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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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I would like to know if is it possible for me to...

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I would like to know if is it possible for me to complain against my husband about emotional violence and economic violence

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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We would like to inform that you You must submit an application to the Family Guidance Committee to request divorce for dissent and damage with proof of damage by all means of proof, including witnesses' testimony. In case the settlement is settled on a non-conciliation, you must raise your claim before the courts to seek divorce for damage and discord.

And for the request for divorce for damage

If the two provisions fail to reform:

  1. If the abuse is entirely by the husband, the wife is the student of the differentiation or both are students, the two arbitrators decided to differentiate by an honest shot without prejudice to some of the marital rights resulting from marriage and divorce.

2 - If the abuse was entirely by the wife decided to differentiate for a suitable allowance estimated by the wife.

  1. If the abuse is common, they decide to differentiate without allowance or allowance commensurate with the rate of abuse.

4 - The ignorance of the case did not know the abuser of them, if the husband is the student suggested the two reject the case, although the wife is the student or were each student to differentiate the two judges to differentiate between them without allowance.

The UAE Personal Status Law stipulates that:

Article (16):

 

  1. The lawsuit concerning personal status matters shall not be admitted before the court unless it has previously been submitted to the Family Orientation Committee. Are excepted from this provision, matters concerning wills, inheritance and like matters, summary and provisional lawsuits concerning alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence of marriage or divorce.
  2. Where conciliation between the parties takes place before the Family Orientation Committee, it shall be recorded in a minutes signed by the parties and the competent member of the Committee. The minutes shall be sanctioned by the competent judge, enforced as an executory deed and shall not be subject to any means of appeal except if it is in violation to the provisions of this Law.
  3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing regulation organizing the work of the Family Orientation Committee.

Concerning the divorce of the damage

The UAE Personal Status Law stipulates that:

Article (117)

  1. Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity of the friendly companionship between them impossible. The right of each of the spouses thereto shall not be forfeited unless their reconciliation is established.

 

  1. In accordance with Article (16) of this Law, the Family Orientation Committee shall endeavor the reconciliation of the two spouses and, in case of failure, the judge shall propose reconciliation to the spouses. If this reconciliation is not possible and the prejudice is established, the judge shall order divorce.

Article (118)

  1. In case the prejudice is not established, the discordance is still continuing between the spouses and the Family Orientation Committee as well as the judge were not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.
  2. The judgment appointing the two arbitrators must include the starting and closing dates of their assignment provided it does not exceed ninety days extendable by a decision of the court. The court shall notify the two arbitrators and the parties to the litigation of the judgment appointing the arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity and probity.

Article (119)

The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile between the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators work.

Article (120)

In case the arbitrators fail to reconcile the spouses:

1) Should the offence be entirely from the husband’s part and the wife, or both parties are claiming separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the wife resulting from marriage and divorce.

2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for a consideration deemed adequate by them and payable by the wife.

3) Where both parties participated in the offence, the arbitrators shall decide separation without consideration or with one in proportion to each one’s share in the offence.

4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming separation, the arbitrators shall decide separation between them without consideration.

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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