Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : May 21, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 131 | Unrated

Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.

The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement of an ‘attestation case,’ this is loosely an application for a mirror order. Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts. The provisions are as follows:

Article 235
1. The execution of the decisions and orders delivered in a foreign country may be authorized in the state of the UAE under the same conditions decided in the laws of that country.

2. The execution order shall be requested before the Court Of First Instance in which area the execution is required, and it shall not be possible to order the execution before the verification of the following:

- That the state’s courts are not authorized to examine the litigation in which the decision or the order has been delivered and that the foreign courts which have delivered it are authorized to do so.

- That the decision/ order has been delivered from an authorized court according to the law of the country in which it has been issued.

- That the litigant parties in the action in which the foreign decision has been delivered, have been assigned to attend and have been properly represented

- That the decision/ order has acquired the power of the decided order according to the law of the court which delivered it.

- That it does not conflict with a decision or an order delivered previously from a court in the state, nor does it include what breaches the morals or the public order therein

In summary of the above, foreign financial orders can be enforced in the Dubai courts if:

1. The Dubai courts did not have jurisdiction to deal with the original litigation

2. The English order was produced by a competent court using the laws of England and Wales

3. Both parties were given notice of the hearing and attended or were represented

4. That the court had the jurisdiction to make the orders that it did

5. The order does not conflict with orders previously made by the Dubai courts, and the orders do not breach public order or morals.

Once the attestation case has been carried out, the resulting mirror order could be enforced through an execution case. The UAE courts have very wide powers of enforcement for example:

1. Attachment of earnings: the judge may make an order that the employer disclose details of the husband’s salary and bonuses, then make an order that the maintenance owed is paid from the salary.

2. Enquiry of banks, or traffic and land departments: the judge can order an enquiry to determine whether, for example, a respondent has funds in their bank account to pay a lump sum, or a car or property that could be sold to meet an outstanding debt.

3. Freezing bank accounts: an order may be made to freeze a bank account if the judge believes that the respondent is likely to dissipate assets to avoid meeting their obligations under the original order.

4. Seizing goods: to ensure the repayment of a debt, a judge may order the seizure of property or other goods. The executive judge may transfer the matter to the executive judge of another court, in whose jurisdiction the property lies (for example in another Emirate).

5. Imprisonment: this is likely if the respondent shows a willful refusal to pay despite being able to afford to, or if the judge fears that they will flee the country. Imprisonment can only be for a period of less than three years. Imprisonment does not negate the need for the respondent to meet the terms of the original order.

6. Travel ban: the judge can make an order preventing the respondent from leaving the country.

Once a mirror order has been obtained, it can be retained for future enforcement as required and used on more than one occasion.

If during the process of finalizing a financial agreement outside the UAE, it is anticipated that it may be necessary for the agreement/ order to be enforced within the UAE also, it is advisable to take precautionary measures. Either the parties could cooperate to obtain a mirror order in the UAE through an attestation case, or a cheaper option is for an agreement to be drafted in similar terms and put by both parties before the Reconciliation Committee of the UAE, resulting in an enforceable judicially approved document.

Financial relief after foreign divorce proceedings

What powers are available to make orders following a foreign divorce?
There are no specific statutory provisions dealing with financial provision after a foreign divorce. It would be for one party to rely on an order made by a foreign court (e.g. through an attestation then execution case), and the other party to put why it should not be enforced.

Author: Experienced lawyer Hassan Elhais, along with his team of prominent lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Dubai laws category
Road Traffic Injury & Accidents
Drugs and the Law in Dubai
Labour Law in the UAE
Marriage Dissolution: Compensation
Alcohol & Licensing in Dubai
Traffic Offences in Dubai
Banking Law - Personal Guarantee
Adoption in the Uniter Arab Emirates
Know your Labor Rights in the United Arab Emirates
Extradition Procedures of UAE
Possession and Using of Drugs in the United Arab Emirates
Banking Law - Corporate Guarantee
Divorce Process Under United Arab Emirates Law
Parent Child Abduction in United Arab Emirates
Inheritance Law - Rules of Succession in Dubai, United Arab Emirates
Business Law - UAE Freezones: Ras Al Khaimah
Most recent articles in Dubai laws category
The Legal Dos and Donts of Property Purchase
Business Laws and Regulations in Dubai, UAE
Application of Home Country Inheritance Law
UAE Patent System
Heirs According to Shariah Principles of Succession
Extradition Article About Conditional Requirement
Introduction Article about Extradition
Responsibilities of the limited liability companys manager
Limiting Trademarks Infringements Part 3
Trademarks Ownership Part 2
Divorce in the United Arab Emirates
Validity of Pre and Post Nuptial Agreements
Criminal Law about Fraud
Child Protection Law UAE
End of Service Benefits Comparison of Gratuity under the UAE Labor Law and DIFC Laws
Trademarks Part 1

Article Comments

there are no comments...

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
The issue of Uniform Civil Code has been debated since the time of Indian independence. This article deals with whether there is a need for India to have a Uniform Civil Code. The country has already suffered a lot in the absence of the UCC and there is thus, an ever-increasing need for the implementation of a uniform code for all.

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
 ISBN No: 978-81-928510-1-3