Divorce case
Question: I am a Muslim woman, married to a Muslim man for two years and I have no children from him. Currently, I am seven months’ pregnant, but I am at odds with my husband and I want a divorce. My question is, in the event of a divorce, do I legally have the right to demand housing allowance and alimony for my child? How long does the Sharia court take to decide on such cases? Please advice
Answer: Firstly, you have the right to request for the following alimonies but not limited to:
A) Housing alimony with furniture, water and electricity, telephone and internet bills.
B) Monthly alimony for the child and later on alimony for his or her education.
C) Alimony for you to foster the child.
Articles (78), (79) and (148) of the UAE Personal Status law state:
• Alimony of the child who has no financial resources is on his or her father, until the marriage of the girl or until the boy reaches the age at which his fellow-mates earn their living, unless he is a student continuing with his studies with normal success.
• The suckling expenses of the child are on the father, should the mother be unable to nurture him or her, and this is considered as alimony.
• The father or else another tutor of the fostered child must look after his or her affairs, discipline, orientation and education.
• Whoever is in charge of the fostered child’s alimony must provide the rent for a woman fosterer unless the latter owns a dwelling in which she resides or is affected for this purpose.
D) Idda Alimony for you until giving birth, according to Article 69 of the UAE Law (alimony and sheltering, during the waiting period — ‘idda’), are due to the divorcee in a reversible divorce, in a non-retractable divorce if the divorced woman is pregnant).
Read more
- Ask the Law: Under UAE Labour Law, am I entitled to maternity leave during probation?
- Ask the Law: Do I have the right to buy a property in Dubai, jointly with my wife and son?
- Ask the Law: Can an employer deny end-of-service benefits if an employee is dismissed from work?
- Ask the Law: Can I take legal action against my divorced wife if she prevents me from meeting my daughter?
E) Providing a maid with the related costs.
F) While the case is still going on, you can request for an urgent and temporary alimony to you and your child until a final, enforceable judgement is issued. Article 68 of the Law, the judge shall, upon request of the wife, order to pay her a temporary alimony and his decision shall be executed summarily and by force of law.
Secondly, there are three stages of the trial: The first instance court, appeal and cassation court. The period for each of these stages depends on the situation.
