Wife maintenance is one of the key rights granted to a wife under Bahraini law. If she does not receive maintenance, she may claim it from her husband through the courts. She may also request an increase when the current amount is no longer sufficient. However, certain conditions must be met. In this article, we explain the Maintenance Increase Claim Requirements in Bahrain.
Read the details with one of Bahrain’s leading lawyers.
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Maintenance Increase Claim Requirements in Bahrain
Article 49 of Law No. 19 of 2017 provides that a husband is required to provide maintenance for his wife. Under Article 47 of the same law, the judge determines the amount of maintenance according to the circumstances of both the person responsible for paying it and the person entitled to receive it.
When the existing maintenance is no longer sufficient, the wife may file a maintenance increase claim in Bahrain. Article 48 of the same law allows maintenance to be increased or reduced when the financial circumstances of the person paying maintenance change or when the circumstances of the person receiving it change.
Based on this provision, one or more of the following Maintenance Increase Claim Requirements in Bahrain should be met:
- The husband’s income has increased and his financial position has improved. Documents proving this increase should be submitted to the court.
- The circumstances and needs of the wife or children have changed. For example, when a child starts school and additional expenses arise, the wife may request an increase in maintenance to cover those costs.
- General economic conditions have changed. A rise in the overall cost of living may provide grounds for requesting an increase in wife maintenance in Bahrain.
- The current maintenance has become insufficient to meet the living needs of the wife and her children or to cover their reasonable living expenses.
- At least one Gregorian year has passed since the previous maintenance judgment was issued, except in certain cases.
If one of these conditions is met, the wife may request an increase in the maintenance previously awarded or agreed upon by filing a maintenance increase claim and following these steps:
- Prepare all documents required to file a maintenance increase claim in Bahrain.
- Submit a formal application to the competent Personal Status Court in Bahrain requesting an increase in maintenance.
- Provide evidence and supporting documents showing the change in circumstances and the increased needs of the children.
- Wait for the court to issue its decision on the request to increase maintenance.
It is advisable to appoint a specialized maintenance lawyer to ensure that the claim is prepared and filed correctly and that the request is properly supported before the court.
FAQ About Increasing Wife Maintenance in Bahrain
For further details, this section answers some of the most common questions related to increasing wife maintenance in Bahrain.
Can the Wife File a Maintenance Increase Claim in Bahrain?
Yes, the wife may file a maintenance increase claim in Bahrain after at least one year has passed since the final maintenance judgment, provided that the legal requirements for filing the claim are met.
How Long Does a Maintenance Increase Claim Take?
The time required to decide a maintenance increase claim varies depending on the complexity of the case and the availability of evidence showing a change in circumstances. The proceedings may take approximately three to six months.
What Documents Are Required to File a Maintenance Increase Claim?
The documents required to file a maintenance increase claim in Bahrain include:
1. Personal identification document.
2. Children’s birth certificates.
3. Marriage certificate.
4. Divorce certificate, if the parties are divorced.
5. Previous maintenance judgment.
6. Evidence of the husband’s financial means, such as a salary statement.
7. Any other documents proving a change in the current circumstances.
This concludes our article on the Maintenance Increase Claim Requirements in Bahrain, in which we explained the conditions that may justify requesting an increase and the procedures required to file the claim.
You can also review a ready-to-use memorandum for appealing a child maintenance judgment in Bahrain, as well as a suitable appeal form for a wife maintenance judgment in Bahrain. You can also learn about a sample appeal petition concerning a husband’s inability to pay maintenance in Bahrain.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
