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Types of Personal Status Cases in the UAE and Procedures for Filing Claims

Personal status cases are among the most frequently litigated matters in UAE courts, given their direct impact on familial relationships and the rights of spouses and children. These cases encompass matters such as alimony, custody, visitation, divorce, proof of marriage, and other issues governed by the UAE Personal Status Law.

With the digital transformation of the UAE judicial system, many personal status cases can now be filed electronically, eliminating the need for repeated court visits. This has significantly streamlined procedures and enhanced the experience for litigants. In this comprehensive guide, we explore the most common types of personal status cases in the UAE, the conditions for each, the associated legal procedures, and frequently asked questions.

What are Personal Status Cases?

Personal status cases relate to family relationships between spouses or family members, including disputes concerning:

  1. Marriage and divorce
  2. Alimony (Nafaqah)
  3. Custody (Hadanah)
  4. Visitation and Hosting
  5. Proof of lineage (Nasab)
  6. Proof of marriage
  7. Dissolution of marriage (Faskh)
  8. Khul' (Divorce initiated by the wife)
  9. Guardianship of children (Wilayah)

UAE Personal Status Courts have exclusive jurisdiction over these matters in accordance with the federal laws applicable within the state.

Spousal Alimony Claim (Nafaqah)

A spousal alimony claim is filed when a wife is deprived of the support she is legally entitled to from her husband, which includes:

  1. Food and sustenance
  2. Clothing
  3. Housing (Accommodation)
  4. Medical care
  5. Basic living expenses

Alimony is a statutory right for the wife under UAE law, provided that the marital relationship remains in effect.

When is a Spousal Alimony Claim filed? 

This claim can be filed in the following circumstances:

  1. The husband refuses to provide financial support.
  2. The wife is left without maintenance or financial provision.
  3. The occurrence of marital disputes that have adversely affected alimony payments.
  4. Desertion or abandonment by the husband.

Required Documents:

  1. Marriage contract.
  2. Emirates ID or passport.
  3. Proof of the husband's income (if available).
  4. Any relevant correspondence or records of previous financial transfers.

Alimony Reduction Claim

An alimony reduction claim is an action initiated by the husband or father to request a reduction in the value of previously ordered alimony, in the event of financial or social changes that affect his ability to pay.

These claims encompass:

  1. Spousal alimony (Nafaqat al-Zawja)
  2. Child support (Nafaqat al-Abna’)
  3. Custody fees (Ajr al-Hadanah)
  4. Educational and medical expenses

Grounds for filing an alimony reduction claim:

  1. A decrease in the husband's income.
  2. Loss of employment.
  3. Accumulation of debts and financial liabilities.
  4. Changes in economic circumstances.
  5. The wife's remarriage or the termination of the grounds for entitlement in certain cases.

When does the Court approve an alimony reduction?

 The court considers:

  1. The husband's current financial capacity.
  2. The extent to which his income has been affected.
  3. The children's basic needs.
  4. The financial documents and evidence submitted.

Authentic evidence must be provided, such as:

  1. A recent salary certificate (pay slip).
  2. Proof of termination of service.
  3. Evidence of bank liabilities or loans.

Child Support Claim (Nafaqat al-Saghir)

The child support claim is one of the most common personal status cases in the UAE, aimed at ensuring that children's basic needs are met following a divorce or separation. Child support covers:

  1. Education
  2. Medical care
  3. Food and clothing
  4. Housing
  5. Daily necessities

The court considers several factors, including:

  1. The father's income.
  2. The standard of living.
  3. The number of children.
  4. The child's health and educational requirements.

The mother or the custodian may file a claim for an increase in child support if financial circumstances change or if the children's needs increase over time.

Grounds for Requesting an Increase in Child Support:

  1. Increased educational expenses.
  2. Rising cost of living.
  3. Changes in the father's income.
  4. New medical or therapeutic needs.

When does the Court approve an increase in child support?

 The court typically approves such requests when it is proven that:

  1. The current support is insufficient.
  2. The father's financial situation has improved.
  3. There is a substantiated increase in the child's actual needs.

Claim for Reduction of Child Support

A claim for the reduction of child support is a legal action filed by a father before the Personal Status Court to request a reduction in the value of child support previously ordered by a judicial ruling. This occurs when financial or living circumstances change, affecting his ability to pay the specified amount. This is among the most common personal status cases in the UAE, particularly during economic shifts or a significant decrease in the father's income.

When is a claim for the reduction of child support filed?

 The claim may be filed in the following cases:

  1. A decrease in the father's salary or loss of employment.
  2. An increase in financial liabilities or debts.
  3. The father faces a sudden financial crisis.
  4. Changes in living conditions.
  5. A decrease in business or company income.
  6. The existence of other children who are also entitled to maintenance.

Conditions for Accepting a Claim for Reduction of Child Support:

 For the court to accept the claim, the following must be proven:

  1. A genuine change in financial status.
  2. The inability to continue paying the previously ordered support.
  3. That the reduction request does not jeopardize the child’s essential interests.

