In the UAE, personal status matters including child custody and child support are governed by family law. Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law governs the personal status matters of Muslims in the UAE (both citizens and residents). Federal Decree Law No 41 of 2022 on Civil Personal Status governs non-Muslims in the UAE except in the emirate of Abu Dhabi. Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi governs non-Muslims within the emirate of Abu Dhabi.

Establishing Paternity

In accordance with Article 87 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, a child’s lineage to their father is proven by birth in a marriage contract, by admission, by proof, or by scientific methods.

Establishing paternity is generally required for child support. Although a birth certificate often suffices to prove the child’s legal relationship to the father, DNA tests may be necessary if paternity is disputed. Once paternity is established, the father is legally obligated to provide financial support for the child.

Determining Custody

Child support may be sought from the father of the child by the legal custodian of the child. In accordance with Articles 112 to 115 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, even though the mother is generally appointed as the custodian of the child, she may be disqualified from the role owing to incompetence. In the absence of the mother, or owing to her disqualification, the custody of the child will be assigned to the next in line in the following order: the father, the maternal grandmother, the paternal grandmother, then any person who the court determines based on the best interests of the child. The court may decide differently from this order based on what it deems to be in the best interests of the child.

Child support proceedings take place in the UAE family courts. In accordance with Article 3 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the UAE courts have jurisdiction on personal status issues – including child support ‒ in the following cases:

• when the case is filed against citizens and foreigners who have a domicile, place of residence, or place of work in the UAE; or
• when the case is filed before a court within the jurisdiction of which the respondent’s domicile, place of residence or place of work falls.

Where the case involves multiple respondents, the jurisdiction will be determined by the domicile, place of residence or place of work of any one of the respondents.

According to Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, and its Executive Regulations No 8 of 2022, Abu Dhabi courts have jurisdiction:

• when both the respondent and the claimant are foreigners who are residents or have existing or previous work addresses in Abu Dhabi;
• even if the respondent did not work or have an address in Abu Dhabi, if their civil marriage was concluded in Abu Dhabi;
• if the respondent has chosen an address in Abu Dhabi or if the claimant has work or a home in Abu Dhabi;
• if the child is based in Abu Dhabi; or
• if the claimant is based in Abu Dhabi and the respondent’s location is unknown.

In accordance with Article 4 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the UAE courts have jurisdiction to hear cases related to personal status matters filed against a foreigner who has no domicile, residence, or place of work in the UAE in the following cases:

• if the case is related to child support and alimony and is filed by a child or wife who has a domicile, place of residence, or place of work in the UAE;
• if the case is related to lineage of a minor who has a domicile or place of residence in the UAE or the case concerns a matter of guardianship over a person or property, provided that the minor or the person to be interdicted has a domicile or place of residence in the UAE or that the absent person’s most recent domicile, place of residence or place of work was in the UAE;
• if the personal status case is filed by a plaintiff who has a domicile, place of residence or place of work in the UAE and the respondent does not have a known domicile or place of residence abroad;
• if the national law is the applicable law in the UAE;
• if there are multiple respondents and one of them has a domicile, place of residence or place of work in the UAE; or
• if the respondent choses to define UAE as their domicile.

Apart from court proceedings, child support can be agreed upon between the parties through court-supported mediation proceedings before the UAE’s Family Guidance Department. However, the UAE does not have separate tribunals or administrative agencies to determine and allot child support.

Article 106 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law clearly states that the financial responsibility of a child is on the father until:

• in the case of a boy, he reaches the age where his peers have begun earning; or
• in the case of a girl, she marries or starts earning.

Moreover, if the daughter undergoes a divorce, financial responsibility for her is shifted to her father unless she has property, she works, or someone else is responsible for her maintenance. The father is also financially responsible for an adult son suffering from a disability, unless that son has a source of income.

As per Article 95 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, child support includes basic necessities such as food, clothing, housing, medical treatment, and education in accordance with customs. In accordance with Article 96 of the this law, child support is determined based on the financial status of the provider, the status of the receiver, and the economic situation at the time and place. The court considers these and ascertains the amount of child support at its discretion.

As per Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, there is equality of treatment between the spouses and therefore the spouses enjoy equal joint custody rights under these laws. Consequently, both parents are equally responsible for the children. However, in accordance with Article 8(7) of Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the father must bear the expenses and costs of the mother’s custody of the children during joint custody, for a temporary period that does not exceed two years in accordance with the findings of the expert’s report.

