Divorce proceedings and the right of custody

You need to let me know the parties' nationality and religion.

The UAE's Sharia-based Personal Status Law covers marriage, divorce, and succession for expats.

DIVORCE PROCESS IN THE UAE: You should either file a case in the UAE. Filing for a divorce in the UAE begins with a reconciliation process.

The Family Guidance i.e. the reconciliation entity determines whether there is sufficient cause for divorce and helps to reach the settlement agreement between the parties where core terms such as legal custody, child support, jewellery, funds...etc., are mutually decided by the parties.

The conciliatory process is mandatory under the law. If the conciliator feels that an agreement is not attainable, she/he refers the case to a judge of the Family Court.

CUSTODY: There are two types of custody, physical (with whom the child stays) and legal (control over the passport and financial responsibility).

Under articles 78, 148 and 155 of the Personal Status Law, a mother would have physical custody of the child/children on divorce until the boy is 11 and the girl 13.

After this, the physical custody could revert to the father, if he applies for it. The father is always the legal guardian of a child under the UAE law (he can control the passport possession of the child and can demand visitation as many times he likes) and part of his role as a guardian is to have financial responsibility for the child.

WIFE MAINTENANCE: Women can claim compensation which is basically a lump sum amount.

CHILD SUPPORT: The only payments made are by the father for the children's education and living expenses, which include rent and salaries for help at home and which are always assessed and determined according to the father's income limited to a maximum of 30% unless the husband is willing to pay more.

The father is responsible for ensuring that the above maintenance is provided to his child following divorce – for the boys until they complete their education, and for girls until they marry.

Dear Questioner,

Based on what I read above from my colleague advice, I believe she gave you a very sound one.

You may also consider the mental and physical conditions of the custodian. In most of the situations, the custody is rendered to the mother.

However, the mother may not be considered fit for the custody if she remarries, becomes insane or is charged with a criminal felony, case in which the father will become the custodian.

Even he, in order to be granted the custody, has to ensure that he has a female to take care of them, such as his mother, sister or another capable wife.

Best regards,

Ahmed Elnaggar

Dear Questioner,

Please note that Sharia Law dictates that the custody of a child - i.e. who the child lives with - is with the mother, until they reach 11 years old if a boy, or 13 years old if a girl.

If a father chooses to apply for custody after those ages, he will most likely succeed in this application.

And there are instances in which custody of a child in the UAE may be transferred to the father before these ages if there are issues of adulterous behaviour on the part of the mother, or where substance and alcohol abuse occurs.

My colleges have given you a good explanation on the subject. Please consider this as my contribution to the discussion.

Please feel free to contact me if you need any further information, guidance or assistance. Thank You.

Regards,

Rajasree Ravivarma

0585013663