An Abu Dhabi Civil Family Court has mandated that a divorced German couple share financial responsibilities for their two daughters equally, including monthly maintenance payments and other related costs such as education, healthcare, and transportation.

The court's decision, issued on June 23, applied German law to determine the maintenance amounts after the father requested its application and submitted certified documentation of the relevant German legislation.

The court ordered each parent to pay half of the monthly maintenance sums of Dh4,000 for one daughter and Dh5,000 for the other. Additionally, the parents must equally split expenses for school fees, health insurance, medical treatment, and transportation. The ruling also referenced age-specific maintenance brackets outlined in the German Civil Code when calculating the payments.

The divorced couple, who separated in Germany, have two daughters aged five and 12. The father filed the maintenance claim with the Abu Dhabi Civil Family Court, seeking the application of German law and requesting that both parents contribute financially according to their means.

The mother contested the Abu Dhabi court's jurisdiction, arguing that since both parents reside in Dubai, the case should be heard by Dubai courts. However, the Abu Dhabi court dismissed this objection, noting the father's valid residence in Abu Dhabi and confirming that both parties fall within the court's legislative scope.

Application of German Law

The court referenced Article 1(3) of Federal Law No. 41 of 2022 on Personal Status, which allows non-nationals to have their personal status matters governed by their own laws if requested and permitted by UAE legislation.

The judgment highlighted that foreign nationals may invoke their own laws in matters such as marriage, divorce, inheritance, wills, and parentage proof. Since the father is German, formally requested the application of German law, provided a certified copy, and paid the required fee, the court determined that German law should apply.

The court examined relevant provisions of the German Civil Code, including Article 1602, which establishes a minor child's right to maintenance if their own income or assets are insufficient, and Article 1603, which requires parents to contribute equally to their children's support, considering their other obligations.

Additionally, Article 1610 was cited to emphasize that maintenance amounts depend on the recipient's circumstances, while Article 1612 specifies monthly amounts based on the child's age. Under this framework, the younger daughter qualifies for 87% of the minimum maintenance amount, and the older daughter qualifies for 100%.

Parental Responsibilities and Custody

The court noted that joint custody exists, with the father having custody from Friday to Sunday during the school year and sharing custody during holidays. It found that the children require financial support and that there was no evidence they have sufficient personal funds.

Consequently, the court ordered both parents to contribute equally to all expenses related to the children, including school fees, health insurance, medical costs, and transportation.

The final ruling reiterates that both parents must pay half of the monthly maintenance amounts and share all other financial obligations associated with their daughters.

Legal Commentary

Byron James, a partner at Expatriate Law who represented the case, explained that the judgment illustrates how UAE courts can apply a foreign national's law when properly requested. He noted, "Foreign law is never applied automatically," emphasizing that a party must elect the law, provide certified documentation, and pay the relevant fee.

James also highlighted the significance of the court's detailed application of the German Civil Code, including age brackets for child maintenance. He added that the ruling underscores the court's approach of treating both parents as equal financial partners in supporting their children, rather than placing the entire burden on the father.