Learn about the #HierarchyofCourtinUAE and how family matters are handled in the #UAEFamilyCourt. Expert insights by Dr. Hassan Elhais on appeals and legal procedures. For more information visit us @ https://www.professionallawyer.me/legal-articles/family-law/hierarchy-in-family-court-and-the-process-to-appeal
00:00Breakup to Pay Up, Child Support and Alimony Under UAE Law
00:03The UAE law states that after a divorce, the father is obligated to provide child support for his children under both Muslim law and non-Muslim law.
00:14Similarly, the husband may be ordered by the court to make payments to the wife in the form of alimony, unpaid maintenance, compensation, etc.
00:23Although these court-ordered payments are compulsory, there may be instances where the payments are not carried out by the husband.
00:30In this video, we will understand the steps that will be undertaken by the court to ensure that court-ordered child support and maintenance payments are made by the father.
00:40What are the various heads under which child support payment is ordered by the court?
00:44Under UAE family law for Muslims, fathers must provide child support before and after divorce.
00:50As per Article 95 of Federal Decree Law No. 41 of 2024, Personal Status Law,
00:57maintenance includes food, clothing, housing, education, and medical care.
01:03Courts may also require fathers to pay for rent, schooling, transport, health insurance, and necessary domestic help.
01:10What are the various heads under which the wife receives alimony from the husband after a divorce?
01:16Under Article 99 of the Personal Status Law, it is obligatory for the husband to provide for maintenance of the wife during the course of their marriage.
01:25This maintenance includes all the basic necessities under Article 95.
01:30However, this obligation ends with the dissolution of the marriage contract.
01:33Nevertheless, the court may order payment to the wife under various heads as listed below.
01:381. Payment of backdated expenses for up to two years under Article 99.
01:443. If the husband has not provided for the wife during the course of their marriage,
01:49the court may order the husband to pay the backdated expenses for up to two years.
01:53It is pertinent to note that a woman may be disqualified from receiving maintenance under backdated expenses
02:00as per Article 103 of the Personal Status Law
02:04if it is proven that she refused to carry out her marital duties towards her husband.
02:092. Payment of alimony and housing for the waiting period under Article 101.
02:15The court may order the husband to pay a rental allowance and maintenance for the waiting period,
02:18depending on the type of divorce and whether the wife is pregnant.
02:233. Payment of divorce compensation under Article 102.
02:27The husband may be ordered to pay compensation to the wife if the marriage was consummated
02:31and the divorce is at the sole discretion of the husband and without any request or fault from the wife.
02:374. Temporary alimony.
02:40The court may also order the payment of temporary alimony for the maintenance of the wife and children
02:45during the course of the divorce proceedings.
02:475. Child support and maintenance under non-Muslim laws
02:50The non-Muslim family laws, Federal Decree Law No. 41 of 2022, Civil Status Law,
02:59and Abu Dhabi Law No. 14 of 2021, Abu Dhabi Law,
03:03are based on common law principles promoting gender equality and equal custody rights.
03:09Husbands and wives share equal responsibilities toward each other and their children.
03:13However, if the wife cannot support the children,
03:16the court may order the husband to pay child support and post-divorce alimony,
03:21considering factors such as marriage duration, age, finances, fault, damages, custody costs,
03:27and the wife's diligence as a mother.
03:296. Bridging the gap between court judgments and enforcement
03:32The execution department of the personal status courts handles the enforcement of family-related judgments.
03:39To execute a judgment, a party must register an execution case before the execution court.
03:44Once filed, the court notifies the husband to make payment within the specified period.
03:50If he fails to pay child support or alimony,
03:53the applicant may request fund attachment via central bank investigation,
03:58block his transactions, impose a travel ban,
04:00or seek an arrest warrant for non-compliance.
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