Witness Hearing Process in UAE Family Law Expert Legal Insights

  • 3 months ago
In this video you will understand the witness hearing process in UAE Family Law with insights from our expert family lawyers. Learn about the significance of witness statements in Family Court, the appeal process, and your rights. Contact us 24/7 for legal assistance available.
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Transcript
00:00What happens after witness hearing?
00:03Witness hearing is common in personal matters before the courts in the UAE.
00:07Provisions for witnesses in personal matters exist in the Federal Law No. 28 of 2005 on personal status,
00:13with a distinction between testimonial value of males and females,
00:17whereas for the non-Muslim Federal Personal Law, Federal Decree Law No. 41 of 2022,
00:23there are no distinctions between witnesses as such.
00:25After the witnesses have made their statements in the family court,
00:28there is usually one more hearing after that to allow both parties to comment on the statements of the witnesses.
00:34The number of hearings following the witness statements depends on the family court.
00:38It is not restricted to one hearing.
00:40It can call for multiple hearings following the statements of the witnesses.
00:44This rule applies to family cases in general where the witness statements carry a lot of weight with the court
00:49in assessing the rights and obligations of the parties.
00:51After the hearing following the witness statements have come to an end,
00:55the family court then gives a judgment in the family case.
00:57The judgment, however, has to be in a separate hearing or session of the family court.
01:01The judgment includes all details of the claims raised by both parties
01:04and lays out the terms, rights, and obligations of both parties about their family dispute.
01:09This judgment by the family court can be appealed by either party within 30 days from the date of the judgment.
01:14Once the appeal is made and registered by the party,
01:17the other party is notified by the family court of this appeal
01:20and also made aware of the contents and nature of the appeal.
01:23The appeal process is much like the process before the judgment,
01:26which may include multiple hearings by both parties.
01:29These hearings allow both parties to comment, challenge, and make legal arguments
01:33for or against the contents of the appeal raised by the party.
01:36It is pertinent to note that the appeal process, much like the process before judgment,
01:41allows for witnesses to be introduced or reintroduced in the family court.
01:45This allows both parties an equal opportunity to prove their case.
01:49The sample principles of witnesses are applied to the witnesses in the appeal hearing
01:53as those required for statements during the case.
01:55Following the hearings in the court of appeal, and after the witness statements have been heard,
01:59the family court then prepares a judgment.
02:02As previously stated, the judgment is issued in a separate session of the family court.
02:06This judgment is binding, but not final.
02:09The judgment in the appeal court can be appealed and challenged in the court of cassation within 30 days.
02:14However, that appeal must be based on a point of law and not a point of fact.
02:18In most cases, the judgment in the court of appeal is final before moving to the execution of the judgment.

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