What Does Maintenance Include in Bahrain? What does Bahraini Family Law say about child maintenance after divorce and spousal maintenance? How is maintenance calculated, and what does the court consider when deciding the amount?
Bahraini Family Law sets out the main items covered by maintenance and the factors used when assessing it. In this article, the legal team at Abdulrahman Khalifa Law Firm explains these rules in clear terms, including the maintenance rights of a wife, children, and a divorced woman during the applicable waiting period.
Are you wondering what maintenance covers in Bahrain and concerned that your rights or your children’s rights may be affected because the covered expenses are unclear?
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If you would first like to understand the different elements of maintenance, continue reading the article below.
Table of Content
What Does Maintenance Include in Bahrain?
Under Bahraini Family Law, maintenance covers the basic needs of the person entitled to receive support. The exact amount is not fixed for every case because the court considers the circumstances of both the person paying maintenance and the person receiving it.
In general, maintenance includes:
- Suitable housing: accommodation that provides an appropriate living environment and takes into account the needs and circumstances of the wife or children.
- Clothing: suitable clothing according to ordinary needs, circumstances, customs, and seasonal requirements.
- Food: reasonable food expenses required for ordinary living without excessive spending or unreasonable restriction.
- Medical treatment: necessary medical care, medication, and related healthcare expenses falling within the scope of maintenance.
- Services and other customary needs: other expenses may also be included where they are considered necessary under applicable custom and the circumstances of the person receiving maintenance.
Article 46 of Bahrain’s Family Law No. 19 of 2017 provides that maintenance is a right of the supported person. It includes food, clothing, housing, medical treatment, services, and other needs required by custom.
How Is Maintenance Calculated in Bahrain?
Maintenance is not calculated according to one fixed amount that applies to every family. Article 47 of the Family Law requires the assessment to take into account the financial capacity of the person responsible for paying maintenance and the circumstances of the person entitled to receive it. The court also considers the place, time, and prevailing customs.
This means that the amount may differ from one case to another. Income, financial ability, the needs of the supported person, living circumstances, and other relevant facts may affect the final assessment.
The law also allows maintenance to be increased or reduced when the circumstances of either party change. For example, a significant change in the financial position of the person paying maintenance or a change in the reasonable needs of the person receiving it may justify a request for reassessment.
Under Article 48, however, a claim to increase or reduce maintenance generally cannot be heard until one year has passed from the date on which maintenance was imposed by a final judgment, unless exceptional circumstances exist. Any increase or reduction is calculated from the date on which the right is established following the judicial claim.
What Does Child Maintenance Include After Divorce in Bahrain?
Child maintenance remains separate from the personal financial rights of either parent. Its purpose is to meet the child’s reasonable needs in accordance with the rules set by Bahraini Family Law.
When child maintenance is assessed after divorce or separation, the court considers the child’s basic needs, what is reasonably sufficient for those needs, and the financial ability of the person legally responsible for paying maintenance.
Depending on the circumstances of the case, the maintenance awarded for a child may cover ordinary living expenses such as food, clothing, suitable housing, healthcare, and other necessary expenses that fall within the legal meaning of maintenance. Educational needs may also be relevant when determining the child’s reasonable financial requirements.
The amount therefore depends on the facts of the individual case rather than on a universal figure applying to all children.
Spousal Maintenance in Bahrain
Bahraini Family Law also regulates a wife’s right to maintenance during marriage. Under Article 49, a husband is required to maintain his wife under a valid marriage contract, even if she has her own financial means, provided that the legal conditions for entitlement to maintenance are satisfied.
The wife’s personal wealth does not, by itself, remove the husband’s obligation to provide maintenance. Article 52 also states that the wife’s maintenance does not lapse because of the husband’s inability or insolvency and that it has priority over other debts in accordance with the law.
The rules concerning entitlement can nevertheless depend on the circumstances of the marriage and the conduct of the parties. For this reason, a dispute over whether maintenance is due should be considered according to the facts of the particular case rather than through a general assumption.
Temporary Maintenance for a Wife and Children
Article 50 gives the judge authority, upon the wife’s request, to order temporary maintenance for her and her children while the case is being considered.
