The UAE is not a signatory to Reciprocal Enforcement of Maintenance Orders (REMO). Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement of an ‘attestation case,’ this is loosely an application for a mirror order.
Under Article 222 of the Civil Procedure Law, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts. The provisions are as follows:
Article 222:
- The provisions and orders issued by a foreign country may be ordered by the State under the same conditions as stipulated in the law of that country to implement the provisions and orders issued in the State.
- The execution shall be ordered by a relevant application to the Execution Judge. The judge shall issue his order within 5 working days from the date of submission. It shall be subject to appeal following the rules and procedures for appeal of judgments. The implementation may only be ordered after verifying the following:
- The State courts are not exclusively competent in the dispute in which the judgment or order was issued and the foreign courts that issued them have jurisdiction following the rules of international jurisdiction established by their law.
- The judgment or order is made by a court following the law of the country in which it was issued and duly ratified.
- The litigants in the case in which the sentence was issued were assigned to attend and were properly represented.
- The judgment or order obtained the force of the order established under the law of the court that issued it, provided that it provides a certificate that the judgment has the power of the order invoked or provided for in the same judgment.
The ruling does not contradict a ruling or order issued by a court in the country and does not include any violation of public order or morals in it.
In summary of the above, foreign financial orders can be enforced in the Dubai courts if:
- The Dubai courts did not have jurisdiction to deal with the original litigation
- The English order was produced by a competent court using the laws of England and Wales
- Both parties were given notice of the hearing and attended or were represented
- That the court had the jurisdiction to make the orders that it did
- The order does not conflict with orders previously made by the Dubai courts, and the orders do not breach public order or morals
Once the attestation case has been carried out, the resulting mirror order could be enforced through an execution case. The UAE courts have very wide powers of enforcement, for example:
- Attachment of earnings: the judge may make an order that the employer disclose details of the husband’s salary and bonuses, then make an order that the maintenance owed is paid from the salary.
- Enquiry of banks, or traffic and land departments: the judge can order an enquiry to determine whether, for example, a respondent has funds in their bank account to pay a lump sum or a car or property that could be sold to meet an outstanding debt.
- Freezing bank accounts: an order may be made to freeze a bank account if the judge believes that the respondent is likely to dissipate assets to avoid meeting their obligations under the original order.
- Seizing goods: to ensure the repayment of a debt, a judge may order the seizure of property or other goods. The executive judge may transfer the matter to the executive judge of another court, in whose jurisdiction the property lies (for example in another Emirate).
- Imprisonment: this is likely if the respondent shows a willful refusal to pay despite being able to afford to, or if the judge fears that they will flee the country. Imprisonment can only be for fewer than three years. Imprisonment does not negate the need for the respondent to meet the terms of the original order.
- Travel ban: the judge can make an order preventing the respondent from leaving the country.
Once a mirror order has been obtained, it can be retained for future enforcement as required and used on more than one occasion.
If during the process of finalizing a financial agreement outside the UAE, it is anticipated that it may be necessary for the agreement/order to be enforced within the UAE also, it is advisable to take precautionary measures. Either the parties could cooperate to obtain a mirror order in the UAE through an attestation case, or a cheaper option is for an agreement to be drafted in similar terms and put by both parties before the Family Guidance Committee of the UAE, resulting in an enforceable judicially approved document.
Financial relief after foreign divorce proceedings
What Powers are Available to Make Orders Following a Foreign Divorce?
There are no specific statutory provisions dealing with financial provisions after a foreign divorce. It would be for one party to rely on an order made by a foreign court (e.g., through an attestation then execution case), and the other party to put why it should not be enforced.
Legal Update:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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