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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I have filed a maintenance case on my husband with...

تم تقييم هذه الإجابة:
I have filed a maintenance case on my husband with no intend of divorce since he has abandoned me. During the first meeting with the judge my husbands lawyer said they would like to offer me a settlement which I have not received till now and the next hearing is in 3 days. I do not have a lawyer and I am concerned what is the next step.

إطرح سؤالك

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that, according to the data received by us in your inquiry and with reference to the UAE (Federal) Personal Status Law, in the event of filing a marital alimony lawsuit, which is the wife’s right here, we advise that the lawsuit be pursued with the court and not with the husband or his agent, because you can claim marital alimony Retroactively from the date of refraining from paying it Article (66) of the above-mentioned law: The wife is obligated to her husband by the valid contract if she surrenders herself to him, even if by judgment
Article (67): The alimony of the wife is considered from the date of abstaining from spending while it is obligatory as a debt to the husband without interruption to the judiciary or by mutual consent, and it is not extinguished except by payment or discharge.
Article (68): The judge may, at the request of the wife, decide a temporary alimony for her, and his decision shall be subject to expedited enforcement by the force of law.
*** Note that the estimation of alimony is according to the husband’s left, since there is no explicit text to determine it, and here the burden of proving the husband’s income falls on the wife, and in all cases, the amount of alimony and its determination is not less than the minimum requirements of life

الرد من العميل

Yes, I have filed in the family court and we have reached the hearing stage for the case. In the first hearing my husbands lawyer said they want to offer me a settlement outside court which I have not received till now . The judge has given us another hearing date which is in three days where I have to inform the judge whether I am Satisfied and agree with the settlement or not. If I do not agree then the judge will pass a judgement from his behalf .My husband was asked to submit his labor contract and salary certificate which he has not till date and the case is already with the judge. I want to know if a lawyer is offering me any settlement will it be in his office or during the hearing ? And, what can I do or say in this next hearing because I do not want the case to go on for another month it’s already been over 3months now.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

 It is better for any settlement to be before the court, and the lawyer can summon you to a library to present the settlement to you, but as I mentioned to you, it can be presented in the court, and you are free to accept the offer and settlement or reject it if it does not suit you

الرد من العميل

Thank you Sir.During the hearing they told me the settlement will be presented to me before the hearing date so that I can go through it and my condition was I will talk to my husbands lawyer only if my husband is physically present there. But till now I have not received anything from their side. Is better to go with the judges decision or settlements are usually better ? And, also if in the hearing they present me the settlement how many days or how much time do I have to accept or reject it.This way they will keep stretching and extending the date for this case. Please advice .

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Settlements if you do not like them, you will not be forced to do so. Therefore, you can hear the settlement. If you do not like it, then following up with the court is better, knowing that alimony cases are urgent cases, which are covered by general enforcement. In all cases, it can also be followed with the court.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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