Amazines Free Article Archive
www.amazines.com - Tuesday, October 04, 2022
Read about the most recent changes and happenings at Amazines.com
Log into your account or register as a new author. Start submitting your articles right now!
Search our database for articles.
Subscribe to receive articles emailed straight to your email account. You may choose multiple categories.
View our newest articles submitted by our authors.
View our most top rated articles rated by our visitors.
* Please note that this is NOT the ARTICLE manager
Add a new EZINE, or manage your EZINE submission.
Add fresh, free web content to your site such as newest articles, web tools, and quotes with a single piece of code!
Home What's New? Submit/Manage Articles Latest Posts Top Rated Article Search
Google
Subscriptions Manage Ezines
CATEGORIES
 Article Archive
 Advertising (133527)
 Advice (161583)
 Affiliate Programs (34788)
 Art and Culture (73842)
 Automotive (145686)
 Blogs (75449)
 Boating (9851)
 Books (17221)
 Buddhism (4129)
 Business (1330154)
 Business News (426438)
 Business Opportunities (366490)
 Camping (10971)
 Career (72777)
 Christianity (15846)
 Collecting (11639)
 Communication (115076)
 Computers (241926)
 Construction (38951)
 Consumer (49947)
 Cooking (17079)
 Copywriting (6732)
 Crafts (18205)
 Cuisine (7549)
 Current Affairs (20308)
 Dating (45902)
 EBooks (19700)
 E-Commerce (48249)
 Education (185382)
 Electronics (83518)
 Email (6439)
 Entertainment (159838)
 Environment (28924)
 Ezine (3040)
 Ezine Publishing (5452)
 Ezine Sites (1550)
 Family & Parenting (110930)
 Fashion & Cosmetics (196549)
 Female Entrepreneurs (11852)
 Feng Shui (132)
 Finance & Investment (310550)
 Fitness (106444)
 Food & Beverages (63015)
 Free Web Resources (7939)
 Gambling (30227)
 Gardening (25194)
 Government (10513)
 Health (629934)
 Hinduism (2206)
 Hobbies (44080)
 Home Business (91593)
 Home Improvement (251153)
 Home Repair (46218)
 Humor (4717)
 Import - Export (5456)
 Insurance (45104)
 Interior Design (29595)
 International Property (3488)
 Internet (191012)
 Internet Marketing (146667)
 Investment (22859)
 Islam (1161)
 Judaism (1352)
 Law (80458)
 Link Popularity (4596)
 Manufacturing (20903)
 Marketing (99278)
 MLM (14140)
 Motivation (18233)
 Music (26999)
 New to the Internet (9497)
 Non-Profit Organizations (4048)
 Online Shopping (129729)
 Organizing (7810)
 Party Ideas (11853)
 Pets (38072)
 Poetry (2229)
 Press Release (12687)
 Public Speaking (5640)
 Publishing (7562)
 Quotes (2407)
 Real Estate (126625)
 Recreation & Leisure (95466)
 Relationships (87651)
 Research (16180)
 Sales (80346)
 Science & Technology (110282)
 Search Engines (23499)
 Self Improvement (153287)
 Seniors (6217)
 Sexuality (35998)
 Small Business (49290)
 Software (83018)
 Spiritual (23484)
 Sports (116150)
 Tax (7662)
 Telecommuting (34073)
 Travel & Tourism (308201)
 UK Property Investment (3122)
 Video Games (13382)
 Web Traffic (11764)
 Website Design (56894)
 Website Promotion (36619)
 World News (1000+)
 Writing (35840)
Author Spotlight
JIM TURNER

Jim Turner is a USA based author of Legal issues related to estate planning, will & trust , business...more
RAM SEWAK

Myself Ram Sewak possessing indepth domain experience of more than 10 years in SEO, SEM, Web Develop...more
GRAEME DIXON

About Octopus Intelligence We provide greater certainty with excellent global Commercial Compe...more
AREESH ISHTIAQ

Areesh Ishtiaq a Top Rated SEO and Digital Marketing Guru on Upwork, working as a project manager fo...more
HEINZ RAINER

Thirty years Africa, Asia, Europe | Worked in Industry, Trade | preferred Nations : China, Thailand,...more


Reciprocal enforcement of financial orders by Hassan Elhais





Reciprocal enforcement of financial orders by
Article Posted: 12/10/2015
Article Views: 424
Articles Written: 98
Word Count: 862
Article Votes: 0
AddThis Social Bookmark Button

Reciprocal enforcement of financial orders


 
Family & Parenting,Law
The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement of an ‘attestation case,’ this is loosely an application for a mirror order. Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts. The provisions are as follows:

Article 235

1) The execution of the decisions and orders delivered in a foreign country may be authorized in the state of the UAE under the same conditions decided in the laws of that country.

2) The execution order shall be requested before the Court Of First Instance in which area the execution is required, and it shall not be possible to order the execution before the verification of the following:

- That the state’s courts are not authorized to examine the litigation in which the decision or the order has been delivered and that the foreign courts which have delivered it are authorized to do so.

