Divorced women said that they faced demands for exaggerated marital expenses, or that were classified under the category of “luxury”, that did not take into account their limited income, noting that they did not represent basic needs of the divorced woman or her children.
They emphasized that divorced women resort to this type of claims with the aim of exhausting them financially, to take revenge on them, and to prevent them from associating with other wives, noting their demand for payment of phone bills, traffic offenses, registering their children in expensive schools, and others, demanding the development of legal frameworks governing the acceptance of such cases in The courts.
Legal counsel and family advisers emphasized the prevalence of this type of “incapacitating claims” in the court yards, with the aim of “revenge” or “intrigue”, but the judiciary rejects them, and approves what preserves the divorced woman and her children a decent life, according to the capacity and income of the divorced.
Emirates Today monitored requests submitted by women in cases of divorce before the courts, including obligating the divorced to pay the back of the dowry, the waiting period, the maintenance of the waiting period, the maintenance of the waiting period, the late marital alimony, the maintenance of the children, the two feasts clothing, the winter and summer clothing, the payment of the nursery fee, and the provision of A maid, a car, an independent foster residence, private tutoring costs, sanitation fees, car ownership renewal fees, and payment of traffic fines.
In detail, the divorced people: Muhammad Hussein, Khaled Habash, and Saif Abu Al-Saud indicated that their divorcees believed that divorce would bring them alimony and money that would make them enjoy a luxurious life, but the truth is that the divorcee pays the expenses of divorce in a way that exceeds his ability to continue his life naturally, especially if his salary is limited Or has other financial obligations and expenses, such as having a second wife, bank loans, or accumulated bills.
They added that the law specified the expenses of the divorced woman in a way that does not constitute a burden on the divorced, but some lawyers are working to add incapacitating or exaggerated expenses to the case sheet, which leads to the divorced person bearing significant financial burdens, if the court approves them.
And they demanded the development of legal frameworks for alimony for the divorced woman and children, so that it is specific and does not harm the absolute financially, socially and psychologically, and at the same time preserves the rights of the divorced woman and her children.
They explained that they faced great problems in meeting the requests of their divorced women, after they filed exaggerated cases before the judicial authorities, including expenses not mentioned in the law, including the vehicle registration expense, vehicle insurance expense, medical expenses, travel expenses abroad, and tuition fees in exorbitant private schools. Alimony for the internet and mobile phone, alimony for the second maid, and for the foster home.
For its part, the Federal Supreme Court affirmed that the legislation in the state took into account the income of the person obligated to spend, in compliance with what was stipulated by the wise street, taking into account the living and economic situation before the divorce, and if this situation changed between the date of the alimony due and the date of eliminating it, then what is adopted is its estimation at the time of entitlement, not at the time. The judiciary, with the need to observe mediation and moderation.
She emphasized in the merits of a number of alimony cases that it is permissible to increase and decrease alimony according to changing conditions, provided that one year has passed since the imposition of alimony, except in exceptional circumstances.
And she continued, “The increase or decrease of alimony is taken into account from the date of the judicial claim, and there is no oversight of the trial court as long as it establishes its judiciary on reasonable and acceptable reasons, after being informed of the conditions of the two parties, whether easy or difficult, and the economic and social situation in time and place, and all the associated circumstances.”
She pointed out that «the constitution has made the issue of expenditures and their estimation according to the legal, social and economic controls, and according to custom, according to the capacity of the husband or father and his ability and financial ability.
Lawyers emphasized that “divorced women resorting to raising the ceiling of alimony through crippling requests that burden the divorced’s budget, is considered illegal exploitation,” as it “includes requests that are not stipulated in the Personal Status Law.”
They revealed that new requests have appeared, under the name of “winter and summer” expense, including the expenses of winter and summer clothes for foster children, in addition to sanitation expenses, the Internet, private study shares, the phone bill, the maid’s salary, the renewal of the vehicle, traffic offenses, and others.
They added that the judiciary usually rejects illogical alimony requests that are not stipulated by Islamic law or the law, based on the texts laid down by the Emirati legislator, and based on the financial position of the absolute, which contributed to the amendment of many alimony requests and prevented them from harming the absolute.
The competent courts in the state rejected divorce and alimony lawsuits filed by women for harm, due to their inability to prove that they had been harmed, and ruled that they were obliged to obey the spouse.
The lawyer and legal advisor, Dr. Hamad Al-Dabbani, said that some divorced women exaggerate the requests for alimony, especially if the divorced man was a sponsor for several commercial licenses, pointing out that one of his clients had 12 licenses, and when his ex-wife filed an alimony lawsuit against him, she revealed that he owns those licenses before The judiciary, so he ruled her 20 thousand dirhams a monthly expense, although he did not get this amount per month from his guarantee of licenses, which caused him a financial crisis.
He added that «the law gives the divorced woman the right to file a lawsuit to demand an increase in alimony annually, which exhausts the divorced financially, especially if the first lawsuit’s requests are exaggerated. In return, the divorced person has the right to file a lawsuit one year after the first lawsuit, to demand a reduction in the value of the alimony, based on the case’s developments.
He explained that «some delude the divorced woman of the possibility of increasing the list of her requests, and adding new expenses for her, considering that this is her right, which makes the divorced woman unable to marry another woman».
He stated that additional requests for alimony are subject to consideration before the courts, taking into account the possibility of the divorced, and the court’s conviction of the harm caused to the divorced woman.
He added that «the divorced woman has the right to request the back of the dowry, maintenance of children, accommodation, the maid, and the car, and this is a right guaranteed to her by law, but she does not have the right to compel her divorced woman to pay annual renewal fees for the vehicle, pay her traffic offenses, bring in a second maid, and pay her phone bill.
The lawyer and legal advisor, Ramzi al-Ajouz, pointed out that “some divorced women use alimony as a means to exhaust their former partners, by exaggerating their requests, forgetting that these demands are the rights of children and not theirs.”
The counselor on family affairs, Dr. Abdul Latif Al-Azizi, said that “behind some of the alimony claims and their consequences is a kind of intrigue and the desire to take revenge on the other side, as some women demand exaggerated expenses, with the aim of financially exhausting their former husbands and preventing them from remarrying with others.”
He pointed out that «some divorced women are continuing to increase the salaries of their divorcees, to file new lawsuits in the event that they obtain a salary increase, to increase their expenses».
He added that «this type of behavior does not generalize in all cases.
Al-Azizi called for organizing lectures and workshops to reduce divorce cases, explaining the rights of the two parties after the divorce, and preserving the good and cooperative relationship between them, in order to preserve the children and their future after the end of the marital relationship.
• «Federal Supreme»: «The calculation of alimony starts from the date of the judicial claim.
• Legal: “The requests of incapacitating divorced women are illegal exploitation.”
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