Will my for­mer hus­band’s ap­peal case af­fect my al­imony ap­peal?

The National - News - - NEWS EMIRATES - THE NA­TIONAL If you have a ques­tion for our le­gal con­sul­tant, email me­dia@ pro­fes­sion­allawyer.me with the sub­ject line “Fam­ily Mat­ters”.

Q 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 al­imony warded. I have since found out that my ex-hus­band has al­ready filed an ap­peal. Will the fact that he filed 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? A 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.

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