- That the decision/ order has been delivered from an authorized court according to the law of the country in which it has been issued.

- That the litigant parties in the action in which the foreign decision has been delivered, have been assigned to attend and have been properly represented

- That the decision/ order has acquired the power of the decided order according to the law of the court which delivered it.

- That it does not conflict with a decision or an order delivered previously from a court in the state, nor does it include what breaches the morals or the public order therein

In summary of the above, foreign financial orders can be enforced in the Dubai courts if:

- The Dubai courts did not have jurisdiction to deal with the original litigation - The English order was produced by a competent court using the laws of England and Wales - Both parties were given notice of the hearing and attended or were represented - That the court had the jurisdiction to make the orders that it did - The order does not conflict with orders previously made by the Dubai courts, and the orders do not breach public order or morals

Once the attestation case has been carried out, the resulting mirror order could be enforced through an execution case. The UAE courts have very wide powers of enforcement for example:

1) Attachment of earnings: the judge may make an order that the employer disclose details of the husband’s salary and bonuses, then make an order that the maintenance owed is paid from the salary.

2) Enquiry of banks, or traffic and land departments: the judge can order an enquiry to determine whether, for example, a respondent has funds in their bank account to pay a lump sum, or a car or property that could be sold to meet an outstanding debt.

3) Freezing bank accounts: an order may be made to freeze a bank account if the judge believes that the respondent is likely to dissipate assets to avoid meeting their obligations under the original order.

4) Seizing goods: to ensure the repayment of a debt, a judge may order the seizure of property or other goods. The executive judge may transfer the matter to the executive judge of another court, in whose jurisdiction the property lies (for example in another Emirate).

5) Imprisonment: this is likely if the respondent shows a willful refusal to pay despite being able to afford to, or if the judge fears that they will flee the country. Imprisonment can only be for a period of less than three years. Imprisonment does not negate the need for the respondent to meet the terms of the original order.

6) Travel ban: the judge can make an order preventing the respondent from leaving the country. Once a mirror order has been obtained, it can be retained for future enforcement as required and used on more than one occasion.

If during the process of finalizing a financial agreement outside the UAE, it is anticipated that it may be necessary for the agreement/ order to be enforced within the UAE also, it is advisable to take precautionary measures. Either the parties could cooperate to obtain a mirror order in the UAE through an attestation case, or a cheaper option is for an agreement to be drafted in similar terms and put by both parties before the Reconciliation Committee of the UAE, resulting in an enforceable judicially approved document.

Financial relief after foreign divorce proceedings

What powers are available to make orders following a foreign divorce?

There are no specific statutory provisions dealing with financial provision after a foreign divorce. It would be for one party to rely on an order made by a foreign court (e.g. through an attestation then execution case), and the other party to put why it should not be enforced.

For more legal articles, please visit www.professionallawyer.me.

Related Articles - Family Law, Family, Dubai, United Arab Emirates, Lawyer in Dubai, Lawyer in UAE,

Email this Article to a Friend!

Receive Articles like this one direct to your email box!
Subscribe for free today!

 Rate This Article  
Completely useless, should be removed from directory.
Minimal useful information.
Decent and informative.
Great article, very informative and helpful.
A 'Must Read'.

 

Do you Agree or Disagree? Have a Comment? POST IT!

 Reader Opinions 
Submit your comments and they will be posted here.
Make this comment or to the Author only:
Name:
Email:
*Your email will NOT be posted. This is for administrative purposes only.
Comments: *Your Comments WILL be posted to the AUTHOR ONLY if you select PRIVATE and to this PUBLIC PAGE if you select PUBLIC, so write accordingly.
 
Please enter the code in the image:



 Author Login 
LOGIN
Register for Author Account

 

Advertiser Login

 

ADVERTISE HERE NOW!
   Limited Time $60 Offer!
   90  Days-1.5 Million Views  

 

Great Paranormal Romance


ADRIAN JOELE

I have been involved in nutrition and weight management for over 12 years and I like to share my kn...more
STEPHEN BYE

Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through the...more
STEVERT MCKENZIE

Stevert Mckenzie, Travel Enthusiast. ...more
TIM FAY

After 60-plus years of living, I am just trying to pass down some of the information that I have lea...more
SHALINI MITTAL

A postgraduate in Fashion Technology. Shalini is a writer at heart! Writing for her is an expression...more
GENE MYERS

Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more
LAURA JEEVES

At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more
SUSAN FRIESEN

Susan Friesen, founder of the award-winning web development and digital marketing firm eVision Media...more
ALEX BELSEY

I am the editor of QUAY Magazine, a B2B publication based in the South West of the UK. I am also the...more
WILLIAM BUCHANAN

William Buchanan has worked in the fields of marketing, advertising, and marketing research for almo...more

HomeLinksAbout UsContact UsTerms of UsePrivacy PolicyFAQResources
Copyright © 2022, All rights reserved.
Some pages may contain portions of text relating to certain topics obtained from wikipedia.org under the GNU FDL license