Abu Dhabi court orders divorced parents to share child support equally under foreign law

An Abu Dhabi court has ordered a divorced German couple to equally share the financial support for their children, including monthly maintenance, school fees, health insurance, medical treatment, and transportation costs.

The ruling, issued on June 23, is notable because the court applied German law to determine the children's maintenance after the father specifically requested it and submitted a certified copy of the relevant German legislation.

The Abu Dhabi Civil Family Court ordered both parents to each pay half of Dh4,000 monthly maintenance awarded for one daughter and Dh5,000 for the other, while also splitting the children's education, healthcare, transport and other expenses equally. The court also relied on age-based maintenance provisions in the German Civil Code when determining the amounts.

The couple divorced in Germany and have two daughters, aged five and 12. The father brought the maintenance claim before the Abu Dhabi Civil Family Court, asking for the application of German law and for both parents to contribute financially to the children's support according to their means.

The mother challenged the Abu Dhabi court's territorial jurisdiction, arguing that both parties lived in Dubai and that the case should be heard by the Dubai Courts.

The Abu Dhabi court rejected the objection, finding that the father had a valid residence in Abu Dhabi and that both parties fell within the scope of the legislation governing the Civil Family Court.

In considering whether German law could be used, the court referred to Article 1(3) of Federal Law No. 41 of 2022 on Personal Status, which provides that the relevant personal-status provisions apply to non-nationals unless one of them insists on applying their own law, or another law agreed upon by the parties where permitted by UAE legislation.

The judgement noted that foreigners may invoke their own law in matters including marriage, divorce, inheritance, wills and proof of parentage.

As the father was German, had expressly requested the application of German law, submitted a certified copy of the law and paid the prescribed fee, the court ruled that German law should apply to the case.

It cited Article 1602, which provides for a minor child's right to claim maintenance from their parents where the child's own income or assets are insufficient. It also referred to Article 1603, under which parents who are responsible for supporting their minor children must use their available funds equally for their maintenance, subject to their other obligations.

The court also cited Article 1610, which provides that the amount of maintenance is determined according to the circumstances of the person entitled to it, and Article 1612, which sets monthly maintenance amounts according to the child's age.

The judgement said the five-year-old daughter fell within the first age bracket under the German system, entitling her to 87 per cent of the minimum child maintenance, while the 12-year-old fell within a bracket corresponding to 100 per cent of the minimum amount.

The court found that joint custody was in place, with the father having custody from Friday to Sunday during the school year and sharing custody during school holidays.

It said the children required financial support and that there was no evidence that they had sufficient funds of their own.

It therefore ordered both parents to contribute equally. It also ordered the parents to split equally the children's school fees, health insurance, medical expenses, transport costs and all other expenses relating to the daughters.