What is “material (financial) harm” under Egyptian law?

Material harm generally refers to persistent failure to provide lawful maintenance and financial support, or conduct that causes tangible economic prejudice to the spouse or household, such as abandoning financial duties, unilaterally dissipating funds, or leaving debts that destabilise family life. Courts assess patterns over time — missed maintenance, arrears, and the practical impact on housing, utilities, schooling and medical needs.

While rites and personal status rules differ, the core enquiry is whether harm has made continued cohabitation unreasonable. Children’s rights to maintenance and care are independent and remain protected regardless of the ground for divorce.

Jurisdiction and international elements

Foreigners and mixed-nationality couples may file in Egypt where the Family Court has jurisdiction, for example by residence or domicile, the place of marriage, or other connecting factors. Marriage certificates and financial records issued abroad typically require certified translations and legalisation or apostille. If parallel proceedings are underway overseas, early strategy is essential to manage timing and recognition.

Evidence strategy — proving material harm

• Maintenance and arrears: bank statements, transfer logs, payroll slips or formal demands showing non-payment.
• Household impact: rent and utility arrears, eviction or default notices, school fee statements and medical bills.
• Income and capacity: payslips, company records, tax filings or business extracts evidencing ability to pay.
• Digital trail: emails or messages acknowledging non-support or refusing maintenance (exported lawfully and translated).
• Witnesses: landlord, school administration, neighbours or family confirming sustained financial neglect.
• Cross-border proof: overseas bank and asset records, remittance histories, residence and work permits abroad.
• Formal notices: notarised warnings or payment demands demonstrating attempts to resolve matters before litigation.

Build a dated, paginated bundle. Map each exhibit to a specific allegation, for example “March–June: no rent paid; landlord notice dated 12 April”. Clear indexing and certified translations increase evidential weight.

Procedure and realistic timeline

1. Dispute Settlement Office (conciliation): a formal attempt at reconciliation; if unresolved, a report enables filing in the Family Court.
2. Filing and service: the petition pleads material harm and annexes exhibits. Service — especially abroad — is a primary timing driver.
3. Interim measures: temporary maintenance, housing and child costs may be requested while the main case is heard.
4. Hearings and proof: testimony and document review; the court evaluates credibility, capacity to pay and sustained harm.
5. Judgment: if harm is proven and reconciliation unrealistic, a judicial divorce issues. Timeframes are typically measured in months.
6. Post-judgment steps: obtain certified copies, translations and, where needed, recognition or registration abroad.

Children, housing and maintenance

Children’s rights are preserved. Courts may order child maintenance and associated schooling and medical costs, and regulate custody and visitation based on best interests. Housing solutions depend on circumstances; evidence of instability strengthens interim relief requests.

Documents checklist for foreign clients

• Original or certified marriage certificate (foreign certificates: certified translation plus legalisation or apostille).
• IDs and passports; proof of residence or domicile where relevant.
• Financial records: bank statements, payroll, remittances, arrears notices and invoices.
• Household evidence: rent and utility statements, school fees, medical bills, eviction or default notices.
• Communications: emails and messages on maintenance or non-support (exported lawfully and translated).
• Witness details and any formal notices sent before litigation.
• A power of attorney if counsel in Egypt will act on your behalf.

FAQs

Is there a fixed amount or duration that proves material harm?

No universal figure or period applies. Courts assess sustained neglect relative to income and capacity, and the concrete impact on family life.

Can I claim interim maintenance while the case is ongoing?

Yes. Temporary maintenance and related measures can be requested pending judgment, especially where children or essential housing costs are at stake.

What if key evidence is abroad?

Cross-border records are usable with certified translations and proper legalisation or apostille. Planning early helps avoid delay.

How long from filing to judgment?

Timelines depend on service, court calendar and file completeness. Well-prepared cases typically conclude within months.