In the absence of evidence … spending out of emotion “Heba” is not recovered

Cases pending before the courts showed legal and social repercussions in the absence of documenting the movement of money between the two parties to the marital relationship, as the portable passion is unlimited, often, the subject of the necessary evidence, when one of the parties provides a valuable gift, or an amount of money to the other, then discovers that he does not deserve it, and he is quick to search for a way to compensate for his double loss.

From the reality of the issues, the woman appears to be the most vulnerable party to this type of shock, as the rulings issued appear multiple cases of wives who seek to recover amounts they spent from their personal accounts during the marriage period, or before them.

Although these expenditures often start from good intentions and a desire to support common life, their failure to register them within the framework of clear legal agreements on their nature turns them into “gifts” or “gifts”, meaning that it cannot be recovered, which causes judicial disputes that re -draw the limits of financial obligations between the two parties.

One of the stories of a woman has paid more than 200 thousand dirhams from her account to cover her marriage expenditures, including hotel reservations and travel, in addition to renting their marital residence, and a vehicle recorded in the name of the husband. After the secession, it demanded the recovery of the amounts that it spent, but the court rejected the lawsuit, considering that “spending was not documented in the form of a loan or debt, but rather a gift granted out of emotion.”

A man demanded his ex -wife to return a plot of land that he had previously endowed to her, but the court rejected the lawsuit, after it was proven that he had transferred its legal ownership to it, and that the gift was implemented permanently irreversible.

In a similar story, the wife of objection to a gift that she gave her husband to his first wife tried, but the court confirmed that the gift was carried out within the framework of the marital relationship, and it was done on its legal conditions, and therefore it is not permissible to refer from it.

On the other hand, a girl resorted to court after being exposed to what she described as “emotional fraud”, as a man promised her to marry, and he was able to receive money from her in stages, totaling 175 thousand dirhams.

The girl attached her demand for pictures of financial transfers and messages confirming that he promised her to marry, and that he obtained the financial payments from her on this basis, to rule the court to compel him to return the full amount, considering what happened “cheating and fraud”, pointing out that he misunderstood confidence to obtain money.

A woman also granted her future partner an amount exceeding 90 thousand dirhams before marriage, based on an agreement between them, according to which he committed to payment through monthly installments.

After a short marriage that was not written for him, the man refrained from fulfilling his commitment to her, and refused to return the money, which prompted her to resort to the judiciary, and to provide the necessary papers to confirm her right to claim the amount.

The court did not hesitate to support its right to restore its money while calculating the legal interest.

Commenting on these issues, the legal advisor and lawyer, Mansouri’s bracelets, confirmed that wives enter marital life as real partners, and do not hesitate to do anything that would establish their marital life. Many of them contribute financially to the marriage and home equipment, but few of them are keen to maintain clear contracts or evidence that guarantee them their rights.

She added that «wives pay money in order to want to enhance passion and confidence, but the conditions do not go as we want always, so they may discover the size of the loss after the divorce if they do not have evidence confirming that what he paid was as a loan, not the non -recovered gift.

Al -Mansouri called for the conclusion of clear legal items or supplements that document the wife’s contribution to building the marital home and registering any expenses, to ensure her right in the future in the event of a divorce in restoring what he paid, because the court rejects such claims unless there is evidence, contracts, witnesses or documents documents that include an explicit agreement on the recovery, and also called for the regulation of legal courses for those who are about to marry, to protect them from the danger Being behind passion at the expense of financial rights.

For his part, Legal Adviser Rashid Al -Hafiti said that the imbalance of the principle of distributing responsibilities between the spouses is the fundamental reason in most marital disputes, stressing that some wives find themselves forced to bear the expenses of marriage in full sometimes, due to societal pressures, or promises from the other party that he will return all the money he gets after exceeding temporary financial distress, or certain conditions that pass through it.

He stressed that «the problem is not only the unaccounted initiative, but that the girl does so sometimes before the marriage contract, that is, before the existence of the relationship between the two parties formally proves, which exposes her to exploitation or emotional manipulation, without there being a legal cover.

Al -Hafiti added that several cases of this type revealed a pattern that is repeated in the courts, where the relationship begins with non -documented oral promises, and then ends with a lawsuit to demand the restoration of large sums, stressing that spending in married life is a natural and required matter from both parties, provided that it is done according to clear rules and based on religious and legal awareness, and not only for passion.

In turn, social worker Amal Mohamed Rashid stated that some girls resort to covering the costs of marriage themselves, for fear of “spinsterhood” or in pursuit of flashy wedding parties, or as a result of in response to temporary feelings towards a person who seems weak financially.

She added that building a solid marital relationship must be based on respect, understanding and balance in responsibilities, explaining that “joint financial planning between the spouses is important from the beginning to avoid legal problems in the future.”

She called for providing awareness courses for those coming to marriage, including emotional and financial education and communication skills, to ensure the sustainability of the relationship, stressing that resorting to the courts must be the last solution when a financial dispute occurs, not the first of them.

. Common financial planning between spouses is important to avoid legal problems in the future.

. The disruption of the principle of distributing responsibilities between the spouses is the cause of most marital disputes.

. Building a solid marital relationship must be based on understanding and balance in responsibilities.