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جميع المدن, الإمارات العربية المتحدة

After winning the appeal, can they appeal again, or should I proceed with execution?

Hello,

I recently concluded a post-divorce financial case and also won the appeal. Can they appeal again, or can I request execution?

What is the process for execution, and how long will it take?

Thanks a lot!

متميز
سارة الساعدي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
20 Feb 2025, 08:15

Good Morning,

Since you have won the appeal, the opposing party may have limited grounds for further appeal, depending on the jurisdiction and the nature of the case.

You can proceed with execution by filing an execution request with the relevant court. The execution process involves enforcing the court's judgment, such as recovering awarded amounts or ensuring compliance with orders.

The timeline for execution varies based on court procedures and the respondent’s cooperation, but it generally takes a few weeks to a month.

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 08:19

If you've won the appeal in your post-divorce financial case, it is generally considered the final decision.

However, there may still be a possibility for further legal action depending on the nature of the case and whether your ex-spouse has the right to file for a final appeal (cassation) to a higher court.

- Execution Process:

If no further appeals are possible, you can proceed with the execution of the court ruling. This means you can request the court to enforce the judgment (such as payment of financial dues).

The process typically involves filing a request for execution with the court that issued the judgment.

- Time Frame:

The execution process can take anywhere from a few weeks to a few months, depending on factors like cooperation from the other party and the complexity of the case.

For further guidance and assistance, feel free to contact us.

Hope this helps!

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 08:21

Hello,

Once a party has exhausted their right to appeal, they generally cannot appeal again on the same grounds. However, the opposing party may seek a higher court review if significant legal questions are involved, though this is rare.

After winning an appeal, execution of the judgment can begin by obtaining a certified copy, determining proper enforcement mechanisms, filing necessary documents, serving notice to the other party, potentially engaging law enforcement for compliance, and monitoring the execution process.

The timeline varies based on case complexity and local laws, so consulting a specialized attorney is advisable. Please contact us via phone or email.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 08:35

Dear Questioner,

Thank you for reaching out regarding your post-divorce financial case!

1. Can they appeal again?

Once you have won the appeal, the judgment is considered final unless there are exceptional circumstances or legal grounds for a further appeal, such as a procedural error or a fundamental legal issue in the case.

Generally, in UAE law, once a decision has been made at the appellate level, the opposing party has limited options for further appeals.

However, they may file a "cassation" appeal (the highest level of appeal) if they believe there are valid grounds to do so, although this is a highly specific process and not commonly granted.

2. Can I ask for execution?

Yes, once the appeal has been finalized and the judgment is confirmed, you are eligible to request the enforcement (execution) of the judgment.

This would involve the legal process of ensuring that the terms of the judgment are carried out, such as receiving the financial amount or property as awarded by the court.

3. What is the process for execution?

The process for execution involves filing an application for execution in the court that issued the judgment. You will need to provide the necessary details, including the final court decision and any documentation supporting the execution request.

The court will then issue an execution order, which can be enforced by the relevant authorities, such as the execution officers. This may involve garnishing the debtor’s wages, freezing assets, or other enforcement actions.

4. How long will it take?

The execution process can take several weeks or even months, depending on various factors such as the cooperation of the opposing party, the complexity of the assets involved, and the backlog of cases in the court system.

It can vary from case to case, but you can expect the process to take a minimum of 2-3 months. If there are complications (e.g., asset seizure or the debtor is uncooperative), it could take longer.

Please let me know if you would like assistance with initiating the execution process or if you have any further questions.

Best regards,

Mohammed Salah

Legal Consultant

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 09:11

Even if a further appeal is possible, it must be based on specific legal grounds, such as errors in law or procedure.

Simply disagreeing with the outcome is usually not sufficient. Once all appeal options are exhausted or the time for appeal has passed, you have the right to execute the judgment.

This means you can take steps to enforce the court's order and collect any money or assets owed to you.

You will typically need to file an application for execution with the court that issued the original judgment.

This application will request the court to enforce its order. Execution can sometimes take months (2-4), especially if the other party is actively trying to avoid compliance.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 09:39

Dear Inquirer,

We are pleased to serve you and address your inquiries.

You can apply to enforce the judgment and register the enforcement lawsuit as a continuation of the procedures.

Kindly contact us via email or phone for further assistance.

متميز
سارة الساعدي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
20 Feb 2025, 10:15

If you win the appeal, you will apply for an executive formula and open an executive file based on the ruling.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Feb 2025, 11:13

Congratulations on successfully concluding your post-divorce financial case and winning the appeal.

Generally, once an appeal decision is issued, the case reaches finality unless the opposing party has grounds to escalate the matter to a higher court (such as the Court of Cassation, if applicable). However, if no further appeal is allowed, you can proceed with the execution of the judgment.

The execution process involves submitting an execution request to the court, which will then notify the other party to comply with the judgment.

If they fail to do so, enforcement measures such as asset seizure, salary deductions, or travel bans can be applied. The timeline for execution varies depending on the complexity of enforcement, but it usually takes a few weeks to a few months.

To ensure a smooth and swift execution process, I can assist you with filing the request and enforcing the judgment effectively.

Please reach out to me via WhatsApp or phone to discuss the next steps.

Best regards,

Suhail Rana

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