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November 02, 2013|
The UAE is not a signatory to 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 s.235 of the Civil Code, 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:
In summary of the above, foreign financial orders can be enforced in the Dubai courts if:
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:
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 Reconciliation 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 provision 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.
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