Proving Your Claim in Family Court Part 1
Posted: Oct 16, 2016
In this Article, we will explain the kind of correspondences that the court accepts, and the role of the mediators in the processes of the family courts, whose purpose is to communicate between the parties to settle an amicable solution to the family dispute.
1. Acceptable Correspondence
The Family Court in Dubai considers and in most instances accepts all written correspondences exchanged between the parties as evidence of proving one's claim or disproving the claim of the other party. The written correspondences include emails, text messages, WhatsApp's and other commonly used tools of written communication.
In the event that the Claimant's claim is not easy to prove, the court might appoint mediators. The purpose of appointing such mediators is to communicate independently and together with the parties in order to reach an amicable settlement and to explore any options they might have to reach a workable arrangement. This done keeping in mind the social importance of the family unit in the society.
During these communications between the mediators and the parties, the mediators try to explore the reason for the claim and the requested divorce and to try and work out who is responsible for the breakdown of the marriage and how it can be resolved. The mediators seek to learn if a happy life is possible between the parties and if there are any chances of reconciliation.
In the event that the mediators are successful in convincing the parties to stop the divorce proceedings under certain agreed conditions signed by the mediators, the same is then referred to the family court. The parties have an opportunity to make objections to the report submitted by the mediators and can counter-argue their own claim supported by evidence. The judge does not have the legal authority to disagree with them.
If the mediator recommended the divorce, the court would not have any discretionary powers to change their decision. However, if the mediator suggests compensation to be paid to the wife, such a decision would be subject to the court appeal which will be limited to the judgment related to the financial settlement only.
If there is an agreement between the Parties, the judge in the family court reviews the agreed conditions and terms between the parties and in the presence of the mediators and makes the agreement of terms a part of his judgment in the case, and is hence a legally binding document.
Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.