TheCase: Protecting women’s rights after divorce
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The rights of women after divorce can be a confusing subject, especially if there are children involved. One of the reasons for this is that personal status courts in the Kingdom have discretionary power to decide alimony payments should a case go to litigation, which can lead to inconsistency in their rulings.
However, regardless of the situation, some basic rights are guaranteed by law, which are outlined here along with a summary of the powers held by personal status courts.
Alimony, housing and seasonal expenses are the main rights guaranteed by Islamic Shariah and state law. There can also be a deferred dower if so stated in the marriage certificate, although this is not common practice in Saudi society.
On the matter of alimony, the aim is to get both parties to agree on a figure through litigation. If this cannot be achieved, a personal status court judge will decide on an amount for the former husband, and father of any children, to pay.
In deciding a figure, the judge may consider the father’s income, responsibilities and the circumstances of the children’s lifestyle and needs.
It is also worth mentioning that should the judge’s decision not be accepted amicably, it can be enforced by a court order. In the event of a father failing to fulfill his obligations regarding alimony payments within five days of being instructed to do so, the judge will instruct the police to take further action to remedy the situation.
Fathers are legally obliged to support their ex-wives and children following a split
Dimah Talal Al-Sharif
If the father still fails to make the alimony payment, the judge can issue a fine of up to SR10,000 ($2,600) a day until he does. The judge also has the right to cancel the fine, in whole or part, if the father initiates the payment process.
As well as regular alimony payments, the judge has the power to award special expenses relating to holidays, it the divorced couple are unable to reach an agreement on the subject themselves.
Visiting rights are also a matter for the personal status courts and in the event of litigation, a judge will rule accordingly.
In future columns we will look at some of the other financial obligations that can apply following a divorce.
• Dimah Talal Alsharif is a Saudi lawyer and legal consultant. Twitter: @dimah_alsharif
