Q: I gave a loan of 75,000 AED to my husband. We got divorced. What should I do, start a Personal Status case using Article 62/1 or a Civil Case? A: If a paper is signed that he has received the amount, the direction will be towards the civil lawsuit and filing a lawsuit against the defendant…

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Navigating loan repayment after divorce - personal status or civil case?

Dear sir/madam,

I gave a loan of 75,000 AED to my husband, who signed a simple, three-sentence loan confirmation letter acknowledging receipt of the money as a loan from me (not notarized).

Afterward, we got divorced. He is now refusing to repay the loan.

A) What should I do, start a Personal Status case using Article 62/1 or a Civil Case?

B) Will this matter be considered as a civil loan between civilians (even though we were married) or is any matter between married couples always under Personal Status law?

I would appreciate your help with these two questions!

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Ahmed Abbas

Dr. Mohamed Alhammadi Advocates and Legal Consultants

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5 Feb 2023, 12:50

Dear questioner,

Article 62-1 of the personal law should be applied to your matter, so that, it will not be a civil case.

5 Feb 2023, 12:51

Did you send him a legal notice?

5 Feb 2023, 13:25

Some lawyers say that it is a civil court case because I gave a civil loan.

Others say that Article 62/1 of the personal status law applies (even though there was no financial participation or joint development of assets as mentioned in 62/1).

I gave a civil loan to the husband without financial participation or joint development. The Loan acknowledgment says that the husband will pay whenever I demand, but 62/1 says that the case can only be started in case of divorce or death.

Which is correct? Civil lawsuit or Personal Status lawsuit?

Yes, I sent the notice.

5 Feb 2023, 13:28

Is it impossible for ex-husband and ex-wife to file a civil case against themselves or all cases regarding assets and loans between ex-spouses are dealt with exclusively within Personal Status Court?

5 Feb 2023, 13:44

From my point of view, it should be a personal case, however, even if you file it as a personal case and it is not correct, the court will decide to transfer it to the civil court. So it is not a big deal.

5 Feb 2023, 13:45

Anyway, you need to proceed further as long as you sent a notice to him.

5 Feb 2023, 13:46

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Mostafa Mahmoud Salama Ahmed

Al Aman Legal Consultancy

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7 Feb 2023, 04:39

Dear Madam,

After Greetings,

Please note that if a paper is signed that he has received the amount, the direction will be towards the civil lawsuit and filing a lawsuit against the defendant with a performance order, opening an execution file, and then implementing the decision, the judgment, issued against him.

With full respect and appreciation!

7 Feb 2023, 04:53

Thank you!

8 Feb 2023, 02:01

Welcome!

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