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| Christian Communities |
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Lawsuits |
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Is it possible to request judicial assistance? On what conditions?
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Every party unable of paying its dues of charges or court expenses resulting from a lawsuit, investigation or transaction,
in any court or execution department, has the right to request judicial assistance.
This assistance is granted to needy Lebanese and non-Lebanese residents in Lebanon ,
provided that the law of their country of origin grants that same right to the Lebanese.
The judicial assistance request is submitted at the Bar Association in Beirut
or Tripoli (reference to judicial assistance). (Art. 425 to 441 of the Civil Procedure Law).
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What's a needy certificate?
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It is a certificate issued by the priest of the parish of the plaintiff or the defendant,
determining their financial situation.
This certificate is presented to the religious courts in order to benefit from reduction on judicial fees..
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How notifications are made in these lawsuits? What are the procedures to follow in case of impossibility of notification?
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All papers and judicial decisions are delivered to the addressee in person wherever he might be,
or to his representative or any other person authorized, at his domicile,
or workplace, by the court usher. The notification may be also delivered within the court,
through the clerk or the express mail, like in the Maronite Court .
It can be also delivered through the police. In case of impossibility of notification for any reason, an exceptional notification may be issued and published in the newspapers.
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What are the means of proof and evidence in these lawsuits?
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All means and ways of proof may be adopted,
from written documents to oral and written declaration,
testimony, oath, presumptions and expert advice.
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How do we retain an attorney?
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An attorney is retained by a power issued at the Notary's office or drawn in the Lebanese Consulate or Embassy in the country of residence of the retainer; it can be also drawn by the Notary in the country of residence of the retainer (outside Lebanon) providing that it is ratified by the Lebanese Department of Justice, the Foreign Office, Embassy or Consulate in this country.
It is to be noted that the judicial power of attorney in the Latin Court should be a private power, drawn by the Notary and specifying the names of the different parties. In the Maronite Court , this power should be drawn in the court's office.
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Custody |
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What's custody age?
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Custody age in force in Catholic courts is the nursing age, i.e. two years. Nevertheless, the religious court possesses the discretionary authority to decide who the guardian would be according to the minor's best interest (Art. 124 of the Catholic Community Personal Status Code). As for the Orthodox Community, the custody age is 14 years for the boy and 15 years for the girl (Art. 57 of the Orthodox Community Personal Status Code).
Custody age for the remaining Christian communities is 7 years for the boy and 9 years for the girl (Orthodox Armenian – 130 - Orthodox Syriac – 61 – Assyrian – 111).
Custody age for Evangelical Community is 7 years (for both girls and boys) (Art. 75).
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When could a custody suit be filed?
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The custody lawsuit in Christian communities is filed simultaneously with marriage dissolution,
nullity or separation suits,
in order to determine the legal guardian of the minor accordingly with the laws and the minor's best interest.
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What are the cases of paternal authority loss?
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The paternal authority is the father's right to his minor children's custody and guardianship. The conditions for paternal authority's loss vary according to the community under which marriage was concluded; the main condition for paternal authority's loss is the father's incapacity of assuming his children's guardianship (Art. 99 and 100 Assyrian – Art. 155 Armenian Orthodox – Art. 91 Orthodox – Art. 128 Catholic).
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When does the mother lose her right to children's custody?
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The conditions for the mother's loss of her children's custody vary according to the community under which marriage was concluded (Art. 125 Catholic – Art. 58 Orthodox – Art. 131 Armenian Orthodox – Art. 63 Syriac Orthodox – Art. 75 Evangelical – Art. 102 Assyrian). Among these cases, we cite:
• If the mother's physical or mental state prevents her from fulfilling the guardian's tasks.
• If following marriage dissolution or the father's death, she concluded a new marriage.
• If she provoked the cancellation of common marital life due to an offense committed by her.
• If she were disobedient or misbehaved.
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What would be the position of the relevant Court in case children refuse to stay with the custodian?
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The Court always considers the child's best interest, and this latter doesn't have the right to decide with whom to live. However, the Court may listen to his sayings, and it's up to it to decide with whom he would stay, provided that it takes into consideration his best interest.
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How is custody decision executed?
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After obtaining an executable copy of custody decision issued by the relevant religious Court, the decision is submitted to execution through the execution department within which it has been issued.
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Upon filing a custody suit, to whom the minor's custody and guardianship is temporarily granted (during Court procedures)?
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Upon filing a custody suit, the child remains with his caregiver. If he were with his father, he'd stay with him until the Court reaches a decision, and then he'd stay there or move to his custodian according to the decision, and the same applies if he were with his mother at that time.
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What are the conditions for winning the custody case?
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There are many conditions, including stipulated ones and others specific to every case apart. Mostly important:
• The child should be in the custody age allowing him to stay with the custody claimer.
• The custody claimer should fulfill all necessary requirements.
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Is there an appointed time and what are the costs of a custody suit?
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There is no specific appointed time for a custody suit. As for the costs, they vary from one court to another.
