Cases of the Family and Personal Cases
The Law of Personal Affairs is a set of the legal rules that regulates the relationship of the individuals among each other in terms of the relation of the kinship and marriage and the consequential affinity, birth, custodian, custody, right and mutual obligations and the dissolution occurring to the same resulting in rights in the expense, custody, inheritance and will.
The content of Law of Personal Affairs could be presented in three points:
- Everything related to the marriage, provisions and the consequences thereof including the dowry, residence, expense, lineage, national judgment, limitation of the legal competence, wills in all kinds thereof such as the customary marriage.
- Everything related to the divorce and the provisions and effects thereof including the expense, Iddat and others.
- Everything related to the provisions of inheritance and it is so-called provisions of the obligations in the jurisprudence.
We have the honor that we possess in BYJUSTICE lawyers and advisors who can under taken these issues with high efficiency and such efficiency is extracted from their practical expertise gained by them throughout the years, because they render the services based upon the disputes of the paternity, protection of the assets, divorce and custody that are subject to the conventions and international agreements pre and post the marriage as well as the child seeing right and the marital ownership.
Some cases included in our work:
Divorce for damage and Khula’
These are two important cases of the personal affairs cases that have accumulated before the courts; the first one is the divorce for damage, which is based upon request on part of the woman, whereby she shall record in an independent lawsuit before the court her desire to separate from or divorce from the husband, as she is damaged due to the mistreatment of the husband for her or disregarding his house from the family, moral, martial or sexual aspect or even he takes any kind of the drugs of the light or the inequality between them from the scientific, cultural, material or social aspects. The element of damage is common in all cases whether due to the mistreatment or the mentioned cases. The lawsuit shall be filed by the wife and she is requested to proof such damage in all ways of evidence whether by the witnesses or documents that support her lawsuit and correct request, so that the court can accept her request or even reject her request for divorce due to damage. The wife bears the burden of proof and the husband bears the burden of denial through all ways of proof granted to the woman and the decision between them is made by the court’s resolution as it deems suitable. BYJUSTICE was leading in it dealing with the family issues and it always reaches to solutions satisfactory for our clients.
Marital expense
This is one of the cases accumulated before the courts, which are divided into some types; marital expense, alimony and children expense. Each one thereof has its own explanation; the marital expense shall be paid for the wife in case of filing a lawsuit or leaving the marital house for family disputes and no dispute occurred; in such case, the wife shall remain married to the husband and he shall e responsible for her in terms of her living and requirements from the date, when she proves that the husband has objected to spend on her or as of date of filing the lawsuit and registering the same at the Registry Department of the Court. The child expense is imposed by the court on the husband to spend on his children and the court shall determine the amount of expense according to the investigation about the value of income of the father or the husband. The alimony is similar to them, but it shall be calculated in case of the divorce for each year the husband has enjoyed with his wife in a correct way and such expense shall be determined in the percentage deemed suitable by the court in each case. In these three types of the expense, in case of objection of the husband to pay, an independent lawsuit could be filed to freeze an expense to be ruled by the court and whether the husband pays or he will be imprisoned due to his objection to execute the resolution of the court to pay the expense. BYJUSTICE is leader in winning the expense cases based group of the most skillful consultants, who possess wide experience in field of family cases.
Lawsuit of Obedience Request:
It is a lawsuit to be filed by the husband against the wife, who has left the marital house without justification with not that all means of martial life is available for her as stipulated in the law including the house, clothes, foods and money as well s the availability of the physiological and ethical aspects for the marriage and the husband does not mistreat her in the marital house. In such lawsuit, the husband bears the burden of proof by the witnesses and all means of legal proof. The wife shall be entitled to object to the obedience request and to deny the same by all means of evidence. Finally, the judgment and decision shall be issued by the tribunal. In BYJUSTICE , our advocates have wide experience in such kind of family cases.
