One of the most prominent amendments to the Federal Personal Status Law No.(41) of 2024:
Since the family is the basic nucleus of society, and since personal status matters are among the most important issues affecting the entity of society, the legislator has given special importance to personal status matters.
The amendments to the Federal Personal Status Law No. (28) of 2005 are in the direction of developing society and establishing the rights of each member of the family.
Therefore, the legislator was concerned with amending the Personal Status Law No. (28) of 2005 (“the previous law”), realizing the changes in personal status matters and contributing to achieving stability for the family and thus society as a whole.
We at Samira Al Zarooni Advocates and Legal Consultancy (SAZ Advocates), are going to shed light on the most important amendments included in the Federal Personal Status Law No. (41) of 2024 (“the New Law”), in a series of regular periodic articles, as part of our educational, awareness-raising and informative role towards society.
Wife’s right for compensation in undocumented divorce.
In this article, we will discuss the amendment related to the wife’s right to claim compensation in the event that the husband divorces her, and does not document this divorce according to the procedures stipulated in the new law:
This amendment is considered one of the most important and prominent amendments included in the new law, and the legislator did well to address this important issue, which was not addressed by the old law despite its importance.
As some husbands have made it a habit to divorce without informing the wife of it, and without informing the wife of the return if it occurs, which is considered a type of harm to the wife because it makes the wife in doubt: like someone who has no husband, and is not a widow.
The new law, in Article No. (58/1), obliges the husband to document the divorce with the competent court within a period of (15) fifteen days from the date of its occurrence.
The aforementioned article also stipulates in paragraph (2) that the wife is entitled to compensation equivalent to the alimony for the period from the date of the divorce to the date of its documentation, in the event that the husband does not comply with what is required by clause (1) of the same article.
SAZ Advocates are ready to assist you in maintaining and recovering your legal rights – Contact Us now.
Checkout our legal awareness videos on YouTube – Click here
