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The Personal Status Law in the United Arab Emirates regulates the rights of the wife after divorce in the UAE in detail, aiming to achieve balance between all parties and preserve dignity, humanity, and family stability. These rights include financial and legal entitlements related to the dowry, deferred dowry, alimony, custody, and housing. These rights may vary depending on the type of marriage, duration of the marital life, living conditions, and whether there are children.
Understanding these rights is an essential step to ensure proper legal procedures and avoid disputes. Therefore, one must refer to the legislative texts and relevant regulations that define the mechanisms for obtaining post-divorce entitlements.
Rights of the Wife After Divorce in the UAE
The Rights of the Wife After Divorce in the UAE are based on the principle of fairness, taking into account her needs and circumstances after the marital relationship ends, especially if she is responsible for raising children.
These rights include a set of financial and personal entitlements regulated by the Personal Status Courts according to the UAE Personal Status Law. They are determined in a way that ensures the welfare of the family and the stability of the children after separation.
The Right to Dowry
The dowry is one of the pillars of the marriage contract and is considered the exclusive property of the wife.
If the wife has not received the full dowry before divorce, she has the right to claim it after divorce, whether amicably or through court.
The dowry is divided into:
- Immediate Dowry: Paid at the time of marriage.
- Deferred Dowry: Becomes due upon divorce or death.
If the husband refuses to pay the deferred dowry, the wife may refer the matter to court for enforcement.
Deferred Dowry
Deferred dowry is considered a financial debt that the husband is obligated to pay. It is paid to the wife after divorce unless there is an agreement stating otherwise.
The wife may resort to court to seize the husband’s assets or accounts if he refuses to pay.
This requires:
- Proof of the deferred dowry amount
- Determination of the husband’s ability to pay
- Issuing a binding enforcement order
Iddah Alimony
The waiting period (Iddah) is a transitional phase after divorce during which the wife must not remarry.
During this period, the wife (and children if present) are entitled to financial support including:
- Food
- Housing
- Clothing
The amount is determined based on the husband’s financial status and the family’s living conditions during the marriage.
Mut’ah Alimony
The purpose of Mut’ah is to compensate the wife for the effects of divorce and provide social stability.
It is determined based on:
- Length of the marriage
- Husband’s income
- Degree of harm suffered by the wife
It may be a lump-sum payment or paid over time.
Right to Gold and Personal Property
Jewelry, gifts, and personal items that the wife received during marriage are considered her private property and are not returned after divorce.
The husband cannot request them back unless he proves they do not belong to her.
Regarding shared assets, settlement depends on documented financial contribution.
Right to Housing
If the wife has custody of the children, the law requires the husband to provide suitable housing for her and the children after divorce.
This may be a residence provided by the husband or a monthly housing allowance. The goal is to ensure the children’s emotional and social stability.
Right to Child Custody
Custody is generally granted to the mother in most cases, as early childhood care is considered more stable with her.
However, the father remains responsible for financial support, education, and healthcare.
Custody may later be reviewed based on the best interest of the child.
Legal and Financial Rights of the Wife After Divorce In The UAE
These may include:
- Monthly child support
- Education expenses
- Health insurance and medical treatment
- Custody allowance
- Housing allowance or provided residence
If the husband fails to comply, the court may:
- Enforce asset seizure
- Issue a travel ban
- Impose fines or imprisonment
Relinquishing Custody After Divorce in the UAE
Waiving custody is not permitted if it harms the children. If harm is later proven, custody may be reconsidered in court.
The primary criterion is always the welfare of the child.
Professional Legal Support to Protect Your Rights – Legal Advice US
In many cases, wives face difficulty identifying their rights or handling legal procedures, especially when there are disputes over alimony, custody, or deferred dowry. Legal Advice US provides reliable legal consultations and represents clients before Personal Status Courts across the UAE. We clarify legal rights, prepare documents, and follow all procedures to ensure the wife receives her full legal entitlements without loss.
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Conclusion
The rights of the wife after divorce in the UAE are governed by clear legal regulations that ensure social stability and fairness after the marital relationship ends.
It is always advisable to review the legal procedures and official documents to ensure full entitlement to rights.
FAQs
1. What are the steps to file for divorce in the UAE and can the request be submitted online?
The process begins with submitting a family guidance request through the Personal Status Court, which can be submitted online. If no settlement is reached, the case is transferred to court.
2. What are the women rights after divorce in the UAE?
They include dowry, deferred dowry, Iddah alimony, Mut’ah alimony, custody of children, and housing.
3. When do the rights of a divorced woman expire?
They may expire if the wife waives them willingly or through a court ruling based on proven conditions.
4. What is the penalty for not paying alimony in the UAE?
Penalties may include fines, asset seizure, travel ban, or imprisonment.
5. What does the wife receive if she requests divorce?
This depends on the case, but generally she receives her full financial entitlements unless there is legally proven misconduct.
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