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Can a working woman claim maintenance?

Can a working woman claim maintenance?

After the dissolution of marriage, a woman finds herself in a financial trap wherein fulfilling her basic or minimum needs looks very difficult. This situation becomes worse when there are dependent children or parents also. At this juncture, it becomes a legal duty of a husband to provide financial support to his dependents in the form of “maintenance”. In this article, our top family lawyers of UAE will discuss laws surrounding maintenance and explore the right of working women to claim financial support.

What is maintenance?
In the words of our best family lawyers of Dubai, the term maintenance refers to the financial support provided by a husband to her spouse after judicial separation or divorce. It is a legal right of women to claim maintenance for fulfilling their basic needs, protection of property, and recovering the cost of litigation. In UAE, the maintenance is governed by the provisions of Federal Law No. (28) of 2005 (UAE Personal Status Law).

Article 124 of UAE Personal Status Law casts a duty on the husband to provide financial support to his wife even before the termination of the marriage. If the husband doesn’t have the required funds to maintain her wife, it becomes a legal ground to seek separation. The husband can get a respite of the maximum period of 1 month by making a plea of insolvency with supporting evidence. In the absence of adequate evidence or non-compliance with the familial duties, the judge can immediately pass a decree of divorce.

Right of working women to claim maintenance
As discussed above, the husband is under a legal duty to maintain her wife and children. As per Article 63 of the Personal Status Law-

  1. Alimony includes basic needs, such as food, shelter, clothing, and other essential services required by the family;
  2. The amount of alimony or maintenance is determined after taking into consideration some factors, such as the financial condition of the wife, circumstances of the divorce, and the needs of other dependents, if any.
  3. While determining the kinds of maintenance, suggestions, and inputs should be taken from eyewitness

From a perusal of Article 63, it is clear that working women will also be entitled to alimony. As suggested by our top family lawyers of Dubai, the quantum of maintenance may be low, considering her good and stable financial condition.

Our top family lawyers of Dubai have suggested that the maintenance becomes due from the moment the husband abstains from financially supporting her wife. As per Article 67, this right is unfettered even without a court judgment or mutual settlement. Article 78 of Personal Status Law conferred the wife with a right to claim maintenance for her father and children also. The father must maintain his girl child till marriage and boys till adulthood.

How to claim maintenance?
The wife should approach the Family Orientation Committee with the proof of divorce. The committee will try to make an amicable settlement between the parties. In case of failure, it will issue a no-objection certificate (NOC), and a case will register with the Personal Status Court.

The right to claim maintenance is one of the basic and essential rights of women after the termination of a marriage. Even a working woman is also entitled to receive the same. Our best lawyers of Dubai have strongly suggested taking legal assistance before presenting your case to the Family Guidance Committee.

BSB Legal is the best family law firm in UAE, having rich experience in personal matters. To know further, contact our best lawyers below-

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