Can You File a Maintenance Case Without Divorce in Bahrain, or does Bahraini law require a divorce before maintenance can be claimed? What does the Bahraini Family Law provide regarding maintenance cases, and when can a maintenance claim be filed before the courts in Bahrain?
Our Bahrain lawyers explain the details in this article. Read on to learn more.
Table of Content
Can You File a Maintenance Case Without Divorce in Bahrain
Yes, a maintenance case can be filed without divorce in Bahrain. Under Article 50 of the Bahraini Family Law, the judge may, upon the wife’s request, urgently order temporary maintenance for her and the children.
The judge may also order her return to the marital home if she has been removed from it. Such an order is also immediately enforceable by operation of law.
Article 62 confirms the children’s right to maintenance and provides that:
- The maintenance of a minor child who has no property is payable by the father until the daughter marries and until the son reaches an age at which persons of his circumstances would ordinarily be able to earn an income.
- The father remains responsible for maintenance during the marriage or after divorce where an adult child is unable to earn a living because of a disability or another valid reason.
- If a daughter is divorced or her husband dies, her maintenance returns to her financially able father unless she has sufficient property of her own to support herself.
- If the child’s own property is insufficient to cover maintenance, the father must pay the amount needed to complete it.
- If the father or paternal grandfather is absent or unable to provide maintenance, the financially able mother becomes responsible for the child’s maintenance.
It is also important to note that Article 106 of the Bahraini Family Law addresses situations where a husband who is present refuses to maintain his wife and has no apparent property from which maintenance can be recovered. If he does not prove that he is financially unable to pay, the judge may order him to provide maintenance. If he continues to refuse, the wife may request judicial divorce.
Requirements for Filing a Maintenance Case Without Divorce
Several requirements should be met when filing a maintenance claim against the father, including:
- The marriage must still be legally valid. A certified copy of the marriage contract should therefore be submitted.
- The wife must have made herself available to her husband in accordance with Article 49 of the Bahraini Family Law.
- Evidence of the husband’s income should be submitted together with his complete relevant details.
- The children’s birth certificates and their ages should be provided.
- Evidence should be submitted showing that the husband has failed to provide maintenance for his wife and children.
- If the claim concerns an increase or reduction in maintenance, one year must generally have passed since maintenance was fixed by a final judgment, unless the court finds exceptional circumstances that justify an earlier review.
These requirements should be established so that the court can examine the maintenance claim and determine the appropriate amount payable to the wife and children. The wife’s maintenance has legal priority over other debts, subject to the rules governing entitlement and financial ability. Children are also entitled to maintenance from their father until the relevant legal conditions for ending that obligation are met, as explained above.
Frequently Asked Questions
Related questions include:
Can maintenance be claimed without divorce?
Yes. A maintenance claim may be filed without divorce if the husband fails to provide financial support for his family.
What documents are required to file a maintenance claim?
The documents generally required to file a maintenance claim include:
1. The maintenance claim petition.
2. A copy of the lawyer’s power of attorney.
3. A copy of the marriage contract.
4. The children’s birth certificates.
5. Documents that help establish the husband’s income.
What are the procedures for filing a maintenance case without divorce?
The process generally starts by submitting the claim to the competent court together with evidence showing the wife’s entitlement to maintenance and the husband’s failure to provide financial support for her and the children. The court then schedules a hearing to consider the arguments and evidence presented by both parties. After reviewing the case, the court issues its judgment determining the amount of maintenance and the method of payment.
This concludes our article on Can You File a Maintenance Case Without Divorce in Bahrain. We explained the main requirements for filing a maintenance claim while the marriage remains in place and the general procedures followed before the Bahraini courts.
You may also read about the procedures and requirements for filing an urgent maintenance claim in Bahrain and how child maintenance is calculated in Bahrain. You may also find it useful to learn what maintenance includes in Bahrain and how it is assessed. For further legal advice, you can also contact an experienced maintenance lawyer 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
