- Statement of Claim: Drafted by the Claimant or their lawyer, this written statement in Arabic details the parties involved, their addresses, phone numbers, legal grounds for the claim, and the claimant's demands. It summarizes the facts and sets the stage for the process.
- Submitting the Claim: Claims are submitted to the Family Court online. The Case Management Department reviews the claim, and the court may request further clarifications, such as facts or contact details, before proceeding.
- Notification Process: This lengthy step can consume up to 40% of the case's duration, potentially lasting 4 months. After filing, the Notifier issues a summons for the Respondent. If the Notifier can't serve the Respondent due to unclear or incorrect information, the Judge may order a Guidance procedure, allowing the Claimant to assist in serving. If unsuccessful, an 'Investigation' is ordered. If the Government can't provide information on the Respondent, the case moves to the Publication Stage, where an ad is placed in a UAE newspaper asking the Respondent to contact the Court. If still unresponsive, the case is postponed for judgment. If the Respondent is served but doesn't attend the hearing, the Court may notify them again. If they still don't appear, the Court proceeds to judgment.
- Memos Process: After notifying parties, they exchange memos. The Claimant or their lawyer submits the initial memo. The Respondent may request more time to study the claim or hire a lawyer. If the Claimant attended the first hearing, their lawyer might request time to review the file.
- Offering Settlement: The court is legally required to propose an amicable settlement at least once during proceedings. This can occur at the First Instance or Appeals stage. Given the societal importance of family, this step aims to reconcile the parties. Both parties must be present. If they agree, the settlement is drafted, and upon the judge's approval, it becomes part of the case judgment. If no agreement is reached, the case continues legally.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
