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According to a widespread view, adaption is very often necessary with regard to the spouse’s share in the deceased’s estate, namely if the matrimonial property regime and questions relating to succession are governed by different laws. Nevertheless, it suggests some fundamental changes, apart from technical amendments.
In that judgment, the English court ordered the division and transfer of property as part of the distribution of matrimonial property on divorce. Introduction: I have been reporting on this blog some recent cases from the Dubai Supreme Court (DSC) regarding the recognition and enforcement of foreign judgments (see here , here and here ).
The decision of the High Court of England and Wales (Family Division, 6 November 2020, EWHC 2971 (Fam)), received at the CJEU on 16 November 2020 for an urgent preliminary ruling (pursuant to article 19(3)(b) of the Treaty of the European Union, art. 267 of the Treaty of the Functioning of the European Union, and art.
had failed to establish reciprocity with the UnitedKingdom (UK), the DCFI refused the enforcement of the English judgment ( DCFI, Case No. 419/2023 of 17 May 2023 ). One needs also to consider whether some of the recent legal developments are likely to have an impact on the enforcement practice in Dubai and the UAE in general.
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