The court may increase or decrease this maintenance amount based on a report on the financial situation of the parties from the court expert to ensure a decent standard of living for the children. Additionally, if the mother is financially capable of providing decent accommodation for the children, then ‒ once joint custody has ended – the court may completely or partially exempt the father from paying the accommodation allowance. The evaluation of the parties’ economic situation is subject to the discretionary powers of the court.

The duration of the child support order will be until the custodial parent has custody of the child. Either party may approach the court to increase or decrease the child support order based on new circumstances. The child can personally claim child support payment after the age of 18 years.

Temporary and Final Child Support Orders

Article 100 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law allows temporary child support to be provided during the period of court proceedings, at the discretion of the court, after taking into consideration factors such as the financial circumstances of the provider, the condition of the recipient, and the economic context at the relevant time and place.

There is also a provision for temporary maintenance under Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi. The petition for temporary maintenance can be submitted by the wife before the court of urgent matters. While deciding on the petition, the court of urgent matters may review the wife’s economic situation.

Tax Matters

There is currently no personal income tax in the UAE. As such, there are no individual tax registration or reporting obligations in the country and child support is therefore not taxable.

The income of a person includes their monthly salary, financial assets (including but not limited to real estate, shares, and company stock), and any other sources of income.

UAE laws do not mandate compulsory disclosure of assets. To initiate the process of discovery, the requesting party is required to request that the court investigates the assets of the other party through the relevant departments, banks, and such other authorities, in order to establish the financial position of the party before the court and to support the financial claims.

Moreover, as per Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the disclosure process is voluntary before the Abu Dhabi Civil Family Court.

There are no separate laws governing jurisdiction in the case of spousal maintenance. The jurisdictional grounds for child support cases mentioned in 1.2 Child Support Jurisdiction and Tribunal also apply to cases related to spousal maintenance.

Physical relationships outside marriage were prohibited until recent amendments. Currently, although the practice has been decriminalised, the UAE’s legal system does not grant unmarried couples the same rights and recognition as married counterparts.

Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law and Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi have vastly different laws governing spousal maintenance after a divorce.

In accordance with Article 95 of Federal Decree Law No 41 of 2024, spousal maintenance during the course of the marriage includes basic necessities such as food, clothing, housing, medical expenses, and any other expense in accordance with customs. In accordance with Article 99 of Federal Decree Law No 41 of 2024, the husband is obliged to provide for the maintenance of the wife during the course of their marriage – even if the wife has a separate source of income and is capable of providing for herself ‒ unless the wife does not fulfil her obligations towards her husband. However, upon divorce and after the wife observes the required waiting period (iddah), the husband is no longer required to provide financial assistance to the wife.

Nevertheless, in accordance with Article 101 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, in certain cases, the husband is required to provide for the maintenance and housing of the wife during her waiting period, which is an obligatory waiting period that a wife must spend without marriage following a divorce. This period could be three menstrual cycles or three months or it could extend to the birth of a child if the wife is pregnant. The quantum of maintenance will be subject to the husband’s financial ability and should match with the current situation. Additionally, in accordance with Article 102 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the wife is entitled to compensation for up to one year of her maintenance expenses if she was divorced by the husband based on his sole decision and without the wife’s consent.

In accordance with Article 9 of the Federal Decree Law No 41 of 2022 on the Civil Personal Status Law, upon divorce, a woman can ask the court for alimony from the husband ‒ based on certain factors such as:

• the duration of the marriage;
• the age of the wife;
• the financial condition of the couple;
• the extent of the husband’s contribution to the divorce;
• physical or moral harm caused to either party as a result of the divorce;
• financial damage incurred by either party due to the other party’s decision to divorce;
• the presence of children; and
• whether the wife is interested in caring for the children.

Alimony may be ordered as a lump sum amount, or as a periodic payment, to be paid within a prescribed time period. The total amount of alimony and its frequency may vary as per the facts of the case.

Abu Dhabi Law No 14 of 2021 on the Civil Marriage and its Effects in the Emirate of Abu Dhabi grants women enhanced financial rights in the event of a divorce. The court may consider certain standards to calculate the financial rights, such as:

• a minimum of 25% of the last salary multiplied by the duration of the marriage; or
• a percentage of the market value of the husband’s assets such as real estate, shares, or company stock, as well as jointly owned assets (and the parties’ contribution to them).

The court may order the husband to make these payments in the form of a lump sum amount or as instalments, depending upon the financial circumstances of the husband.

