أسئلة وأجوبة
How to implement the divorce judgment and claim alimony and custody?
First instance divorce judgment has been provided based on Article 7 of Federal Law 41 of 2022 and based on Article 133 of the Civil Procedures Code - the defendant was requested to pay expenses and fees.
Later, I received a notification to apply for implementation of the ruling and execution proceedings!
What action is required from the plaintiff?
Under Article 133 of the civil procedure code, can compensation for damage be claimed? And what type of evidence must be submitted?
Within how many days must the implementation of the ruling and execution proceedings be raised by the plaintiff to the court?
What are the rights, roles, and responsibilities of husband and wife regarding child custody and child support based on the above judgment?
We are pleased to respond to your consultation.
The plaintiff should notify the defendant to pay. Then if he doesn't, the plaintiff can make a seizure order.
About the compensation, there is no compensation in divorce. You can issue an alimony claim.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp.
Dear Questioner,
Thanks for your inquiry.
Regarding the above, we would like to inform you that:
1. What action is required from the plaintiff?
The plaintiff must apply for the implementation of the ruling and execution formula within the specified time period.
2. Under Article 133 of the civil procedure code, can compensation for damage be claimed? And what type of evidence must be submitted?
To claim compensation for damages, the plaintiff must submit evidence such as receipts, invoices, or any other relevant documents to prove the amount of damages incurred.
3. Within how many days must the implementation of the ruling and execution proceedings be raised by the plaintiff to the court?
The implementation of the ruling and execution proceedings must be raised by the plaintiff within 30 days from the date of the notification.
4. What are the rights, roles, and responsibilities of the husband and wife about child custody and child support based on the above judgment?
Based on the above judgment, the rights, roles, and responsibilities of the husband and wife regarding child custody and child support will depend on the specific details of the case and the decision of the court.
Generally, the court will consider the best interests of the child and may grant joint custody or sole custody to one parent.
The court may also order the non-custodial parent to pay child support to the custodial parent. Both parents have a responsibility to financially support their children and provide for their well-being.
Kindly do not hesitate to contact us by email.
Regards,
Dear Questioner,
In the UAE, judgments are not executed immediately once they are issued. Rather, they must become final after the methods of appeal have been exhausted.
For example, the judgment becomes final and enforceable if the period prescribed for an appeal has passed without a litigant having appealed against it.
The compensation claim is based on Article 9 of Act No. 41 of 2022, and the damage can be established using any proof method.
Children's custody is a common and equal right of father and mother.
If the father and mother disagree on any matter of joint custody, either of them has the right to apply to the court in accordance with the form prepared for that objection or to request the court's intervention to adjudicate on the disputed matter.
The court has the discretion to decide what it deems appropriate for the benefit of the child at the request of either parent after the divorce.
If you still need more clarification, you can contact us on our email [---------].
