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Should I file an appeal in family court to cancel maintenance if my ex-wife got job?

The court judgment issued yesterday rejected the divorce case filed by my wife and ordered me to pay her AED 2000 monthly as marital support as she is living separately.

Additionally, I have filed a restitution case against her to return home, which will begin next week.

Should I file an appeal in court to cancel this monthly amount or wait until the restitution case ruling is finalized?

Please note the following:

1. My wife left our marital home and started living in a non-mehram’s home. She is now living separately with our 8-year-old daughter.

2. She is currently employed and started working after leaving the marital home (she was not employed before leaving home).

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KHE Legal Consultancy
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24 May 2024, 06:07

Hello

Dear questioner. Yes, you can file a claim for recovery in the following cases, which are the provision of appropriate housing, the security that must be provided by the husband to his wife, and the establishment of the marriage.

In the event that she refuses to comply, her alimony is forfeited.

For more details, please share your WhatsApp number to get the best legal solutions.

24 May 2024, 06:13

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24 May 2024, 07:02

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Alawi Aljaberi Advocates & Legal Consultants
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24 May 2024, 06:20

You should file an appeal because the appeal has just 14 days deadline.

Please contact our office by phone for further details.

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Mohamed Bakheet Advocates & Legal Consultants
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24 May 2024, 07:51

Yes, it is permissible to register an appeal against the ruling issued.

To assist in this, please contact us via phone or WhatsApp.

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Ibrahim Al Banna Advocates & Legal Consultants
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24 May 2024, 16:07

Thank you for reaching out with your question regarding the recent court judgment and your ongoing restitution case.

Based on the details you've provided, I can offer some guidance on your situation.

In general, whether to file an appeal or wait for the restitution case ruling depends on various factors, including the specific circumstances of your case and the potential impact of each decision.

Given that your wife has left the marital home and is now employed, there are arguments you can present to the court to potentially modify or cancel the monthly support payment.

Here are some considerations:

Filing an Appeal: If you believe the court's decision to award marital support is unjust given that your wife is now employed and left the marital home voluntarily, filing an appeal might be a prudent step.

An appeal could address these points and aim to overturn the support order.

Waiting for the Restitution Case Ruling: Alternatively, you might consider waiting until the restitution case is resolved.

If the court rules in your favor and orders your wife to return home, it could strengthen your position to request a modification or cancellation of the support payment based on a change in circumstances.

Given the complexity of your case and the potential consequences of each decision, I recommend discussing this matter in more detail to tailor the best legal strategy for your specific situation.

Please feel free to reach out to me via WhatsApp, phone, or email, so we can discuss your case further and determine the best course of action.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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29 May 2024, 07:43

Dear Questioner,

In your situation, it's understandable that you may have concerns about the court's decision regarding the monthly marital support payments to your wife.

Here are some considerations to help you decide whether to file an appeal or wait until the restitution case ruling is finalized:

1. Review the Judgment:

Carefully review the court's judgment regarding the monthly marital support payments to your wife. Understand the reasoning behind the court's decision and the factors considered in determining the amount of support.

2. Consult with a Lawyer:

Seek legal advice from a qualified lawyer who specializes in family law. They can review the specifics of your case, assess the likelihood of success on appeal, and provide guidance on the best course of action.

3. Consider the Restitution Case:

Evaluate how the outcome of the pending restitution case may impact the decision regarding the monthly marital support payments. The court may consider factors such as your wife's employment status and financial independence in determining the need for ongoing support.

4. Assess Financial Implications:

Consider the financial implications of continuing to pay the monthly support amount versus the potential costs and risks associated with filing an appeal. Factor in your financial circumstances and your ability to afford the payments.

5. Evaluate Legal Grounds for Appeal:

Assess whether there are valid legal grounds for appealing the court's decision regarding the monthly support payments. This could include errors in the application of the law, procedural irregularities, or new evidence that was not considered during the initial proceedings.

6. Seek Mediation or Negotiation:

Alternatively, you may explore options for mediation or negotiation with your wife to reach a mutually acceptable resolution regarding the financial aspects of your separation. This could involve discussing the possibility of adjusting the support payments based on changed circumstances or reaching a settlement outside of court.

Ultimately, the decision whether to file an appeal or wait for the restitution case ruling will depend on the specifics of your situation and your legal objectives. Consulting with a lawyer can help you make an informed decision and navigate the legal process effectively.

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