In accordance with Article 99 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, on the request of the wife, the court will grant the reimbursement of financial expenses for the previous two years of marriage if it is found that the husband did not financially support the wife during the marriage.

Under Federal Decree Law No 41 of 2022 on the Civil Personal Status Law and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the court may order the payment of alimony in the form of a lump sum one-time payment or as instalments to be paid within a prescribed period of time. 

Impact of Asset Distribution on Amount of Spousal Maintenance

Under UAE law, title determines the ownership of a property. UAE law does not recognise property regimes and automatic distribution of property upon divorce. Thus, each spouse maintains their ownership of their properties, regardless of whether the properties were acquired before or during a marriage. However, if a spouse proves that they have contributed to the purchase of a property, the court will order the reimbursement of the amount or the transfer of a percentage of the asset in proportion to the contribution made by the spouse.

Temporary and Final Spousal Maintenance Orders

Temporary spousal maintenance is a valid request during divorce and alimony proceedings. The proceedings are similar to the proceedings for temporary child support as mentioned in 1.3 Calculation of Child Support, Duration and Ancillary Relief.

Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law allows temporary spousal maintenance during the period of court proceedings ‒ in accordance with Article 100 of the same law ‒ at the discretion of the court, after taking into consideration the financial circumstances of the provider, the condition of the recipient, and the economic context at the relevant time and place.

Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi allow for temporary spousal maintenance if a petition for the same is submitted by the wife before the court of urgent matters. The court will issue such amounts after considering the financial status of the wife.

Additional Benefits

Under Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, upon divorce and the expiry of the iddah period, the husband does not have any responsibilities towards the wife and is not required to provide for her financially. Under Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the husband is required to pay the alimony amount as directed by the court. However, the law does not specify any benefits that are to be paid to the wife upon divorce.

Security for Spousal Maintenance Obligations

As mentioned earlier, under Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the husband’s responsibility towards his wife comes to an end upon divorce and the expiry of the iddah period. He is only required to reimburse any outstanding money that was part of his financial responsibility during the duration of the previous two years of marriage.

Under Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the husband is only required to pay the alimony as ordered by the court, which may be a lump sum amount or an amount to be paid as instalments. The law does not specify any other benefit or security to pe paid to the wife upon divorce.

Other Forms of Spousal Maintenance

In accordance with Article 119 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, the father will be required to provide for the custodial residence of any children. Consequently, as the mother is generally the custodian of the children until the children reach the age of 18, and the residence of the mother is the same as the custodial residence of the children, the father is obligated to pay the rent on the residence. The custodian is also entitled to receive a custody fee from the father.

Tax Matters

As mentioned in 1.3 Calculation of Child Support, Duration and Ancillary Relief, the UAEdoes not have personal income tax or individual tax registration or reporting obligations. As such, spousal maintenance is not taxable.

The factors to be considered when determining spousal maintenance are the same as the factors to be considered when determining child support. Thus, the income of an individual includes their monthly salary, financial assets (including but not limited to real estate, shares, and company stock), and any other sources of income.

As explained in 1.5 Disclosure in Child Support Proceedings, UAE laws do not mandate the compulsory disclosure of assets. To initiate the process of discovery, the requesting party is required to ask the court to investigate the assets of the other party through the relevant departments, banks, and such other authorities, in order to establish the financial position of the party before the court and to support the financial claims.

Under Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, the disclosure process before the Abu Dhabi Civil Family Court may be made voluntarily.

Under Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, upon divorce and the expiry of the required waiting period, a man is not required to provide for the spousal maintenance of his wife. Thus, spousal maintenance is terminated at the time of divorce and the expiry of the iddah period in certain cases.

In accordance with Article 9(9) of Federal Decree Law No 41 of 2022 on Civil Personal Status, the wife’s alimony will lapse in the event that:

• the wife gets married to another man; or
• the wife’s custody of the children ends for any reason.

In accordance with Article 8(9) of Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, alimony will no longer be paid to the former wife if she marries another man.

In the UAE, after a judgment is obtained, the judgment creditor (ie, the party benefiting from the judgment) must file an enforcement action before the enforcement court. Upon registration and acceptance of the enforcement action, the enforcement court notifies the respondent (ie, the judgment debtor) to pay the sums mentioned in the enforcement action within a specific timeframe, which is usually seven days from the date of receiving the enforcement action notification.

If the respondent does not comply with the enforcement action notice, the enforcement applicant can submit petitions to the enforcement judge to enforce the judgment. For further details of the requests contained within such petitions, please see 3.2 Remedies in Child Support Orders.

