Monthly Archives: November 2016

Know More About Family Court Process

1. Statement of Claim The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the parties, the location, and addresses of the parties along with their phone numbers, the legal grounds for the claim and the request and demand of the claimant. The statement of claim is a summary of the facts and leads the way further into the process.

2. Submitting the Claim The statement of Claim is submitted to the Family Court via an online system. After the claim is received by the Case Management Department at the Family Court, the claim is studied. Following this, the court might ask the claimant for further clarification of the submitted claim which might include clarification of the facts, or the contact details of the parties, or any other information the Court thinks is necessary for the claim to proceed to the next step in the Family Court process.

3. Notification Process The notification process is, perhaps the most challenging part of the proceedings for the claimant. The notification process is lengthy and time consuming and can take up 30% to 40% of the time of the entire case. This time can be anywhere up to 4 months. Upon the filing of the case, the Notifier (Clerk of the Court) shall issue a summons for service of the Court proceedings upon each Respondent listed. The summons shall be signed by the Court and it must contain the name and address of the Court and the names and addresses of all the parties. It must be directed to the Respondent(s) and includes the date on which the Respondent is asked to appear at Court for the initial hearing. The Notifier (Clerk of the Court) shall take the summons and attempt to serve the same on the Respondent. However, there are many cases in which the clerk is unable to serve the Respondent, for example, when the provided information regarding the Respondent’s place of work or residence is unclear, incorrect or the Respondent was not present at the address when the service was attempted. In circumstances where the Notifier was unable to give notice to the Respondent, the Judge will adjourn the hearing and make an order to follow the Guidance procedure.
This process enables the Claimant or his representative to accompany a clerk to the Respondent’s home to attempt to serve him. If this process still does not result in the Respondent being served, the Judge will order an ‘Investigation’ to take place. If the Guidance does not help for any reason, such as the address does not exist or it was closed, then the court shall postpone the case for an investigation process. This means that the official letter shall be sent by the court to Immigration and CID to find out information about the opposing party. At this stage, there are two likely scenarios: If the Government authorities report back stating that they do not have any information about the Respondent, the matter shall proceed to the Publication Stage (see below).
It is rare that the Governmental authorities cannot provide information on an individual. If the Governmental authorities do provide useful information about the location of the individual, the notification process will be repeated, with or without Guidance. If the Respondent could not be notified, the Judge will adjourn the hearing to allow a publication to be made in the newspaper. An advertisement will be made in a UAE-based newspaper requesting the Respondent make contact with the Court within a certain period.
The publication can be made in Arabic and/or English and the cost of the publication must be borne by the Claimant. If the Respondent does not contact the Court within the time period, the Judge may order that a further advertisement is published in the newspaper. After both publications, if the Respondent does not attend the next hearing listed, the case will be postponed for judgment. In some circumstances, the Respondent is correctly served by the Notifier but fails to attend the initial hearing. In such circumstances, the Court decides to notify the Respondent for the second time and in the event that the Respondent fails to appear for the second time the Judgment is made by the Court.

4. Memos Process Following the notification of the parties, the process of exchanging memos starts. The initial memo is submitted by the Claimant or his lawyer to the court. After this is done, one of two things are likely to happen: Firstly, The Respondent might ask the court for more time to study the Claim or time to appoint a lawyer. Secondly, If the claimant attended the first hearing himself, his lawyer is likely to ask for time to study the file. These requests shall be submitted in writing to the court.

5. Offering Settlement It is mandated by Law, that during te course of the proceedings, the court must offer the Parties an amicable settlement to the dispute at least once. The court has wide discretion as to when it think it appropriate to do so, however, it is a compulsory step by the court. This offer of an amicable settlement can be offered by the court both at the First Instance stage as well as the Appeals stage. Keeping the significance and the moral structure of the society and the importance of family therein, the offer of a settlement by the court is the last attempt by the court to reconcile between the parties.
The parties are required to be present, in person, at this stage. If an amicable settlement is reached between the Parties at this stage, an agreement is drafted and placed in front of the judge for his approval. If and when he accepts, the agreement becomes part of the judgment in the case and id documented for all future reference as both parties are bound by the terms and conditions of this agreement. If no amicable solution is reached, the case resumes and takes its legal course.

When You Want To Divorce

Filing for Divorce – Divorce law. The law in each state is different. There are some common things. The only way to do it legally is to get a divorce if you or your spouse or both want to end the marriage.

Where Do You File? A legal court in the state, more exclusively, the county where you and your spouse live, will issue a decree that will legally conclude your marriage.This divorce decree will establish each parties part in the proceeding. This will include determining if the property will have to be sold, child custody, and if one spouse is going to have to pay the other on a set amount of time to support them. The whole divorce process is a legal way to give a remedy to two people that are not able to come up with the answers themselves.

