أسئلة وأجوبة
After a post-divorce verdict, what happens next in the appeal session?
Hello,
I recently concluded a post-divorce financial case, and a verdict was issued. However, the defendant has appealed, and the appeal session is scheduled for a few days from now.
What should I expect during this session?
Also, is there any possibility for the defendant to appeal again after this?
Dear Questioner,
Thank you for your inquiry!
I understand that you have recently concluded a post-divorce financial case and are now dealing with the defendant's appeal.
I will explain what you can expect during the appeal session and address whether further appeals are possible after this stage.
1. What to Expect During the Appeal Session:
The appeal session is an opportunity for the appellate court to review the case and the original verdict issued by the first-instance court. Here’s what you can generally expect:
a. Review of the Case:
The appellate court will review the facts of the case, the legal arguments presented, and the original judgment. They will assess whether the lower court made any legal errors in interpreting the law or applying it to the facts.
b. Defendant's Arguments:
The defendant (or their legal representative) will present their reasons for why they believe the original decision should be changed. This could involve disputing facts, evidence, or the way the law was applied.
c. Plaintiff's Defense:
You (or your legal representative) will have the opportunity to present your side of the case, defending the original verdict and showing why it should remain unchanged.
d. Possible Outcomes:
- Upheld: The appellate court may uphold the original verdict, meaning the decision will stand.
- Modification: The appellate court may modify the decision, changing the financial ruling or other aspects of the judgment.
- Reversal: In some cases, the appellate court may completely reverse the decision, potentially ruling in favor of the defendant.
- Decision: In some cases, the court may not issue a final decision during the session but may instead set a future date for a verdict. However, if the decision is made, the judge will announce the outcome.
2. Can the Defendant Appeal Again?
After the appeal session in the UAE, there is a possibility for further appeals, but this is usually subject to certain conditions:
- Second Appeal (Court of Cassation):
If either party is dissatisfied with the decision of the appellate court, they can appeal to the Court of Cassation (the highest court in the UAE). This is the final stage in the UAE judicial system.
- Limitations:
The Court of Cassation does not re-examine facts or evidence. Instead, it reviews the application of the law. It can only consider whether there were legal errors made by the lower courts.
- Grounds for Appeal:
An appeal to the Court of Cassation is typically allowed if there is a question of law (for example, if the law was misapplied or misinterpreted).
- Finality of Cassation Decision:
Once the Court of Cassation issues a ruling, the decision is final and binding. There are no further appeals beyond this court.
3. Conclusion:
During the appeal session, you can expect the appellate court to review the case and arguments from both sides before issuing a judgment, which could either uphold, modify, or reverse the original decision.
If the outcome of the appeal is unsatisfactory to either party, they may file a second appeal with the Court of Cassation, provided there is a legal basis for doing so. However, the Court of Cassation does not re-examine facts but focuses on legal issues.
Should you need any further assistance or clarification as your case progresses, please feel free to reach out.
Best regards,
Mohammed Salah
Legal Consultant
During an appeal session, expect a process that differs from a trial, focusing on whether legal errors occurred in the lower court's proceedings rather than a retrial with new evidence.
Both parties will present oral arguments for a limited time, during which judges may ask clarifying questions.
A key aspect is that no new evidence can be introduced, and after the hearing, there may be a waiting period for the decision, which can take weeks to months.
The appellate court can either affirm, reverse, or remand the case, and will issue a written opinion outlining its reasoning.
If dissatisfied with the outcome, further appeals to higher courts may be possible, but they require substantial grounds and must be petitioned within a specified timeframe.
Hello,
In the upcoming appeal session, the court will review the first-instance judgment and hear both parties' arguments. The ruling may be upheld, modified, or overturned.
If the appeal court issues a judgment, the losing party can file a Cassation appeal within 30 days, but only for legal errors, not factual review. If no appeal is filed, the judgment becomes final and enforceable.
For more, kindly contact us at [-----------].
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
In your upcoming post-divorce financial case appeal session, expect a review by three Appeals Court judges.
Both parties may present arguments, and the court will examine the original decision along with any new evidence.
The appeals court typically favors the original judgment unless significant errors are found. After this appeal, the defendant can theoretically continue appealing up to the Supreme Court, but each subsequent appeal becomes more focused on legal arguments rather than factual disputes.
Your presence may not be required in higher court proceedings. The appeal's success depends on proving substantial errors that could change the case outcome. Consult your legal representative for specific guidance and to prepare for potential outcomes.
You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.
Thank you!
ABDUL WAHIED
Greetings of the day,
Since the defendant has appealed the post-divorce financial verdict, "What to Expect in the Appeal Session"?
1. The appeal court will not retry the entire case but will review whether the lower court’s decision was legally sound based on the evidence and arguments presented.
2. The defendant will present reasons for challenging the verdict, while you (or your lawyer) will defend the original ruling.
Possible Outcomes:
1. The court may reject the appeal, and the original decision remains enforceable.
2. The court may reduce or alter the financial obligations.
3. In rare cases, the appeal court may reverse the decision, though this typically happens only if legal errors are found.
Kindly contact us via email or phone for further assistance.
Best regards,
Sara Al Saedi Advocates & Legal Consultants
According to UAE law, during the appeal session, the higher court will review the case and may either uphold the judgment, modify it, or send the case back to the lower court.
After that, the defendant may appeal the judgment to the Court of Cassation if there are legal grounds to do so.
We specialize in such cases, and you can contact us via WhatsApp for further legal support and assistance.
