- Legal Articles
- Ask Elhais
February 09, 2017|
Question: My husband abandoned me and my baby and he did not pay a single dirham for the delivery, so I want to know the consequences for him if I file a case against him. Am I eligible for financial support from him?
Answer: As per Article 6/2 of UAE Federal Law No.28 of 2005, the Personal Status Law, you have the right to file a case in the UAE to claim divorce from your husband based on the fact that he has abandoned or deserted you for more than six months. You would also have the right to claim compensation, or Nafakkit Muttaa, as per Article 140 of the same law. This article states that "if the husband divorced his wife, who married him in a correct marriage without any reason or demand on her side, she would deserve compensation after divorce in addition to the period of waiting expenses, according to the situation of the husband and of what does not exceed her counterpart's expense, and the judge has the right to allow the husband to pay by instalment according to the richness or the poverty of the husband". In addition to this compensation, you also have the right to claim other financial rights such as unpaid dowry, waiting period (Iddat) expenses, unpaid financial support backdated to 36 months et cetera. Since your child is still under custody age you would also be entitled to keep custody of the child and your husband would need to provide financial support for his/her upbringing. Even if your husband does not have any money, the court in most cases would enforce him to pay the minimum amount. You should note that you would need to be physically present in the UAE to file your case.
Question: I separated from my husband last year. Even though we have not officially gone to the courts for divorce proceedings, do I have the right to claim expenses for my children?
Answer: As outlined in the Personal Status Law No?5 of 2005, Article 174, a husband is regarded as the guardian, who is liable for the day-to-day expenses of his children. In the event of a divorce, custody of the children goes to the mother (unless there are special circumstances) as long as the children are under custody age (11 for a boy; 13 for a girl).
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.