Your Family Guide in Family Court: Execution
An Execution Deed can be applied for by the party after a judgment has been issued in the Court of Appeal. The Execution of the judgment is also carried out through the Dubai Courts and follows certain guidelines and procedures to endure that the party complies.
Following the judgment in the Court of appeal, the claimant has the right to get an Executive Deed. An Executive Deed is a stamped version of the Judgment or the court order that implies it is ready for Execution. Execution is the process of enforcing a judgment on the other party through the courts.
An Executive Deed is issued as one original document and the client is advised to insure that it is not misplaced. Getting a true copy of an Executive Judgment could be a challenging process and possibly time consuming.
It is then the duty of the lawyer of the successful party to draft what is known as the Statement of Execution. This is essentially a letter detailing the points that have been decided in favor of his client. This is also known as the Execution statement and is submitted to, and registered with the court. Counsel then gives the other party two weeks to comply with the Executive Deed and Statement of Execution.
Upon the receipt of the Executive Deed, the other party has two weeks to comply with the decision of the court and he must have documentary evidence of his compliance. In the event that the other party does not comply with the Executive Deed registered with the court, there can be two scenarios that follow.
- If the nature of the judgment is a financial one, meaning an award or orders to pay monies or likewise, the Claimant has the right to send letters through the Courts to government departments such as the Dubai Economic Department, Roads and Transport Authority, Dubai Lands Department and the Free zones, in order to get information about his assets that might include companies, vehicles, property, shares etc. that are listed under the other party’s name. If this information reveals the existence of any assets, they shall be seized by the order of the court and transferred to Auctions. The proceeds from the sale of the asset(s) shall be transferred by the Court to settle the financial judgment of the party with the favorable judgment.
- If the nature of the judgment is an order to do, or prohibit from doing, a certain act, that can be directly applied to the individual by informing the court who orders the individual's passport to be seized, and/or order the individual's detention for a period of 30 days and then released for another 30 days to be given enough time to execute the order before being taken into custody for another 30 days. This period of 30 days in and 30 days out of custody can be changed by the Execution judge who can increase the period.
In all events, Execution is possible as long as the person or his assets are inside the UAE or under its jurisdiction. In the absence of either, other steps can be taken to execute judgments issued by Dubai Courts.