Questions & Answers
My ex-wife lives in Kuwait and file a case there for child support. Can she enforce it against me in the UAE?
I am a Canadian citizen. My ex-wife is also a Canadian citizen and she lives in Kuwait. The court in Kuwait issued a verdict regarding child support.
I currently reside in the UAE. I would like to know whether she can transfer the case to the UAE jurisdiction or if the current ruling in Kuwait would apply only to Kuwait.
Thank you for your assistance.
The jurisdiction of a case is determined by the location of the defendant.
In this case, since you are residing in the UAE, the UAE courts would have jurisdiction over the case.
However, if your ex-wife files a case in the UAE, the court may consider the ruling from the Kuwait court as evidence but will ultimately make its own decision based on UAE laws and regulations.
It is recommended that you seek legal advice from a lawyer in the UAE to understand your rights and options in this situation. Leave a phone number and you will be contacted.
Badr Legal Consultants
While the UAE has strong legal frameworks for family matters, including child support, the direct enforcement of a foreign court order, particularly one from Kuwait, can be complex.
UAE courts have the discretion to recognize and enforce foreign judgments, but this is often based on case-by-case assessments and specific circumstances.
Factors like the nature of the judgment, the jurisdiction of the foreign court, and the applicable laws can influence the enforceability.
If you need further explanation, kindly share your WhatsApp number.
your ex-wife can attempt to transfer jurisdiction or seek enforcement of her Kuwaiti judgment in the UAE, several legal hurdles exist.
She would need to comply with both Kuwaiti and UAE laws regarding jurisdiction and enforcement of foreign judgments.
It is advisable for both parties to consult with legal professionals familiar with family law in both jurisdictions for tailored advice based on their specific circumstances.
Dear Sir,
Is there an ongoing execution file before the courts of Kuwait?
In the absence of an enforcement case against you, execution can be carried out in the United Arab Emirates in accordance with the treaty on the exchange of judgments and judicial cooperation between the two countries.
Dear Questioner,
Thank you for your query regarding the enforceability of a child support ruling issued in Kuwait and its potential implications in the UAE.
Here is an overview of the relevant legal considerations:
Jurisdictional Application of Kuwait Ruling:
The ruling issued by the Kuwaiti court applies within Kuwait. However, your ex-wife could seek to enforce this ruling in the UAE under certain conditions.
Enforcement in the UAE (Reciprocity of Judgments):
The UAE recognizes foreign court judgments if the country where the judgment was issued has a reciprocal enforcement agreement with the UAE.
Kuwait and the UAE are both signatories to the GCC Execution Agreement, which facilitates the mutual enforcement of judgments.
To enforce the Kuwait ruling in the UAE, your ex-wife would need to file an application with the UAE courts, providing the original ruling and proof of its finality in Kuwait.
Defenses Available to You:
You may contest the enforcement in the UAE if:
- The ruling violates UAE public order or laws.
- Proper legal procedures were not followed in Kuwait.
- You were not adequately notified of the original proceedings.
New Proceedings in the UAE:
If she does not seek to enforce the Kuwait ruling, she could potentially file a new child support claim in the UAE.
However, the UAE courts would consider factors such as the existing ruling in Kuwait and any evidence of your financial responsibilities and obligations.
Next Steps:
You may wish to consult with us as a UAE-based family lawyer to prepare for any potential enforcement attempts or new claims.
It is also advisable to gather all relevant documents related to the Kuwait ruling and any financial arrangements.
Should you require further clarification or legal assistance, feel free to reach out to us by phone or email.
Best regards,
Mohammed Salah
The case cannot be transferred to the UAE unless there are international agreements between Kuwait and the UAE in this regard.
Typically, the ruling issued in Kuwait applies only in Kuwait, but it can be enforced in the UAE through the appropriate legal procedures.
For more detailed legal advice, feel free to contact us on WhatsApp and provide us with more details so we can assist you better.
Yes, she can implement the ruling here in the UAE.
Contact us on the phone so we can help you.