If the judgment debtor does not comply with the orders issued by the enforcement court, even after the expiry of the specified time, then the non-defaulting party (who may be the mother or, if they have reached the age of 18, the child) can submit petitions to the enforcement judge to enforce the judgment.

The petitions may request, among other things:

• the attachment and transfer of funds, based on an investigation through the Central Bank;
• the investigation and attachment of the respondent’s file to block any transaction with departments such as the Roads and Transport Authority, the Land Department, and the Department of Economics and Development; and
• a travel ban on the respondent and, in most cases, an arrest warrant against the respondent.

As mentioned in 1.3 Calculation of Child Support, Duration and Ancillary Relief, under UAE law, the father cannot be relieved of his financial responsibility towards his children either until his son reaches the age where his peers have begun earning or until his daughter marries or starts earning. However, the father may request the court to alter the child support amount on the grounds of reduced income or increased financial responsibility. Nevertheless, the court will consider the economic situation at the time and place and ensure that child support covers the financial requirements of the child.

In accordance with Article 97 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, child support may be increased or decreased upon a change in circumstances. The parties may make an application with the family court in this regard. In the event of an increase, the applicant may seek a retrospective increase for the previous six months.

UAE laws do not provide any automatic administrative remedies for child support or for alimony.

The process for the enforcement of spousal maintenance is the same as the process for enforcement of child support. Therefore, please refer to 3.1 Enforcement of Child Support Orders.

If a party is in violation of a spousal maintenance order, the remedies available are the same as in the event of violation of a child support order. Therefore, please refer to 3.2 Remedies in Child Support Orders.

A spousal maintenance obligor may not be relieved of arrears; however, they may ask the court to alter the amount on the grounds of reduced income or increased financial responsibility. Applications for an increase or decrease in alimony will be heard only after one year from the date when the previous alimony ruling became final, except in exceptional cases as determined by the court.

Article 9(9) of Federal Decree Law No 41 of 2022 on Civil Personal Status and Article 8 of Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi respectively allow the amendment of alimony every year, as per changing circumstances.

As mentioned in 3.3 Other Relief in Child Support Orders, in accordance with Article 97 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, child support may be increased or decreased due to changing circumstances after a minimum of one year from the date on which the order became final ‒ except in exceptional circumstances determined by the court. Article 97(2) of the same law states that, in the event of an increase in child support, the court may issue a retrospective order of up to six months.

Thus, both the child support obligor and the child support recipient may request ‒ on the grounds of changing circumstances ‒t he modification of the child support amount that was ordered by the court. The child support obligor may invoke the grounds of reduced income or increased financial responsibility, whereas the child support receiver may request the increase in child support owing to increased expenses.

Similarly, Article 9(9) of Federal Decree Law No 41 of 2022 on Civil Personal Status and Article 8 of Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi allows the amendment of child support orders after the expiry of one year.

The parties may enter into a settlement agreement and sign such an agreement before the court to modify the terms and conditions of spousal maintenance. If the parties do not enter into an agreement, then either of them may request the court to alter the amount on the grounds of change in circumstances.

Settlement agreements contain terms and conditions that govern various aspects (including alimony and child support), which are mutually agreed between the parties. Regardless of whether the settlement agreement concerns child support or spousal support, once executed, this agreement may be regarded as a court order with the enforcement power of a court decision and may be invoked in the event of a dispute.

A marriage contract, entered into by a man and woman at the time of marriage, is one of the essential requirements of a Muslim marriage. This contract generally includes provisions regarding money or assets to the wife at the time of marriage, divorce, or the husband’s death, and is sometimes compared to a prenuptial agreement. However, the two are vastly different ‒ primarily because one is entered into before the marriage and the other at the time of marriage.

The UAE has implemented extensive legal structures for non-Muslim citizens and residents seeking civil marriages as specified under Federal Decree Law No 41 of 2022 on Civil Personal Status and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi. Under these laws, spouses can agree on contract conditions, considering rights during marriage and post-divorce. Although it is not mandatory to submit such an agreement, it is permissible to do so.

Status of Prenuptial Agreements in the UAE

In the UAE, there is no concept of a prenuptial agreement. Where these agreements are drafted in other jurisdictions, they are unlikely to be enforced by the UAE courts, especially when the agreement is on matters related to children.

