National Women’s Authority Report Reveals Procedures for Divorced Woman to Obtain Financial Rights

The Women’s Complaints Office of the National Council of Women revealed in a report the legal procedures regarding women’s financial rights after divorce, how divorced women can obtain their rights and how these rights can be assessed. The report answered the most controversial questions.

The Women’s Complaints Office explained that divorce has great social, psychological, economic and legal effects on both sides, especially when there are children from that marriage. Therefore, the basic principle is that divorce or divorce when it is impossible to prosecute the marriage for irreparable serious harm.

The report continues: The types of divorce can be divided in terms of whether the marital relationship reverts to irrevocable and irrevocable divorce in its minor and major forms, and they are as follows: The woman herself is infallible unless the divorce be in one of the cases of irrevocable divorce that we will mention next, as well as divorce for non-expense by decision of the judge.

As for Baynunah’s irrevocable minor divorce, it is the one that requires the return of the marital relationship after it, a new marriage contract and dowry, and a copy of the revocable divorce after the end of the waiting period without reconsideration, the divorce against remuneration, divorce before actual consumption and divorce by court decision, except divorce for lack of maintenance.

While irrevocable divorce is major Baynunah divorce after which the marital relationship can only be restored if the wife had another real marriage then the husband died or divorced for some other reason and the divorce was photographed for the third time.

Regarding pecuniary rights of divorced woman, these rights are spousal support due for a past period, maintenance of waiting period, enjoyment and postponement of dowry, and each pecuniary right has terms and conditions of obtaining. .

First: spousal support due for a period prior to the divorce is the right of the divorced woman if one of the types of divorce mentioned is incumbent on her unless she has waived this spousal support, and this spousal support is a debt to the divorced, taking into account that it is not possible to claim alimony before taking legal action for a period of more than one year Alimony includes food, clothing, housing, treatment costs and other things that are required by Shariah This alimony is estimated according to the condition at the time of his right, whether easy or difficult, provided that it is not less in case of hardship that she does not satisfy her necessary needs.

The report continues: Second, maintaining the waiting period is the divorced woman’s right if the divorce is irrevocable, whether major or minor, unless she has waived it or the divorce is not took place before its consumption, because the divorced woman does not count from this divorce, and that the alimony is also a debt towards the divorced, taking into account the fact that it is not possible to claim the maintenance of the period of waiting for a period of more than one year from the date of the divorce.

And thirdly, pleasure is a right for the divorced woman if a final divorce has taken place against her, whether major or minor, and this without her consent and not because of her part, unless she renounced or that the divorce took place before consumption. because there is no pleasure for the divorced woman in this case, or the court decided to give up all financial rights of the divorced woman or some of them in the divorce proceedings due to the abuse of the woman, and the amount of the pleasure is estimated at the maintenance of at least two years, and in its appreciation, it is taken into account the state of the divorced person, ease or arduousness, the circumstances of the divorce and the duration of the marriage.

Fourth: Deferred dowry: It is the right of the divorced woman if a final divorce falls to her, whether major or minor, unless she has waived it or the court has decided to remove all or part of the pecuniary rights of the divorced woman in the petition for divorce because of the abuse of the wife. You only deserve half the friendship.

The Women’s Complaints Bureau report states that it is customary to divide mahr or dowry into an accelerated portion which is paid at the time of marriage and a deferred portion which is exacted by divorce or death.

He revealed the procedures for claiming women’s rights after divorce, as all these rights can be claimed in a court case if an amicable settlement between the two parties is not possible, and the documents required for them are basic documents (such as card, marriage certificate, divorce certificate or divorce decree), and it is the rights of those who signed the divorce Except for the rights children.

Here are the provisions of the law relating to the above, because article 1 of law 25 of 1920 replaced by law 100 of 1985 stipulates that “the wife is obliged to pay alimony from her husband from the date of valid contract if she surrenders to him, even if she is a judge, even if she is rich or differs from him in religion, The illness of the wife does not prevent her from being entitled to alimony, and the alimony Alimony includes food, clothing, lodging, treatment costs and the like as stipulated by Shariah, and the wife is not obligated to pay alimony if she apostasy, or chooses to refuse to surrender without right , or she is forced to do so because not by the husband, or she left without her husband’s permission, and her leaving the marital home without her husband’s permission is not considered grounds for confiscation of alimony for the wife in cases where this is permitted under Sharia, which is stipulated by an established or necessary text or custom, nor does she go out for legitimate work unless it appears that her use of this right The conditional is tainted with an abuse of law, or contrary to the interest of the family, and that the husband asked her not to do so.

The wife’s alimony is considered a debt to the husband from the date of his refusal to spend when it is obligatory, and it falls only with execution or discharge, and the alimony suit does not allow not longer than one year, the end of which is the date of filing the lawsuit, and it is not accepted from the husband to stick to the compensation between the wife’s alimony and a debt he owes to her except beyond that which satisfies her necessities, and the wife’s alimony debt takes precedence over all the husband’s money, and takes precedence in rank over other alimony debts.

Article 2 of the same law stipulates that “a divorced woman who is entitled to alimony is considered as a debt as in the previous article from the date of the divorce”.

It was stipulated in Article 16 of Legislative Decree 25 of 1929 replaced by Law 100 of 1985 that “the alimony of the wife is estimated according to the state of the husband at the time of his right, whether he is easy or difficult, provided that the alimony in case of deprivation is not less than the amount that satisfies his necessary needs.

As stated in article 17 of the same law, “The legal action cannot be heard in matters of maintenance for a period exceeding one year from the date of the divorce”.

Article 18 bis of the same law and added to Law 100 of 1985 stipulates that “A woman who has contracted a valid marriage, if her husband divorces her without her consent or for a reason on her part, is entitled to more than the alimony of his waiting period, which is estimated at the expense of at least two years, taking into account the situation of the divorced person in his facilities and his difficulties, the circumstances of the divorce and the duration of the marriage. The divorced person may be allowed to pay for this pleasure in installments.

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