Golden Advice for Husbands to Reduce Risk of Financial Claim

Family Law


Golden Advice for Husbands to Reduce Risk of Financial Claim

Here is a list of golden rules that the husbands may wish to follow, should they need to protect themselves against financial claims by the wife.

1. Proof of Payment

Firstly, it is advised that any payments paid to the wife, including but not limited to the children’s maintenance, rent, the wife’s maintenance, utility bills, allowances, school fees etc. must be paid through traceable means. Traceable means in this context can mean a cheque a telegraphic transfer, s supplementary credit cards or any other means that can be traced through the bank account of the husband as being paid to the wife. This is vital to protecting oneself from the claim of non-maintenance by the wife in case she claims for 3 years backdated amount from the husband at the time of a divorce. Those claims can be refuted by showing the proof of payment. Cash should be avoided as much as possible as cash cannot be traced and hence not proved. This will allow the wife to claim for unpaid maintenance even if she received the same in cash.

2. No Physical violence

Secondly, a husband should never, under any circumstance, afflict any kind of physical violence on the wife. Besides being morally wrong, it goes to painting a negative picture of the husband in the court and the judge can use his discretion to give a higher financial settlement to the wife in light of his physical abuse. Any physical abuse can easily be reported to the police, and recorded in a medical file at any of the government hospitals and hence can be easily proven. This can weaken the husband’s case greatly and hence he should abstain from the same.

3. Recording calls

Some husbands believe that recording phone calls of their wives will help them in the financial matters pertaining to their divorce. This is not correct and in fact, recording phone calls do not help the husband in any way. The court is more inclined to look at documentary proof or witness and not recorded calls.

4. Police report

In the event that the wife inflicts any physical violence on the husband or any physical bodily harm, the husband should immediately go to one of the government hospitals in Dubai and make a medical report of his injuries and the incident. He can report the same at any police station if she wishes to file charges. The injuries, no matter how minor, should be recorded and the husband should give a detailed account of them to the medical examiner. The husband should do this regardless of his desire to pursue a criminal case based on the violence or not. This could prove vital at divorce proceedings.

5. Power of Attorneys

If any Power of Attorney is given to the wife, the husband should prudently cancel the same by going to the notary public with his passport or emirates ID. The cancellation notice issued by the notary Public should be emailed to the wife and she should be made aware of the third fact. A copy can also be sent by courier to make sure the wife has received and acknowledged it. This is important to protect any assets or actions that the wife might be authorized to take action on based on the POA.

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