A man divorces his wife and avoids paying alimony and the expenses of his children

Youssef Al-Sharif: “A divorced woman can file an alimony suit for her children against her ex-husband while he is outside the state.”

A divorced woman (Arab - 47 years) complained that her husband evaded paying the alimony for her children, and she left the country after a ruling was issued obligating him to pay school fees and legal dues, but he refused and left the country to work in another country, wondering how he was obligated to the expenses and expenses of his children.

This came within a video episode of Legal Adviser, Dr. Youssef Al Sharif, broadcast by "Emirates Today" on its social media platforms, to shed light on the recently issued Personal Status Law.

The questioner said that she “married 20 years ago to a person of her nationality, and bore him three children (17, 15 and 12 years old), and she was residing in the Emirates with her husband and children, and disagreements occurred with him, and things developed into divorce, and she filed a lawsuit against him to claim her legitimate rights from back and alimony. And others, and her ex-husband paid the children’s alimony monthly and in an amicable agreement between them and not through the court, and finally the court ruled in her favor in the case of the backside and financial rights, and opened an executive file, and issued him a seizure, summons and a travel ban.

She added that as soon as she implemented the travel ban, his lawyer contacted her to inform her of his desire to settle and pay part of her dues and the rest in monthly payments, especially since the work of her ex-husband requires a lot of travel, and she learned from his lawyer that he is outside the country, when the travel ban was issued against him and that he wanted to cancel it. To be able to return, a settlement has already been made with the lawyer.

She added that she left the country a short time ago, and then her ex-husband stopped sending any alimony or expenses to schools and others, forcing her to obtain a visit visa to the country to meet him, but she was surprised that he left the country and transferred his work to the company's branch in Bahrain, according to what his lawyer told her, who refused to give her Any other details.

The woman asks how to oblige her ex-husband to pay for his children's expenses, especially since she has not been working since she lost her previous job, and has returned to her country and is currently visiting the state.

For his part, Dr. Youssef Al-Sharif said that the questioner can file an alimony suit for her children against her divorced one even when he is outside the country because he has a chosen domicile in the country and he is his lawyer in accordance with Article (84) of the Civil Transactions Law, and also the jurisdiction to consider this case is held by the UAE judiciary based on a text Clause No. (7) of Article (6) of the UAE Personal Status Law, which states that state courts are competent to hear cases related to personal status that are filed against a foreigner who does not have a home, place of residence, or workplace in the state, if he has A chosen domicile in the country.

He pointed out that if a judgment is issued to her in the Emirates, she will not be able to implement it against her divorced unless he has bank accounts inside the country, and if he does not have it, she can implement the judgment in the country in which he currently resides and circulated there under the implementation of a foreign judgment as he called it Law and in accordance with the Riyadh Agreement.

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