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The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

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The best clarification on the case of Marital Expense 2020

In the name of of Allah the Merciful.
My friend, the reader:
In this article, we will seek, with God’s success, to strive to save for your presence sufficiently large evidence about the marital alimony case and how to raise the marital alimony case and cases of marital alimony cases before we touch upon these texts. We should make clear to you, the vehicles that we will address in this humble article as follows:

1_ Definition of marital alimony.

2_ When is the marital support worth?

3_How to obligate marital alimony?

Expense is imposed in one of two ways:
A: Judicial.

B: Agreed.

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The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

4_ the standard for determining marital alimony.
5_ cases of alimony for the wife.
6_ The papers required to upgrade the marital alimony lawsuit.
7_ Procedures for filing a marital alimony lawsuit.
It is divided into:
A: Driving actions to the dispute settlement office.

B: The practices of filing the lawsuit Registry of the court.
8_ formula for marital alimony.
9_ Procedures to consider marital alimony lawsuit against the judiciary.
10_ defending consort in the case of marital alimony.
11_ temporary expense.
12_ implementation of the provisions of the alimony.
13_ Questions raised in the marital alimony case.
In the following lines, we will explain these components to your Excellency with sufficient explanation.

1_ Definition of marital alimony.
Marital alimony “An alimony that the wife deserves in exchange for her retention of her husband and includes clothing, home, food and medicine”

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The best clarification on the case of Marital Expense 2020

2_ When is the marital support worth?

The wife deserves his husband’s alimony, press here, as if she lives in her father’s house and pledges, or his patient, or does a legitimate business for the spouse to fulfill the marital alimony from the time he abstains from her, except that all of this is with some limitations and rules:

* The marriage voucher must be valid.
* That the wife be fit to meet and accomplish the intended marriage to her.
* The wife entered the marital home, and if the wife left the marital home without legal justification, the right to marital alienation was forfeited.
3_How to obligate marital alimony?
* The expense is imposed:
A: Judicial.
Therefore, it is an increase in a case for marital alimony, and it is clear that the marital alimony case is not heard except for a year prior to the date of the lawsuit’s pride, and therefore, in accordance with Law No. 25/220, in which case the wife faces a limited number of difficulties, which is that she needs to refer the case for investigation and it is the wife’s responsibility to prove that The consort did not spend on them throughout that year, and this provides advice on requesting alimony from the date of the preaching of the lawsuit.
B: Agreed.
It is to delete the agreement on a specified amount between the spouses, and this is according to its rule, “an agreement that is imposed as imposed by law.”
If it is agreed between the consort and the wife’s family that the consort performs an alimony, then this is called a “consensual alimony” and this must be released in a written agreement the agreement between them which was written in the consensual session and its attachment to the transcript of the session occurs and he has the strength of the executive bond and obliges the court to implement what is required of him himself.

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The best clarification on the case of Marital Expense 2020

He insinuates that if the spouse refuses to perform the agreed alimony above it on the pretext that he cannot tolerate it, and also the wife demands that he be obliged to what is agreed upon above it, here it is possible for the judge to have a role that is limited to 3 matters according to his condition that facilitates or impairs the condition of the spouse:
The biggest issue: to accept the amount agreed upon above, and here his role is to reveal the debt of the alimony.
Topic 2: The amount increases due to the occurrence of arbitrariness and the left of the consort’s condition.
Issue 3: To reduce it to the narrow state of the consort.

The best clarification on the case of Marital Expense 2020

4_ the standard for determining marital alimony.
The definition of marital alimony is canceled based on the availability or difficulty of the consort’s condition, and it is stipulated that in the difficult case of the consort’s condition, the amount of the alimony does not meet the necessities of the wife Article 16/2 of the legislation no. 100 of the year 1985.
5_ cases of alimony for the wife.
The first case: a brutal wife.
If the wife becomes disobedient, i.e. outside of her obedience to her partner without a legal motive, and this is by a final ruling, the right to marital alimony is waived from her because she has missed the right of her partner to be prevented.
The second case: the traveling wife.
If the wife travels whether he is alone or forbidden by her family, and therefore without her partner’s permission, the right to marital alimony is waived, because she misses the right of her husband to be married.
The third case: the working wife.
The rule according to Law No. 100 of 1985 that a working wife, if her work is legitimate, does not revoke her right to marital maintenance, except for the following:
– If there is an abuse of the right of effort.
– If her work was contrary to the good of the family and the request of her partner, she would stop her effort.
Fourth case: the apostate wife.
A wife who refuses from Islam to be married to his husband’s alimony, because it is necessary to distinguish between her and her partner.

The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

Fifth case: the kidnapped wife.
If the wife is kidnapped, she does not have the alimony for her husband, because the right to guard has passed over her partner.

Sixth case: Confined wife.
If the wife is arrested, even unjustly, her right to marital alienation is forfeited, because the right of retention has passed on her partner, but if she is arrested with the aim of debt to the consort, then she is entitled to her expense.
6_ The papers required to file a marital alimony lawsuit.
*_ Marriage certificate.

* _ Wife’s card copy.

* _ Attorney and attorney above him

* _ A copy of the youth’s birth certificate, if any.

* What is the income and property of the consort?

* _ The lawsuit is attached to the above, including the imprint of the law firm.

* Resort statement for settlement.
7_ procedures for the promotion of marital alimony lawsuit.
It is divided into:
A: Leadership actions to the Dispute Settlement Office.

The best clarification on the case of Marital Expense 2020

The best clarification on the case of Marital Expense 2020

– Cancellation of driving to the settlement office, and therefore requesting settlement of disputes, and attach a copy of the wife’s card + the birth certificate of the young men + the marriage certificate + the appointment of a lawyer and a copy of Kareni

– The wife’s statement is written off by the practitioner and the person with psychological and social experience. Then, the session is learned that the wife has learned, and the publication and promotion of the partner in the position of the consort is not canceled

The best clarification on the case of Marital Expense 2020

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