The judge may also order her return to the marital home if she has been removed from it. In both situations, the decision is subject to immediate enforcement by operation of law.
This temporary measure can provide financial protection while the court examines the main dispute and determines the parties’ rights under the Family Law.
Maintenance for a Divorced Woman in Bahrain
The right of a divorced woman to maintenance during the waiting period, or Iddah, depends on the nature of the divorce and on whether Sunni or Ja’fari jurisprudence applies to the case.
Article 53 of the Family Law distinguishes between the two as follows:
Under Sunni Jurisprudence
- A woman observing the waiting period following a revocable divorce is entitled to full maintenance.
- Full maintenance is also due during the waiting period following annulment or consummation of an invalid marriage in the situations governed by the law.
- A woman observing the waiting period following an irrevocable divorce is not entitled to maintenance where the cause of the divorce is attributable to her, although she retains the right to housing throughout the waiting period.
- If the divorced woman is pregnant, her former husband must provide full maintenance throughout her waiting period, which continues until delivery.
Under Ja’fari Jurisprudence
- A woman observing the waiting period following a revocable divorce is entitled to full maintenance.
- A woman observing the waiting period following an irrevocable divorce is not entitled to maintenance.
- If the divorced woman is pregnant, her former husband must provide full maintenance throughout the waiting period until delivery.
Can Maintenance Be Increased or Reduced?
Yes. Bahraini Family Law permits an increase or reduction when the circumstances of the person paying maintenance or the person receiving it materially change.
The court does not automatically change an existing maintenance award merely because one party requests it. The party seeking the change must bring the matter before the competent court and establish the circumstances supporting the request.
As noted above, Article 48 generally prevents a new claim for an increase or reduction from being heard before one year has passed from the final judgment setting maintenance, unless exceptional circumstances justify earlier consideration.
This distinction is important because dissatisfaction with the amount alone does not necessarily establish a legal basis for changing it. The court examines the relevant change in circumstances and the evidence presented.
Does the Law Favor the Person Paying or Receiving Maintenance?
The statutory rules do not set maintenance solely according to the interests of one side. Article 47 requires the court to consider both the financial capacity of the person paying and the circumstances of the person receiving maintenance.
The amount must therefore reflect the facts before the court. A person responsible for maintenance is not automatically required to pay an amount beyond the assessment made under the law, while a person entitled to maintenance has the right to claim the support that is legally due based on their circumstances.
This is why documents concerning income, expenses, children’s needs, medical costs, housing, and other relevant financial circumstances can become important in a maintenance dispute.
FAQ About What Does Maintenance Include
How Much Is Monthly Wife Maintenance in Bahrain?
Maintenance is assessed according to the financial means of the person responsible for paying it and the circumstances of those entitled to receive it. The court also takes into account the time, place, and prevailing customs.
What Does Maintenance Include?
Maintenance includes food, housing, clothing, medical care, domestic assistance, and other expenses required by prevailing custom.
Does the Wife’s Employment Affect Her Right to Maintenance?
No. A wife’s employment does not automatically cause her to lose her right to maintenance. Article 56 of the Bahraini Family Law provides that a wife is not considered to be in nushuz, resulting in the loss of maintenance, when she leaves the marital home to fulfil a religious obligation or to engage in lawful employment, provided that the husband knew of her employment when they married, it was expressly stipulated in the marriage contract, or he permitted her to work after the marriage.
Legal Reference
The main provisions discussed in this article are contained in Bahrain Law No. 19 of 2017 promulgating the Family Law, particularly Articles 46 to 53 concerning general maintenance rules and spousal maintenance, together with the provisions governing maintenance for children.
The official legislation can be reviewed through Bahrain’s Legislation and Legal Opinion Commission.
Understanding What Does Maintenance Include in Bahrain? requires looking at both the categories of expenses covered by maintenance and the circumstances used by the court to determine the amount. Food, clothing, housing, medical care, services, and other needs required by custom form the basic legal framework, while the final amount depends on the facts of each case.
For advice based on your individual circumstances, you can consult a maintenance lawyer in Bahrain. You may also read about the reasons for loss of maintenance in Bahrain and the rules governing a maintenance increase claim 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