The court also considers:

  1. The children’s educational and health needs.
  2. The established standard of living.
  3. The father's current income.
  4. The number of children.

Required Documents for a Child Support Reduction Claim: 

Documentation typically includes:

  1. A copy of the previous child support judgment.
  2. A recent salary certificate.
  3. Proof of termination of service (if applicable).
  4. Bank statements.
  5. Proof of financial liabilities or loans.
  6. Emirates ID or passport.

Does the court always approve the reduction of child support?

 No. The court only approves a reduction if it is convinced of serious, substantiated reasons that genuinely impact the father's financial capacity. The court carefully balances the father's financial ability against the child's fundamental rights. Consequently, the court may:

  1. Approve the reduction.
  2. Reject the claim.
  3. Partially adjust the alimony amount.

Custody Claim (Hadanah)

A custody claim is filed to determine the party most entitled to care for the child following separation or divorce, with the primary consideration always being the best interests of the child.

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Conditions for Custody in the UAE 

The court requires the custodian to meet the following criteria:

  1. Integrity and good conduct (Amanah and good reputation).
  2. Ability to provide adequate care for the child.
  3. Provision of a suitable and safe environment.
  4. Physical and mental well-being.

When is Custody Revoked?

 Custody may be revoked in certain circumstances, such as:

  1. Gross negligence.
  2. Actions that harm the child's interests.
  3. Lack of legal capacity or eligibility.
  4. Traveling in a manner that obstructs the right of visitation.
  5. The custodian’s remarriage, in certain legal cases.

Claim for Revocation of Custody

A parent may resort to filing a claim for the revocation of custody when they believe the current custodian is no longer fit to care for the child.

Grounds for Revocation of Custody:

  1. Negligence.
  2. Mistreatment or abuse.
  3. Psychological instability.
  4. Exposing the child to danger.
  5. Refusal to comply with court-ordered visitation rights.

These grounds must be substantiated before the court through evidence and supporting documentation.

Visitation Claim

A visitation claim is used to regulate the right of a parent to visit the child following separation.

What does a visitation claim include?

  1. Scheduling visitation times.
  2. Determining the location of the visitation.
  3. Determining the duration of the hosting hours.
  4. Regulating visitation during holidays and special occasions.

Through this claim, the court aims to preserve the familial bond between the child and both parents.

Claim for Custody Fees (Ajr al-Hadanah)

This claim is filed to demand the custody fees due to the custodian in exchange for caring for the child post-divorce.

What do custody fees cover?

  1. Daily care.
  2. Educational follow-up.
  3. Health and medical attention.
  4. Basic upbringing requirements.

The court determines the value of these fees based on the specific circumstances of each case.

Child Hosting Claim (Istidafah)

A child hosting claim is a relatively modern legal action in personal status cases. It aims to regulate the right of a parent to host the child for a specified period following separation or divorce, ensuring the child's best interests are met while maintaining familial bonds.

Hosting differs from visitation; it allows the non-custodial parent to spend extended time with the child, which may include overnight stays or official holidays, as determined by the court.

When is a child hosting claim filed? 

This claim may be filed in the following cases:

  1. The custodian refuses to permit hosting.
  2. Disputes regarding the duration of hosting.
  3. The desire of the father or mother to spend more time with the child.
  4. Organizing hosting during official holidays and vacations.

What does the Court consider? 

When adjudicating a hosting claim, the court relies on:

  1. The child's psychological and social well-being.
  2. The child's age.
  3. The eligibility of the party requesting hosting.
  4. The provision of a suitable and safe environment for the child.

Claim for Proof of Marriage

Individuals may resort to filing a claim for the proof of marriage in the following cases:

  1. The marriage contract has not been officially registered.
  2. The marriage certificate has been lost.
  3. The existence of an Urfi (customary) marriage that requires legal recognition.

Importance of a Proof of Marriage Claim: 

This claim is instrumental in:

  1. Establishing marital rights.
  2. Obtaining official documentation.
  3. Legally establishing the lineage (nasab) of children.
  4. Claiming rights to alimony or inheritance.

Claim for Dissolution of Marriage (Faskh)

A claim for the dissolution of marriage (Faskh) differs from a divorce (Talaq). It seeks to terminate the marital relationship due to a legal ground that affects the validity or sustainability of the marriage.

Grounds for Dissolution of Marriage:

  1. Fraud or deception (Ghash or Tadlis).
  2. Fundamental defects.
  3. Inflicting harm upon the other party.
  4. Failure to fulfill the conditions of the marriage contract.

Khul’ Claim

Khul’ is a request initiated by the wife to terminate the marital relationship in exchange for waiving certain Sharia-based financial rights.

When does the wife resort to Khul’?

  1. The impossibility of continuing marital life.
  2. The presence of psychological or social harm.
  3. Frequent disputes and conflicts.

The court reviews the claim after attempting reconciliation between the two parties.