It reduces litigation procedures, standardizes alimony and settles visibility issues
Dubai Courts adopt procedures manual in personal status cases
Evidence cuts time, effort and money into the litigation stages.
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Wajih Amin Abdulaziz: "The decision stipulates that one or more departments should be designated for dismissal during one session."
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Dubai Courts have adopted a guide to organizational procedures in private personal status cases, according to Resolution No. 3 of 2021, issued on January 21, and its implementation began on January 24.
A first legal advisor, Wajih Amin Abdulaziz, told Al-Emarat Al-Youm that the guide consolidates the achievement of prompt and fair justice, by facilitating and expediting litigation procedures, in a way that enhances family stability and the interest of the rightful parties, especially children.
He added that the new procedures, according to the evidence, reduce a lot of time, effort and money in the stages of litigation, which the owner or the owner of the right had to go through, starting from the registration of the case and its deliberation during the sessions between an answer, reply or comment until the verdict is issued. The decision to allocate one or more departments to separate during one session in the cases related to dowry, pleasure and expenses, or to demand an increase or decrease thereof, to enable the wife to obtain marital housing, alimony and waiting period, to prove custody, to see and visit the children in custody, in a way that enables the right holder in these cases to resort to the court in any of the cases The aforementioned, provided that the judgment is issued in it during one session.
Abdulaziz added that the guide decided to unify the alimony criteria, in a way that guarantees a decent living for the family, and that the person in charge of spending is not overburdened, as the decision includes general rules in estimating expenditures for the wife and children, provided that the total does not exceed 60% of the net income, taking into account the debts considered as estimated by the court, meaning that If the person in charge of the alimony is burdened with debts, loans, or installments deducted from his salary or monthly income, they will be taken into consideration, as it stipulates determining the spousal maintenance according to an indicative table that includes minimum and maximum limits according to the income of the person in charge of the alimony starting from 700 dirhams to 5000 dirhams or more per month, with respect to For spousal maintenance and from 500 dirhams to 4000 dirhams or more for each child.
He pointed out that one of the important articles included in the decision is determining the time, place and description of seeing the children in custody, in proportion to their age, and achieving social stability for them. Article (1/1) of Chapter Five states that “The judge decides the vision of one of the parents immediately Their separation or difference when the marriage is established, and one of the spouses leaves the marital home because of this disagreement.
Article (2) also states that “the judgment or order issued regarding visibility must include specifying its days, time and place, prescription and the person entitled to it, whether it is school days, holidays or vacations, and whether or not it includes accompanying with permission to rule or order the judge Overnight in the foster child with the right to it, unless the interest requires otherwise ».
It is also stipulated in Article (3) that “it is not permissible to accompany the child under the age of two years, provided that his vision is in the place of residence of the incubator unless otherwise required by the interest of the child, and if there is a baby among the children who is not permitted to accompany him, it must be He allocates a date to see him commensurate with the time of seeing the other cuddleds ».
Abdulaziz explained that the decision also permitted those concerned to submit a request to the competent judge, to obtain a payment order to claim the late dowry of the wife upon the irrevocable divorce or after the end of the waiting period in a revocable divorce, or to claim the share of one of the spouses for his participation with the other in developing money or building a home, or claiming the debt of one of the spouses With the other, the right holder has the right to warn the other party and assign him to fulfill the amount owed by his owed and give it a period of at least five days for payment, and in the event of non-payment of the right holder, submit to the court an electronic or paper petition, attached to the debt bond (the marriage certificate in which the end of the dowry, checks or receipts is affixed. Or bank transfers, or otherwise), in order for the order to be issued within three days at most.
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