Foreigners divorce in Egypt

The family code in Egypt is rooted in Sharia Law, allowing for marriages between a man and a woman of any religion to be officially registered, whether among Muslims or Christians. However, it's important to note that Christian marriages in Egypt do not permit divorce, and this matter can be discussed further with our lawyers in person. For foreign women planning to live and raise children in Egypt, there are several key considerations to keep in mind. Effective decision-making can mitigate most potential issues, as many disputes can be resolved through negotiation. It is notably common for foreign women to leave with children, which can lead to concerns from Egyptian men, particularly regarding their first and only child. Additionally, Muslim men are allowed to marry up to four women, while women are prohibited from polygamy, facing legal repercussions. It's crucial to ensure that you are legally divorced and have completed the "Iddah," or waiting period, of three months following your divorce. Furthermore, Muslim husbands in Egypt have the unilateral right to initiate a divorce, known as "talaq," without legal proceedings.

The financial rights of the foreigner wife after divorce

Navigating the complexities of Egyptian law can be daunting, whether you're a resident, a business owner, or an individual with legal concerns. To help demystify the legal landscape, we offer free, no-obligation consultations regarding any question you may have about Egyptian law. These consultations provide an opportunity to discuss your specific situation, understand the relevant legal framework, and explore potential avenues for resolution. We recognize that time is valuable, so we also provide a focused, unpaid 20-minute consultation for those with a more specific legal issue. In this shorter session, we aim to provide initial guidance and clarify key aspects relevant to your particular concern. While we do not offer extensive legal services in these free or short consultations, we can discuss areas such as Power of Attorney in Egypt, and whether such a document is needed, and may be able to clarify the relevant regulations and procedures

1-The husband who's divorced his wife at his own request against her will :-

A Muslim man, a citizen of Egypt, can divorce his wife in just one day at his own request, even ,by verbal communication he can also do it. We have to say this is the worse divorce way because the wife will obtained all of here financial rights .

2_ Divorce for ‘‘khul’’ :-

The wife can divorce herself in her own will for no reason ,if she doesn't want to carrying on that marriage , through this way the wife relinquish her financial right , but she get all financial right of her kids , she cant do it by verbal communication but she has to requesting it through lawsuit in Egyptian court ,this is called ‘‘khul’’according to alsharia , divorce initiated by the wife in return for compensating the husband ) must return the dowry she received from her husband ,The purport of this is to alleviate the husband`s financial burdens from his wife`s unilateral request for separation , The financial legal right waived by the wife in the event of ‘‘khul’’. Article 20 of law no. 1 states of the Egyptian family law . ‘both spouses may mutually consent to khul . if not. The wife may file for khul by waiving all her legal financial rights and returning the dowry he gave her . and the court orders for her divorce ,However, the legal financial that are waived by ‘khul’ doesn't include wife's rights to custody or child support .

3_A fault -based divorce :-

When we speaking about a fault- based divorce this meaning that it is impossible for the wife to continue living with here husband for some reasons related to him which its making the wife not accepting to carrying on with him such as :

• Adultery .

• Abandonment .

• Physical abuse .

• Imprisonment .

• Substance abuse .

• Cruelty .

• Physical inability to have sexual intercourse.

  In order to file a divorce for one of those reasons wife is required to obtain legal counsel , provide evidence of herm most often through eyewitness testimony, police report, forensic report , and submit to compulsory mediation ,any way , the wife must improving to the court that its impossible to continue living with here husband , if the wife got divorced by this way, she entitled all of her financial rights after divorce.

Alimony :-

A wife is entitled to one year of financial support at least it called ''mut'a '', (with consideration for the husband`s means , the circumstances of the divorce , the length of marriage ), maybe she will be awarded more if that marriage length was for long time. She is also entitled to ‘‘Eddah’’ wich is a temporary marriage that pays the wife money , the amount of ''mut'a'' is usually at least three months , (with consideration for the husband`s means , the circumstances of the divorce).

Deferred Dowry :-

The wife also entitled to the dowry , which is usually paid in two parts one part at the wedding and other at the time of divorce or the husband`s death . (its always drafted in the marriage contract in separated article )

Child support :-

The father is responsible for financially supporting his child until they are able to earn a living For daughters , this is until they are married or can earn a living . For sons, this is until they are 15 years or earn a living, or from not suffering from any health conditions which its stopped them to earn a living .

Residence :-

The wife is entitled to residence and custody of the children until they growing up to be 15 years old for sons and daughters after they are married , and this is unless the divorced wife remarries or neglects them . The wife has her own right to choose between the apartment/house or dwelling in which she married and delivered her children in it. This is conditional if the husband owning it as is it his private property, or get monthly payment through judicial role for rent .

Custody allowance :-

As a part of Alimony , the father pays to the mother monthly as compensation for care of the children during of maternal custody , it called ‘‘agr –hadana’’

REMEMBER

Related subjects

• Family law in Egypt.

• Foreingers marriage in Egypt .

• The financial rights of foreign wife after divorec in Egypt.

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