Divorce terms in UAE: Can I open execution file retrospectively?
It can be done, provide the passage of a time is within stipulated period under the law
Question 1: I am a Muslim woman who married a Muslim man and we have a son and two daughters. Five years ago, I obtained a divorce ruling and custody of my children, in addition to monthly alimony of Dh10,000, house rent allowance, and education costs. However, to this day, I have not opened an enforcement file. He has stopped paying the money since four years.
Do I have the legal right, according to the ruling I obtained years ago, to open an execution file against my ex-husband and claim all the amounts retrospectively? Until what age do I have the legal right to retain custody of my children? Please advise.
Answer 1: You have the right to open the execution file with all the amounts you want even after the passage of four years because you are still within the 15-year limit mentioned in Article 212 of the Federal Decree-Law No. (42) Of 2022 Promulgating the Civil Procedure Code which states that execution writs may not be enforced if they have been left for a period of 15 years since the date of the last execution operation or if they have been left without execution for such period since the date of issue thereof.
Regarding custody of the children, you have the right to keep them until the male child reaches 11 years and the female reaches 13, unless the court decides to extend the period for the child’s interest till the male comes of age and the female gets married. The custody awarded to women shall last if the child is demented or infected with a disabling disease unless the child’s interest requires otherwise, according to Article 156 of the Personal Status Law
Moreover, the custodian’s right shall abate in the following cases: If one of the conditions mentioned in Articles 143 and 144 is breached; if the custodian settles in a country where it will be difficult for the child’s guardian to perform his duties; or if the person having the right to custody fails to claim it six months for no excuse.