Article 3 | August 2014 : Rights of Women After Dissolution

Rights of Women after Dissolution

by Al Mubasheri  |  August 2014

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Divorce has been made quite complex for the women to attain according to the law. While men remains to have divorce rights without legal intervention, women, in contrast may only be permitted such through a court and are required by federal law to go through guidance and arbitration in all emirates before such divorce is granted.

While divorce for a (Muslim) husband can be accepted by simply saying “I divorce thee” thrice, the wife’s situation is of different affair. The law states that a woman may initiate separation or Khula provided that the separation is a mutually agreed upon contract and compensation to the husband will be the same amount of the dowry given to the wife at the beginning.

On the other hand, a woman may collect recompense if she proves that grave issues are existent within the family dynamics. Such circumstances may permit a wife to gain settlement or compensation in the event that she establishes that the husband exhibits violence and abuse to the wife and other members of the family, is unable to provide and has abandoned the family for a period of 4 months since the wife has requested his presence.

Under the UAE law, the husband has no right to make financial claims from the wife regardless of her income stability even if the husband holds child custodial rights. The opposite is true for the women. It is stated that a wife may seek compensation for moral damages she may go through after the dissolution which may be a result of the husband coercing divorce against her will. The amount of compensation will be calculated as 25% of the husband’s annual income. Second, the compensation that a woman may seek for the abandonment of the husband during the last year of their marriage. Lastly, a wife has the capacity to obtain financial claim during the time of waiting for judgment from the court. The husband is also held responsible for providing maintenance to the child/children that is similar to the standard of living he has provided when the marriage was still intact.

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