Inviting the spouses to reconcile before issuing a ruling to separate them

Amendments to the Personal Status Law define 5 cases of loss of alimony for a wife

The recent amendments introduced in the Federal Personal Status Law, presenting the recommendations of the two judgments to the spouses, and inviting them to reconcile before issuing the separation ruling between them. It also identified five cases in which the wife's alimony is waived. What is necessary is a breach of marital obligations, and the judge must take into account the interest of the family in all of this.

In detail, His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State, on 25 August, issued a decree by Federal Law No. (5) of 2020 amending some provisions of Federal Law No. (28) of 2005 regarding personal status, in which the articles were amended ( 56), (71), (72), (100), (120).

Article 56 stipulates that the husband has rights over his wife, including supervising the home, preserving its assets, and breastfeeding his children from her, unless there is an objection.

Article 71 stipulates that the wife's alimony is waived if: she forbids herself from the husband without a legitimate excuse, if she leaves the marital home without a legitimate excuse, if she prevents the husband from entering the marital home without a legitimate excuse, if a ruling or decision is issued by the court restricting her freedom in The husband has no right and is under implementation, if it breaches her marital obligations stipulated by law.

Article (100) specified the mechanism for the occurrence and proof of divorce, as it stipulated that the divorce takes place from the husband or his agent at a private agency or from the wife or her agent at a private agency according to what was agreed upon in the marriage contract, and it must be documented according to the procedures followed in the court.

The divorce is proven before the judge with the testimony of two witnesses or by affirmation, and the judge shall issue his judgment after verifying the availability of either of these two matters.

Divorce is based on the date of recognition unless a previous date is proven to the court, and the consequences of divorce by acknowledgment are referred to Sharia rules.

Article (120) introduced the recommendation of the two judgments to the two spouses, as it stipulated that if the two judgments are unable to reform, the court must present the recommendations of the two judgments to the two spouses and invite them to reconcile before issuing the ruling to separate them. If the spouses reconcile after the two judgments ’recommendation to separate them and before the verdict is issued, then The court proves that reconciliation.

It stipulates that if reconciliation between the two spouses is not possible, and the abuse is on the part of the husband, and the wife is requesting separation, or each of them is a student, the two judgments recommend a separation with a final shot and an appropriate allowance to be paid by the husband without prejudice to any of the marital rights arising from marriage or divorce, and if it is not possible Reconciliation between the two spouses, and the abuse was entirely on the part of the wife, and the husband was the one requesting separation or each of them was a student. The two judgments recommended the team in exchange for a suitable allowance that the wife could pay unless the husband clung to it, and the court takes into account the interest of the family.

If reconciliation between the spouses is not possible, and the abuse is joint, the two arbiters recommend a separation without an allowance or an allowance commensurate with the rate of abuse.

If reconciliation between the spouses is not possible and the situation is ignorant, and the offender is not known, and if the husband is the one requesting the separation, the two arbiters suggest rejecting his lawsuit, and if the wife is the student or both of them are requesting a separation, the two arbiters shall choose what they see appropriate for the family and children in differentiating between them without allowance or He refused to separate them.

Article 2 of the decree stipulates the cancellation of Article (106) of Federal Law No. 28 of 2005, and any provision that contradicts or conflicts with the provisions of this decree-law shall be canceled.

It is worth noting that Article 106 of Federal Law No. (28) of 2005, which was repealed, states that “divorce takes place with the husband’s authorization and is documented by the judge, and every divorce that occurs contrary to the previous clause is proven before the court by evidence or acknowledgment, and the divorce is based on the date of approval, What has not been proven to the court a previous date, and the consequences of divorce by acknowledgment are referred to the Sharia rules. ”

Divorce is proven before the judge with the testimony of two witnesses or by affirmation.

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