When Should You File A Divorce? Do it as soon as you can once you have determined that filing for divorce is something that you want to go ahead with. The faster you do it, the quicker it will come to an end.If you feel that you are physically in danger in the relationship, A divorce petition is a good idea. If there is a real danger of harm, filing for divorce should be done.

When Filing For Divorce, What Information Do I Need? If you are not married, you can not go through the divorce process. This information will be used to determine how much support one spouse may be entitled to, how much child support will be awarded, and other things after you file. You will also need a list of assets. This is so the courts can determine the distribution of assets if the two people filing for divorce can not come up with an equitable distribution plan themselves.

Can Filling For A Divorce Be Done So You Can Have A Fast Divorce? You can file for divorce any time you like. As far as getting a fast divorce, that is questionable. The only way that will happen is if both parties agree to arrangements, distribution of assets, the amount of child support and spousal support if any, and neither person contests the divorce. It is a rare situation when people filing for divorce can agree to all of this. Invariably, the husband or wife gets mad at something, their friends convince them to get a divorce lawyer and the whole plan goes bad. A fast divorce is possible if you are those rare people that work everything out between yourselves.

Does Filing For Divorce Require A Divorce Lawyer? You will probably want to retain a divorce attorney to guide you through the whole divorce process. Ask for references from the divorce attorney. At least those clients that will allow the divorce legal representative to give out their names.When filing for divorce will make probably ease some of the stress you will go through during this whole divorce process, having a lawyer. The attorney can assist in filing divorce papers and guide you. Most of the time a law firm will have a reputation in the types of things that specialize in. Pick one with a good reputation.

Final Comments For Filing For Divorce States have different rules when it come to dissolution of marriage or filing for divorce. Some see being unfaithful to your spouse as reason to file for divorce. In a no fault state you can sleep with all your neighbors, and the state does not care. Hire a local divorce attorney in your area. When filing for divorce, the attorney can try and get the soon to be ex-husband and ex-wife to try and come to an agreement. All the issues will be put on the table for discussion and resolution in the whole divorce process. You will both sit down and sign the divorce papers when it is all over. There are so many things to cover. When filing for divorce, it would be a good idea to hire an attorney to answer all of your questions.

Should You Know The Power Of Attorney

A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes.

The attorney and the person giving it must be over 21 years of age and must be of sound mind. A Power of Attorney is also required by lawyers prior to acting on behalf of their clients. If a Power of Attorney is executed in Dubai by a resident expatriate, a local citizen or a visitor, it must be signed by the person, bearing his original ID (Emirates ID or passport), in front of the notary public. After notarisation, two copies are given to the two parties and one is retained by the notary public for their records.

If a Power of Attorney is executed outside the UAE for use within the UAE, it has to be signed in front of the notary/magistrate/solicitor in the country of origin, attested by the foreign office in that country and legalised by the UAE embassy in the country of execution. The same document shall then be translated into Arabic in the UAE, attested by the Foreign Office in the UAE and legalised by the Ministry of Justice. A Power of Attorney (POA) allows the attorney to sign in all capacities as stated in the instrument. This can include the right to buy and sell property, file cases in court, sign contracts etc. There is a trust relationship between the person giving the power of attorney and the attorney.

Any misuse of the POA is an extremely serious offence and is considered a crime either through a breach of trust or fraud, and can be tried both under criminal and civil procedures in court. Although uncommon, one should take all necessary precautions while issuing a POA and if the POA is given for a specific task the executor should make sure that the instrument is cancelled following the correct procedures after the task is completed. There is no concept of a Lasting Power of Attorney under UAE law, which means that any POA is automatically cancelled at the death of the executor. Lasting POAs which have effect even after the death of a person are special Power of Attorneys under the common law. Irrevocable Power of Attorneys cannot be signed in Dubai. However, it is possible in other emirates like Abu Dhabi and Sharjah.

Each different Power of Attorney might have additional requirements according to the department using them. For example, a POA to sell a property cannot be given without being accompanied by the original title deed. A general POA to sell the property is generally no longer valid or accepted by the Dubai Lands Department. Any such Power of Attorney shall be accompanied with a title deed and shall have the address of the unit it is being given for. Any person giving a Power of Attorney should be careful about whether they do so jointly or individually. A joint POA can only be used in the presence of both attorneys mentioned. This will make the POA both more secure and less flexible. A Power of Attorney also contains the option of being delegable to another party. In such a case, it should be clearly written that the said Power of Attorney is delegable at the discretion of the attorney.

In such instances, the attorney, for his convenience or in the event he is unable to be present, can delegate the POA to a third party who will then as a result also act for the executor under the same principles as contained within the given POA. A POA can be cancelled by the executor at any time. The cancellation is done at the notary public and generally does not require the presence of the other party. However, some POAs require the other party to be present at the time of the cancellation. Additionally, if the POA is stipulated by a timeframe, it automatically expires at the conclusion of this period, with no further notice.