Publications / Family Law


family law

|

June 16, 2018

|

1685 views


Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

Will my ex-husband's appeal case affect my alimony appeal?

Question: I am an Arab woman who has filed for divorce, custody and an alimony case against my husband. I won the case but want to file an appeal to increase the amount of alimony I am entitled. I have since found out that my ex-husband has already filed an appeal. Will the fact that he filed for an appeal before me affect the outcome? Will each appeal be held in different hearings? Will we have two judgments? Do I have to attend the appeal hearing personally? If I win my appeal, will I be able to claim the court charges? What will happen if my husband does not respect the court orders?

Answer: It does not make a difference who filed first. Both appeals must be heard at the same hearing before the same tribunal. The judge decides on both of them on the same day.

You have the right to attend the hearing personally or your lawyer could attend on your behalf. Your physical presence is not required unless the judge asks you to attend in person.

You have the right to submit additional evidence or any new documents in the appeal - taking into account that such documents need to be legally translated into Arabic if they were issued in any other language. If such documents were issued by foreign courts they must be attested by the UAE Embassy in the country in which they were issued.

The appeal court has the right to amend the judgment or to cancel it or to return the case to the first instance court.

The governing rule that is always applied in appeal is that no petitioner shall be harmed by his petition. So your appeal will not harm you and the same rule applies to your husband.

In your appeal, the amount of alimony granted could be increased if your appeal is accepted by the judge and the amount can be decreased only if your husband's appeal is accepted instead.

The appeal judgment can be objected in the high court within one month. Should you win your appeal or petition, the other party has to cover your court charges. Should your ex-husband not respect court orders, you have the right to file for execution and request from the court to seize your husband's assets. If he doesn't have any assets and has not paid you your due amount, you have the right to request from the execution court to blacklist him.

Related Links

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me







Main Menu

Contact Me