Questions & Answers
How to provide visa in a personal status case if there is execution process preventing it?
Hello,
I am seeking clarification on the execution process for a judgment issued by the Dubai Courts.
The case (No. [---/---]) is for the execution of a personal status judgment for non-Muslims (No. [---/---]). The judgment includes both a monetary award and a separate, non-monetary order (to provide a visa).
The execution for the monetary part is currently pending as the court's system is waiting for an exact final amount to be calculated by the accounts department.
I have been told that because the monetary amount is part of the same judgment, the non-monetary visa order cannot be pursued separately until the monetary calculation is complete.
Is this correct?
In the Dubai Courts, are the enforcement processes for monetary and non-monetary orders dependent on each other, or can they be pursued at the same time?
Hello,
In Dubai Courts, once the execution file is opened, the judgment debtor is formally notified, and the statutory 7-day period elapses, you may begin enforcement steps such as tracing and attachment for the monetary part.
As for the non-monetary order (such as the obligation to issue or provide a visa), this is not suspended pending the calculation of the monetary award.
You are entitled to file a separate request within the same execution file asking the court to issue an enforcement letter addressed to the competent authority that must carry out the non-monetary obligation.
Therefore, the monetary and non-monetary aspects of a single judgment do not depend on each other; both can be pursued in parallel, but each requires its own procedural step through the execution judge.
Thank you for contacting HK Advocates.
Please be informed that we understand that an execution file has been filed before the Dubai court.
Once the execution is registered, the other party will be notified to settle the adjudged amount within 7 days; otherwise, the execution procedures will be imposed against them.
Further, for the non-monetary part of the judgment, an application will be submitted to the execution judge in the same execution case in order to enforce such orders.
Hello sir,
It is clear that the ruling was not in person.
There is a chance if it is in person, but if it is in person, you should request installments, for example.
I would be happy if you would share the documents with me or call me so that the consultation is more effective.
Thank you.
