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The circumstances in Court to grant a divorce by mutual consent and its waiting period

Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.

In a mutual divorce, the parties often seek independent legal advice in order to obtain legal advice on the provisions governing separation, custody rights, visitation, alimony, property division etc. They would also seek expert legal advice in order to enter into a written settlement agreement finalizing the terms of the mutual divorce.
When a mutual divorce is agreed upon between the spouses, they often do not need any further judicial adjudication, as the spouses are not making any allegations against each other that require to be resolved by the judicial courts. This type of divorce is usually preferred by a couple as it gives them a higher degree of control over their separation terms. The parties can mutually negotiate and enter into separation terms that are tailor-made and suitable to their personal and unique conditions, rather than relying on separation terms that are imposed by a court of law.

The mutual divorce process in the UAE:

A mutual divorce process is accepted in the UAE. The first step in the process includes an application to be filed before the family guidance committee of the respective emirate where the parties are residing. The family guidance committee receives the application and would assign a counsellor to the case. The role of the counsellor is that of an independent mediator and to try to resolve the disputes and issues raised by parties. When the parties wish to enter into a mutual divorce, the family guidance department would confirm the consent of both the parties and facilitate the steps for signing the terms of the settlement agreement, which would finalize the divorce.
The mediation step is mandatory even in amicable divorce matters and has to be completed by the parties. In the instance any given party does not agree to enter into a mutual divorce, then they may request the family guidance department to provide them with a referral letter in order to approach the Court for further adjudication.

Separation period:

Unlike other jurisdictions, the UAE laws do not require a mandatory separation period to be imposed on the spouses prior to a final divorce being granted in the UAE for non-Muslim residents. Other foreign jurisdictions usually require a mandatory separation period of twelve (12) months to be imposed prior to a mutual divorce application to be submitted before the courts. UAE does not have this mandatory provision for non- Muslims. However, the parties have to participate in the mediation process before the family guidance committee before a divorce is granted by the courts.

The general considerations for legal recognition of a mutual divorce concluded in a foreign jurisdiction is whether due process of law has been followed in obtaining the mutual divorce. A mutual divorce agreement concluded in the UAE is valid and enforceable in other jurisdictions around the world.


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Witnesses, Photos, and Video After a Car Accident
Have you just been in a car accident? If so, you’ll know firsthand that following recommended courses of action — while necessary — is not always easy. You can blame the difficulty of following these steps on the initial shock that follows a car accident. However, if you can only remember to do one thing after a car accident, the best place to start is to gather evidence. While states have different laws about what counts as evidence after a car accident, a good rule of thumb is to take photographs and videos on the scene. If possible, gather testimony from nearby witnesses to corroborate your photos and videos after the accident. With enough evidence, your personal injury lawyer will have more to go on when building your claims case. We will walk you through using witnesses, photos, and videos as evidence after a car accident, so you have a better chance to prove your innocence and claim the damages that are owed to you. Are Photos and Videos Admissible as Evidence? For most states, photos and videos are admissible as evidence. However, to use photos and videos as evidence, they need to be relevant to the car accident that just occurred. Photographs or videos need to document damages to both vehicles. Photographic and video graphic evidence can also prove injuries. For this reason, it is a good idea to photograph injuries even before emergency medical services arrive. Photos and videos are pivotal to a personal injury claims case. While there are ways to prove another driver’s negligence without these, tangible evidence like photos and videos will shorten the process. Are Witness Statements Admissible as Evidence? Witness statements are admissible as evidence during legal proceedings. Your attorney may use witness statements to confirm the findings yielded by photographic and video evidence. However, there is a caveat to the veracity of witness statements. When witnesses are called upon to offer statements, they must do so under oath. Anything said by a witness who is not under oath will be deemed as “hearsay” by most courts. How to Gather Evidence After a Car Accident Gathering evidence may seem like a daunting and complicated task, but in reality, the process is straightforward. All you need is your phone and something to record information on. Follow these easy steps to gathering tangible evidence to build your car accident injury case: 1. Leave Everything Unchanged and Unmoved Before taking videos and photos after a car accident, ensure that everything remains unchanged. Doing this will prevent accusations of you altering or tampering with evidence to suit your interests. Immediately after the incident, take out your phone to begin photographing and taking videos. 2. Take Photos or Videos of Both Vehicles Most drivers erroneously photograph only the damage sustained by their own vehicle. While this can help in an injury claim, it will do little to confirm the other driver’s negligence. For the best results, take pictures or videos of both vehicles. In addition to the damage, be sure to photograph your license plate as well as the other driver’s. Photographs showing both license plates will prove which vehicles were involved and the relevance of your photos as evidence. 3. Record Statements from Witnesses on the Scene If witnesses are present, you can gather statements from them after taking videos or photographs. You can take statements and write them down along with the contact details of the witnesses. Doing this will make things easier for your car accident injury attorney when they need follow-up statements. You may also record the statements of witnesses using your phone. You may take statements as videos or as recordings. Either way, have the witness disclose their names just in case your lawyer or the authorities need follow-up statements. Do You Need Legal Representation After a Car Accident? Give Us a Call Being in a car accident can leave a physical, psychological, and financial toll on you. However, help is available. With the right amount of evidence, you can file a personal injury claim to recover damages. Your chances of a successful claim significantly increase with the help of a personal injury lawyer. A personal injury lawyer can fight for you to receive a just and fair amount of compensation. Do not hesitate to reach out. Call car accident lawyer now for legal counsel and representation to get closer to the results you need after a car accident.
TANVIETMY KINDERGARTEN
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