job opportunities.
- Financial Situation – An accounting expert evaluates each party’s financial standing, considering income, assets, debts, and liabilities.
- Ex-husband’s Contribution to Divorce – Alimony increases with the ex-husband’s contribution to the divorce, such as errors or neglect.
- Material and Moral Harm – The judge considers any harm caused by the divorce, including damage to reputation or physical injury.
- Financial Damages – This includes loss of job opportunities or income due to the divorce.
- Children’s Custody – The judge may order the ex-husband to bear the costs of the mother’s custody of the children for a maximum of two years.
- Ex-Wife’s Childcare Contribution – Alimony increases with the ex-wife’s commitment to child care.
- Required Documents
The court reviews documents submitted by the ex-wife to demonstrate both parties’ financial positions.
- Finality of Alimony
As per Article 49 of the ADJD resolution, alimony judgments are final and enforceable if the amount is less than AED 500,000.
- Adjustment of Alimony
Alimony can be adjusted annually based on changes in financial or individual circumstances (Article 9 of the Civil Personal Status Law).
- Termination of Alimony
Alimony is terminated if the ex-wife remarries or loses custody of the children.
LEGAL PRECEDENT: CASE NO. 301/2023
In 2023, the Dubai Personal Status Court awarded alimony based on Article 9 factors. The alimony covered the ex-wife’s expenses in her home country, Ethiopia. The court’s decision was as follows:
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 an additional 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.
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