Q: I'm an Australian. I have opened a case for divorce in Australia. My wife wants to take me to court in the UAE regarding child maintenance. Has she got a case for more money? A: Nothing prevents your wife from opening a case here. The rest depends on the strategy and execution you worked out…

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Filing a case for higher maintenance and possibility of travel ban

I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).

I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.

I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.

If she opens a court case, will that stop me from leaving? Has she got a case for more money?

Abduraheem Padinhare Kayakalil

Hamdan AlShamsi Lawyers & Legal Consultants

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12 Sep 2019, 07:23

As understood, the divorce proceedings are already initiated at the Australian courts which have principal jurisdiction over the matter.

Now, you are worried about the potential maintenance claim from the wife through the UAE courts and repercussions therein.

Kindly clarify the status of the case initiated in Australia. Did your wife respond to the case? If yes, what is the stand there? Did you try for restitution?

As per our experience, we are in the view that the matter to be handled carefully with a proper strategy to avoid the trap of multiple proceeding.

Nothing prevents your wife from opening a case here. The rest depends on the strategy and execution you worked out.

Feel free to reach us on phone with further details.

12 Sep 2019, 08:32

Thanks so much for your response.

In Australia, divorce proceedings are separate from any financial considerations.

There are only two reasons a spouse could contest a divorce, if you are married less than two years, or have not been separated for at least one year.

I have satisfied both conditions, and so she cannot appeal the divorce (although she thinks she can if she uses the UAE courts).

She now wants to use the UAE courts to try to claim more money from me.

As far as I can see, the Personal Law of the UAE states a "maximum of 30%" of the husband's salary to child maintenance.

I've calculated I'm paying 35%, and have bank statements to prove it. I want to apply Australian Child Maintenance laws, but she thinks she can get more using the UAE courts.

I also heard that a UAE court case regarding family matters can take between 8 and 24 months, and I am due to permanently leave next July.

I'm worried if she opens a case, I won't be allowed to leave. I'm also trying to know if she has a case for more money than I'm currently paying.

12 Sep 2019, 09:01

Well, there is no fixation by law. It varies from case to case upon the discretion of the court after looking at the facts cumulatively.

Primarily, I am in the opinion that your worries can be mitigated through appropriated strategy.

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Abdulla Ulliyappachal

Abdulrahman Alaamri Advocates & Legal Consultants

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12 Sep 2019, 13:43

Normally, on a maintenance case only, there will not be a travel ban except court specifically order to it or at the time of execution of a judgement.

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