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Financial Arrangements for Children

When a couple decides to divorce there are two main issues to be considered;

  1. The division of assets i.e. money, the family home, and other assets;
  2. Arrangements for children

Our lawyers can advise and assist you in making financial arrangements for your children after you separate or divorce, whether you are divorcing under the laws of England and Wales or local Sharia law. We assist couples with arriving at an amicable settlement regarding child maintenance including accommodation, school fees or daily living expenditure. One of the advantages of agreeing matters between parties is that the decision making power is retained and there is a higher level of flexibility allowed which may not be available if matters progress to court.

Depending on which jurisdiction you choose to divorce in, we will advise you on the relevant factors the courts will consider when deciding on financial arrangements for the children of the family.

Our lawyers  are registered with the UK Solicitors Regulation Authority and the Dubai Legal Affairs Department. As members of Resolution in the UK our family lawyers are committed to embracing their Code of Ethics in family matters.

We are a fully digital law firm and are able to arrange video conferencing if this suits your needs.  As a niche firm, we are highly respected in the region for our divorce and family law expertise.

How are property and assets divided in a divorce?

Several factors are considered when dividing assets upon the breakdown of a marriage, including the length of the marriage, the ages of the parties, the assets of the parties, their respective income and future earning capacities. Our lawyers explain to you the relevance of these factors and the impact they can have on your circumstances.

The courts do not automatically award a 50-50 division of assets upon divorce. We navigate and advise clients as to the settlement they can expect based on their individual circumstances and requirements.

It is imperative for clients to seek advice as to which jurisdiction they should choose for divorce. There may be certain financial advantages and disadvantages in having your divorce case processed in one jurisdiction as opposed to another.  We can advise you as to whether you have the grounds for filing your divorce in a jurisdiction in which you would be entitled to claim a more significant financial settlement.

How is child maintenance dealt with under UAE law?

In the UAE, whilst still married, the father/husband is the guardian of not just the children of the family but also his wife and therefore financially responsible for the whole family, whether the wife is able to financially contribute or not.

By contrast, the mother is the custodian her children in the UAE and receives sole custody of the children unless it is in child’s welfare for her not to continue as custodian of the children.

This segregation of roles impacts the maintenance claims a wife may make at the time of divorce.

Factors such as the mother’s remarriage, the age of the children, and the mother’s capacity to provide the children with a stable and secure upbringing are all factors considered by the court when deciding on custody and maintenance.

The amount of maintenance awarded to the wife is dependent on the income of the husband.  It must meet the needs and requirements of the family after they are no longer residing together as a family.

How is child maintenance dealt with under the laws of England and Wales?

If parties are unable to agree on child maintenance to be received by the parent with custody of the children should be paid, we can assist with the calculation of how much you would likely receive by the Child Maintenance Service or the courts. There are several factors considered, including but not limited to:

  • How many children there are in the family
  • The incomes of the parents
  • How much time they spend residing with each parent
  • Whether any child maintenance is being paid for children from previous relationships

We can advise and represent you in child maintenance claims. If handled efficiently and effectively, you may not be required to travel to the UK for your claim/case and our lawyers can assist you with your case from the UAE.

Will I lose my home if I get divorced?

Unless there is a prenuptial agreement recording the contrary, both parties have the right to reside within the matrimonial home.  Even if the property is in one party’s sole name, the party not named on the deed is entitled to occupy the property.

Our family lawyers encourage couples to try and reach a mutual agreement regarding the matrimonial home, where appropriate. The options available can include the sale of the home and a split of the proceeds or the transfer of the home into a party’s sole name if jointly owned.

If you and your ex-spouse are unable to agree on a division of assets, the court can be asked to intervene and decide how the assets of the family should be divided.  A judge will consider a range of factors when deciding, including but not limited to the needs of any children of the family and the earning capacity of the parties etc. Often an order is made which allows the parent awarded with residence of the children to remain in the matrimonial home until the youngest child of the family completes tertiary education.

What happens to my overseas assets?

Unless a pre or postnuptial agreement states otherwise, any property or assets held abroad are matrimonial property. We will help you and your spouse decide how these are to be divided and contain the same in a settlement agreement.  Throughout the entire process, our priority is to ensure the best interests of our client and any children of the family are secured and protected.

Why should I seek a settlement agreement?

Our family lawyers specialise in negotiating settlement agreements which allow parties to agree upon maintenance matters between themselves, retain control over their case at all times, minimise legal costs, all resulting in greater rate of compliance with any agreement reached.

Our family law team has over ten years’ experience advising expatriates in Dubai or internationally on financial arrangements during a divorce.  To make an appointment, please contact us:

Get in touch today to book your complimentary Wills and Guardianship consultation by clicking here with one of our wills specialists. We are happy to help you.

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