A prenuptial agreement may be ruled as invalid in the UAE, particularly when it contains terms related to children ‒ given that, under Sharia, a couple cannot make a contract pertaining to unborn children. If a prenuptial agreement already exists, it should be re-signed after marriage and should not contain any clauses that would be in opposition to Sharia, public order, or morals in the UAE, in order to try and ensure its enforceability in the UAE.

The parties may enter into a post-nuptial agreement signed before the Family Guidance Department situated within the premises of the family court. They may execute the agreement on any date after the marriage, even on the day following the marriage.

Prenuptial agreements may be taken into consideration in the absence of an agreement on the conditions or controls of alimony or other financial claims in the marriage contract, according to Article 9 Federal Decree Law No 41 of 2022 on Civil Personal Status.

In order to determine the validity and subsequent enforceability of prenuptial agreements, Article 13 of the Federal Law No 5/1985 on the Issuance of the Civil Transactions Law of the UAE provides that personal and financial issues (including divorce) will be governed as per the laws of the country where the parties were married. Furthermore, UAE courts have the discretionary powers to accept or reject any request in relation to the application of foreign laws based on the merits of individual cases. However, if any party is a dual national, the court may reject the application of foreign law as per Article 24 of the Federal Law No 5/1985 on the Issuance of the Civil Transactions Law of the UAE.

The UAE has entered into treaties with several countries for the enforcement of foreign orders and the terms of these treaties will dictate the enforcement proceedings of the orders.

In the absence of a treaty, the enforcement of foreign judgments is subject to Article 222 of the Civil Procedure Code of the UAE under Federal Decree Law No 42 of 2022 Promulgating the Civil Procedure Code (the “New Civil Procedure Law”).

The enforcement action is registered as an order on a petition before the enforcement judge. The verification of the order is subject to the following:

• whether UAE courts have exclusive jurisdiction over the dispute at hand;
• whether the foreign judgment is delivered according to the law of the country where it was issued and whether the judgment was duly ratified;
• whether both parties to the dispute were summoned and duly represented;
• whether the foreign judgment placed before the UAE court is a final decision; and 
• whether the judgment is in conflict with any order issued by the present court and whether the judgment is against UAE public policy.

If the foreign judgment does not fulfil the above-mentioned criteria, it will not be recognised in the UAE. The judge must issue their order within five days from the date on which the application was submitted.

The procedure for the enforcement of a foreign spousal maintenance order is the same as that for the enforcement of a foreign child support order. Therefore, please refer to 5.1 Recognition of Foreign Child Support Orders, as the same procedures apply in this regard.

Once foreign support/maintenance orders are recognised by UAE courts, their enforcement is similar to the enforcement of a support/maintenance order issued by UAE courts.

The UAE has entered into several bilateral and multilateral treaties with foreign countries, regarding the enforcement of foreign judgements. The impact of these treaties is subject to the terms and conditions contained within these individual treaties.

If UAE courts have jurisdiction, then either party may approach the court to alter the foreign child support order based on a change in circumstances. As per Article 97 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, Article 9(9) of Federal Decree Law No 41 of 2022 on Civil Personal Status, and Article 8 of Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi, foreign child support orders may be submitted to the court to be amended after the expiry of one year from the date on which the previous order became final.

If UAE courts have jurisdiction, then either party may approach the court to alter the foreign spousal maintenance order based on a change in circumstances.

In accordance with Article 111 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law, a claim to request a child’s maintenance from their father will not be heard for a previous period that exceeds one year from the date of the judicial claim. Furthermore, as per Article 97 of the same law, a claim for an increase or decrease in maintenance will not be heard before one year has passed from the date on which the ruling becomes final – except in exceptional circumstances determined by the court.

Article 97 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law also states that a custodian mother, or a child who has reached the age of majority and is competent to approach the court, may request an increase in child support payments retroactively for a period of up to six months.

Although Article 99 of Federal Decree Law No 41 of 2024 on the Issuance of the Personal Status Law states that the maintenance of the wife is mandatory for the husband and is fulfilled only by its discharge (or acquittal), the law limits the period within which maintenance can be sought to up to two years. Thus, a claim for the wife’s maintenance for a previous period exceeding two years preceding the date of filing the claim will not be heard. This is applicable only if there are arrears that arose during the course of the marriage.

Each party bears their own legal costs. The reimbursement of attorney’s fees is nominal.

As mentioned in 7.1 Counsel Fees and Costs – Child Support, each party bears their own legal costs and thus the reimbursement of attorney’s fees is nominal.