Abu Dhabi, UAEMonday 19 August 2019

Family matters Q&As: can I divorce my husband over his failure to provide for us?

A reader asks if she can separate from her abusive husband and another asks if she can divorce her husband on the grounds of not providing her and their children financial support

My husband has failed to provide maintenance support to my children and me. I asked him to at least provide support for his children but he refused to work and send us money. Can I file for divorce against him because of his failure to perform his obligations as a father?

Article 63/1 of the UAE Personal Status Law provides that a husband should maintain his wife and provide whatever is needed on behalf of the married couple. Article 78/1 of the law says the father shall provide financial support to his children. Accordingly, you may file a divorce case against your husband on the grounds of his failure to fulfil his obligations as a husband and father. You can also file a case to claim financial support for you and your children without also filing for divorce.

We are a Muslim married couple and my husband recently informed me that he has decided to marry another woman. I do not approve of his second marriage. Can I stop his marriage anyway?

Under Sharia, a Muslim man may have four wives. However, he should provide them with equal and fair treatment.

Can I, as a wife, live separately from my husband who is abusive and violent. I have my own employment visa and he does not provide any financial support to me. What can I do if he is hurting me?

There is no concept of separation in the UAE. You can apply for divorce, as physical abuse is one of the grounds for divorce. If there is evidence on your body to suggest abuse, you may report this to police and obtain a medical report. The police complaint and medical report can be used in the divorce case along with your husband’s failure to provide maintenance support to you.

If you have a question for our legal consultant, email media@professionallawyer.me with the subject line 'Family Matters'.

Updated: August 10, 2019 10:23 PM

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