Finance, Property & Assets in UAE for a Husband & Wife

In terms of financial gains there are no laws with respect to divorce settlement the property assets will remain in the name of their respective owners and co-owned property will be dealt under general civil laws.

The finances and maintenance of spouses under UAE laws cannot be claimed by husband to his wife even when he holds custody of the children but a wife may do so even if she has wealth.

An application has to be made to evaluate the financial position of a couple that is planning separation. If the parties are muslim and are married to enforce it an application has to be made by the receiving party and not the giving party which can either be husband or wife who is going to divorce cannot enforce a settlement.

Any party can apply to the court for sale of their jointly owned property or for someone else to buy out shares. The basic assumption is that both parties made equal payments in property purchase but if they one party made higher investment then capital share will be large. However UAE courts have jurisdiction over property owned within UAE and not abroad otherwise jointly owned bank accounts and some other assets will be dealt the same.

The claims that can be made by the wife are as follows,

1- The first claim can be made for not supporting her during the last year
2- Second claim can be made for the supporting her during the waiting period called “Nafket Eda”.
3- To cover moral damage of the wife after being divorced by her husband against her will a claim can be made by her covering 25% to 40% of husbands salary or income called “Nafket Motaa”.

As per child maintenance rules for a divorce in UAE implies that either a claim for a carer’s allowance be made depending on the husbands income or the standard of living for a child would be equal to what he already had which includes schooling, medical, rent and other expenses.