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Dubai, UAE

How can the alimony be discussed in court if the spouse did not attend the hearing of divorce?

Is alimony discussed during the 1st court hearing for unilateral divorce (personal status non-muslim) or will this be post-divorce?

If the spouse does not attend the hearing, will the divorce be postponed?

If the spouse cannot be found and is not informed, will Dubai Courts close the divorce case?

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KHE Legal Consultancy
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11 Jan 2024, 07:27

The initial court hearing for unilateral divorce typically prioritizes establishing grounds for divorce and confirming jurisdiction, with alimony not automatically being a focal point.

However, the judge may address alimony if deemed relevant to the case or raised by either party.

Persistent non-attendance could result in the court proceeding without their presence, subject to the judge's discretion and the unique circumstances of the case.

In situations where the spouse is untraceable, the court may opt to close the case after reasonable attempts have been made.

11 Jan 2024, 07:27

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Ibrahim Al Banna Advocates & Legal Consultants
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11 Jan 2024, 08:46

Thank you for reaching out with your important inquiry regarding unilateral divorce proceedings in Dubai.

I understand that you have questions about the inclusion of alimony discussions during the initial court hearing and the implications of a spouse's absence.

In a unilateral divorce case under personal status law for non-Muslims in Dubai, the discussion of alimony typically occurs during subsequent proceedings rather than the first court hearing.

The initial hearing focuses on establishing the grounds for divorce and the overall circumstances of the case.

If your spouse does not attend the first court hearing, it may not necessarily result in an automatic postponement of the divorce proceedings.

The court will proceed based on the information and evidence presented, and the judge will make decisions accordingly.

In the event that your spouse cannot be found or informed about the divorce case, the Dubai court will usually take appropriate steps to notify the spouse through alternative means.

If these efforts are unsuccessful, the court may proceed with the case, taking into consideration the circumstances surrounding the spouse's absence.

To discuss the specifics of your case in more detail and receive personalized advice tailored to your situation, I recommend scheduling a consultation.

Please feel free to reach out to me via WhatsApp or phone at. I am here to assist you in navigating the legal complexities and ensuring the best possible outcome for your divorce case.

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Al Fahad Legal Consulting
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11 Jan 2024, 08:53

Dear K,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, according to UAE law, alimony can be discussed during the first court hearing for a unilateral divorce (personal status non-Muslim).

However, if the parties are unable to reach an agreement on alimony during the first hearing, the court may schedule additional hearings to discuss and determine the amount of alimony.

If the spouse does not attend the hearing, the divorce may still proceed. However, if the spouse is not present and has not been properly notified of the hearing, the court may postpone the hearing until the spouse can be properly notified.

If the spouse cannot be found and has not been informed of the divorce case, the court may proceed with the divorce and make a decision on alimony in the absence of the spouse.

However, if the spouse is later found and can prove that they were not properly notified of the divorce proceedings, they may be able to challenge the decision made by the court.

Regards,

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Dar Al Haqooq Legal Consultancy
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11 Jan 2024, 13:27

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

During a unilateral divorce for non-Muslims in the UAE, alimony may be discussed as part of the proceedings, especially if requested.

If the spouse being served divorce papers does not attend the initial hearing, it may not necessarily lead to postponement, and the court may proceed.

Even if the other spouse cannot be located or informed, the court can still continue with the case.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

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Elnaggar & Partners
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12 Jan 2024, 09:58

Dear questioner,

In UAE, the details of alimony (referred to as alimony or spousal support) are typically not discussed during the first court hearing for a unilateral divorce involving non-Muslims.

Instead, the initial hearing focuses on confirming the grounds for divorce and establishing jurisdiction.

Alimony discussions usually occur after the divorce decree is granted. However, the court may require temporary financial support for the spouse during the proceedings if deemed necessary and based on evidence of need.

If your spouse doesn't attend the first hearing, the court may proceed in their absence or postpone the hearing to allow for proper notification. Factors like attempts to serve summons and proof of reasonable effort to inform the spouse influence the court's decision.

If your spouse cannot be found and hasn't been informed, the court may request additional investigative efforts to locate them. However, in some circumstances, the court may proceed with the divorce case in absentia after exhausting all reasonable attempts to notify the spouse.

For accurate and reliable guidance, it's crucial to consult with a qualified lawyer, please feel free to reach out to me by phone.

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