Positive news for UK expats: UAE can now enforce UK Court Rulings

On 13 September 2022 the UAE Ministry of Justice announced that the UAE Courts can now enforce English Court judgements in the UAE under the Principle of Reciprocity.

The enforcement of English Court judgements in the UAE has been difficult up until now due to the absence of any formal treaty between the UK and the UAE regarding mutual recognition and enforcement of civil judgements. 

The change applies to all non-criminal, civil, financial and marital court rulings. It represents a big step forward in the co-operation between the UAE and UK, who are long-time partners in diplomacy, trade, and defence. 

Ruling sets a legal precedent

The new directive followed an English High Court order in 2020 to uphold a Dubai Court judgement about a bounced cheque involving a British citizen, Mr. Puri. The decision, which confirmed the liability of Mr. Puri for the amount of the bounced cheque is cited in the case Lenkor Energy Trading v Puri. 

After the decision the UAE’s Ministry of Justice issued a notice to all courts as being a case that constituted a legal precedent and principal binding on all English courts according to their judicial system. 

New directive means UAE no longer a safe haven for errant spouses

The judgement means that court judgements issued in the UK against British expatriates in the UAE will be enforceable in the UAE. The directive has the potential to extend beyond just commercial and corporate debts and help those with debts owed in one country who reside in the other. 

The new ruling means in principle that people sentenced in civil cases in the UK will no longer be able to flee to the UAE to avoid paying their debts. Whilst the majority of these cases will be civil or financial the ruling will also apply to cases involving asset division amongst family members or between spouses. 

This will undoubtedly positively impact divorcees who have obtained English financial remedy orders against UAE residents, for spousal maintenance, lump sums, property adjustment, child arrangements or other types of payment. 

In light of the news, it’s predicted that there will be a large number of enforcements of previously unpaid orders especially given the large number of British expats living in the UAE. (There are over 120,000 British citizens living in the UAE according to the British Business Group in Dubai and the Northern Emirates). 

At Aramas International Lawyers we specialise in helping British expatriates with all family law and divorce-related issues. We can help advise you about all new and upcoming legislation both overseas and in the UK, and assist you in resolving any ongoing disputes.

Aramas International Lawyers can advise you on all aspects of International Family Law if you decide to proceed under English courts. Get in touch today to discuss.