Sometimes, divorce is filed following years of separation. In such case, it’s well anticipated. However, sometimes it’s a complete surprise to another party. After receiving the divorce legal notice in Dubai or any other UAE emirate, individuals have to take immediate action in protecting their future and legal rights.
If you’ve been served a legal notice for divorce, it’s likely that you’re unsure of what to do next. Here’s a guide to help you navigate through a possibly stressful time for you:
Review the divorce legal notice.
It’s important that you review the divorce legal notice served to you. The legal document contains various information that are necessary in the upcoming legal proceedings. The divorce papers or divorce legal notice in the UAE should state the court in which the action was being filed. It’s helpful to know if spouses were estranged, with the divorce filed in a different emirate or jurisdiction. Check the legal notice for a deadline as to when you should provide a response. In addition, the divorce legal notice in the UAE will determine whether a spouse is filing paperwork on his/her own or if a divorce attorney was retained.
The legal notice for divorce can also allege the grounds in which a divorce is justified. It may also discuss the requests by a moving party. This can include spousal support, child support, child custody, division of property and assets, and other concerns related to the kids.
Read also: Legal Notice for Recovery of Money
Come up with a legal response.
The legal notice for divorce in the UAE has to provide details for when a legal response should be sent by the receiver. More often than not, a spouse is given thirty days. It starts from the time the spouse was served with the legal notice for divorce. However, a spouse served with the divorce papers should ascertain this information.
When the deadline has passed without providing a response, the other spouse may potentially receive every single thing requested in the legal notice.
Normally, the response is drafted and sent through a divorce attorney. But, there are instances wherein there is no money given to retain a lawyer. In such case, don’t think about providing a legal response on your own yet. Your next best alternative is to commission a notary public in Dubai. Remember that what you don’t want is to completely forfeit your legal arguments and rights just for not sending a response. Typically, an individual has to respond to every numbered statement within a legal notice and not just the state of a general denial for all statements.
Consult with the Experts
Divorce has a dramatic effect onto a person’s life. It’s important, therefore, to retain legal advocates if possible. If the spouse who has received the divorce legal notice believes that he/she is in full agreement with the allegations and the divorce, an attorney can review the paperwork. Then, inform a spouse of his/her options and legal rights. If it later becomes contested, an attorney will provide a spouse a legal representative for advocating his/her rights.
It’s especially important for parties in a divorce to retain legal counsel. If only one spouse has a legal advocate, the divorce proceedings will be conducted on uneven footing. As mentioned earlier, for filing a response, a spouse can hire a notary public in Dubai. However, when it comes to being represented in court, you will need to hire your own attorney to ensure the enforcement of your rights.
Compile all necessary documents
If you’ve contacted a lawyer, you’ll likely to be asked to present certain documents during the initial consultation with the legal professional. The preliminary documents which a spouse may have to gather can include identification papers e.g. birth certificates of the spouses and the children, any standing prenuptial and/or postnuptial agreement between the spouses, and the marriage certificate.
A spouse will also have to bring financial documents which demonstrate the income of the family, including the tax returns, credit card statements, and bank statements. The documents will determine the assets and liabilities of the household. However, this is going to be useful in the later stages of the divorce proceedings.
Ensure your assets are protected
Individuals that go through divorce are to discuss with their legal representatives about ways to protect assets. There are jurisdictions across the UAE and rare instances wherein the assets of the spouses are frozen upon filing a divorce petition. A spouse needs to know whether he/she can remove half of what’s in the joint accounts.
If the income of one spouse is deposited directly onto a joint account, he/she has to consider creating a new bank account that’s solely for the individual. Any funds will be rerouted to this account.
For further information, contact us here in Notary Public Dubai today!