Cases of Khula’
It is one of the cases, in which the wife desires to separate from the husband and to be divorced from them for her independent desire and the husband doesn’t has such desire and she desires to be divorced from him by way of Khula’ on the ground that the wife shall return all expenses spent by the husband in the marriage including the furniture and others and she shall waive her dues including the expense, deferred dowry and others in case of liberation against the discharge in language of the Islamic Sharia. In BYJUSTICE , our advocates enjoy wide experience in case of Khula’ as quickly as possible.
Lawsuit of proofing the affinity and the marital relationship:
These are two lawsuits, in which the husband has disavowed from the affinity of the child, who have been born from a customary marriage and the husband disguised him or from an official marriage, in which family problems or infidelity has been committed by the wife that caused the husband to doubt that such child is born from him or from the others. The second one is the lawsuit of proving marital relationship, which is filed whether by the husband or the wife in order to proof a marriage denied by either party whether the husband or the wife and there was no official document, because there is no denial in presence of the official document. Most of these cases are caused by the customary marriage disavowed by the husband, in which the customary marriage document disappeared, the wife has denied such marriage and the contract presented by the husband or the contract was lost in any of both cases. In such cases, both parties may file lawsuit for proofing the marital relationship according to a customary documents or testimony of the witnesses in all ways of proof stipulated in the law and the court shall decide such issue by passing the judgment for benefit of either party. In BYJUSTICE , our advocates have long experience in such kind of cases and they have solution for all problems that could be faced by the client.
Advocacy of appeal cases:
The appeal is applicable when a preliminary judgment is passed against an accused in a case; such accused requests the reconsideration of the judgment when he isn’t satisfied with the same. This is so-called appeal and this is occurred before the court of appeal, which confirms, cancels or adds to the preliminary judgment, but the Supreme Court shall be entitled to cancel the judgment and its judgment shall be final and uncontestable. The appeal is ordinary contestation way, according to which the party against whom the judgment has been passed partially or totally can present the case totally or partially before the court higher than such court that has passed the judgment; i.e. the court of appeal. Thereupon, the place of the appeal isn’t the judgment of the first instance, but it is the same case heard by the court of first instance. As for the defects implied in the contested judgment it terms of the fairness or correctness thereof, these defects are handled in the appeal in indirect way. The court of appeal doesn’t examine or try the judgment passed by the court of appeal to monitor the fairness and correctness thereof, but it newly examines the lawsuit (as a court of merits); i.e. the court of appeal examines the lawsuit for the second time with the same powers granted for the court of first instance (thereupon, each of them is court of merits, which examines the facts and re-estimates the evidences … etc. Even if the judgment passed by the court of first instance is defective, the court of appeal examines the case directly within need for examining the defects of such judgment and when it passes judgment in this regard, it shall replace the judgment of first instance and it is the sole judgment in the case.
The main function of courts of appeal is to review the resolutions issued by the lower courts in order to determine whether they have committed mistake or not. Such revision includes the explanation and implementation of the law for specific set of the facts being handled by the advocate of appeal in the first instance with the law. He shall argue the judges and not awarding the sworn persons and the appeal shall be concerned with the legal cogency by way of the written or oral lawsuit.
In the appeal, the judge of appeal shall be convincing and shall present effective assistance for the courts of appeal in order to achieve the purpose from the revision and decision making. The person who practices the appeal shall be skillful in some areas; such as – for example, but not limited to – the brief writing, oral pleading, ruled and procedures of appeal, efficiency of the experience and the knowledge of utmost importance, because it will be related to any other legal field.
In BYJUSTICE we have legal advisors discuss the appeal in the federal courts of appeal in State of United Arab Emirates. In addition, we present a fair detail about filing the appeal whether it deserves spending the time and expense in their concerned cases and whether we represent the appeal or the reply of the appeal for the client, we can collect and analyze the case and make the registration. In addition, we control the revisions that greatly assist in creating irrefutable arguments to win the case and to win the trust of the client as well as wining may cases for our client.
Many advocates consider the appeal as second opportunity to discuss their case and present the decisive facts they deem proper, which cause great difference.