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What's the difference between guardianship and custody?
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• Guardianship: It's an effective power, resulting in legal obligations aiming at protecting minors and any other persons in need for protection. It entitles the guardian to a general procuration enabling him of managing the child or person's possessions, taking care of him, organizing his living and raising him.
• Custody: The right to raise a dependant child at a certain age, given to an eligible parent or relative.
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Does abuse lead to the loss of custody right?
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Children abuse is considered as one the reasons that may lead to custody right's loss, since one of the requirements of the custodian is to be trustworthy for the child's protection. Thus, if the custodian mistreats the child, this could lead to his loss of custody.
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Is it necessary for me to have an income and a house in order to win my children's custody?
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The custodian doesn't have to have an income in order to win her children's custody since children's alimony and custody's fees are incumbent upon the child's father. As for housing, there should be a house where the custodian mother can raise her child, but she doesn't have to own it.
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In case a decision is issued by a foreign competent authority granting custody and guardianship to the mother, could this decision be executed in Lebanon ?
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The decision issued by a foreign competent authority granting custody and guardianship to the mother is either based on civil marriage or even church or religious marriage which has taken place outside the Lebanese territories. The decision may be executed in Lebanon upon presenting an executable copy of it issued and signed by the relevant authority and certified by the Ministries of Justice and Foreign Affairs, as well as the Lebanese Embassy in that country, then certified by the Ministry of Foreign Affairs inside Lebanon .
If the decision to be executed is issued by a civil authority outside Lebanon , and upon completion of all certifications mentioned above, it's granted an execution mode by virtue of a call submitted to the President of the Court of Appeals in Beirut . If the decision is issued by a church authority, then the call should be submitted to the Religious Court (Art. 1009 and following articles of the Civil Procedure Law).
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In case of two contradictory decisions issued by a civil authority and a religious one, which one will be executed in Lebanon ?
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According to the personal status codes, priority is always given to the decision issued by a religious authority.
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Alimony |
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I have the right to alimony during marriage? On what conditions?
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If the husband is not spending on his wife, the latter has the right to request alimony from him through the relevant Court, on the following conditions:
• The contract should be sound.
• There is no verdict considering the wife as disobedient
• The husband should have declined the payment of alimony.
• Alimony suit should be filed simultaneously with a main suit, i.e. separation or marriage nullity or revocation. However, if no main suit were filed, the wife would have the right to request alimony through civil courts.
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Do I have the right to request alimony during trial procedures?
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The woman/wife has the right to request an immediate alimony during trial procedures, which is decided apart by the religious Court and before reaching a decision concerning the suit, i.e. separation or marriage nullity or revocation.
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Do I have the right to alimony upon the issuance of separation decision?
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Separation decision includes alimony in case it is requested by the wife. Alimony covers food, clothing, beverage, medical care, housing and all what women need in order to live in dignity. (Art. 126 and following articles Assyrian – Art. 47 Evangelical – Art. 67 Armenian Orthodox – Art. 53 Syriac Orthodox – Art. 153 Catholic – Art. 48 Orthodox).
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Do I have the right to alimony upon issuance of marriage nullity, divorce or marriage revocation decision?
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Upon the issuance of marriage nullity or revocation or divorce decision, and upon the dissolution of marriage contract, no alimony is due on the husband to pay the wife. The latter has the right to request compensation in case the husband was held responsible for marriage dissolution. It is to be noted here that would the religious Court decide granting the wife children's custody and guardianship, the husband should pay his children's expenses in spite of marriage nullity or revocation.
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Is there any criterion adopted by the relevant court in order to calculate alimony value? Is there any minimum value?
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There isn't any criterion adopted by the Court in order to calculate alimony, and there isn't any minimum value either. The husband's monthly income as well as the wife's economic activity and children's number are taken into consideration (Art. 143 Catholic – Art. 122 and following articles Assyrian).
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How is alimony decision executed?
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After obtaining an executable copy of alimony decision issued by the relevant Court, the decision is executed through the execution department within which it has been issued. It is to be noted that the request of execution is exempt of all fees at execution department.
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Does the husband have the right to request alimony from me?
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The wife's alimony is usually due on the husband to pay. However, and exceptionally, it can be imposed on the wife to pay to her husband (Art. 140 Catholic – Art. 52 Syriac Orthodox).
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Does the relevant Court have the right to interfere and stop the execution of its alimony decision?
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The religious Courts have absolutely no right to stop the execution of any decision previously issued by them.
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How is a husband's ability to pay alimony proven?
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The husband's ability is proven through all the means, including testimonial evidence, the husband's declaration in an official statement, income statement, presumptions and other evidences that may be considered by the Court as proofs on the husband's ability to pay alimony.
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Do I have the right to request alimony from my husband through penal Courts?
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Yes, the wife has the right to request alimony from her husband through penal Courts, as accordingly with art. 501 and 502 of the Penal Code.
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Do I have the right to request subsistence alimony from my children?
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When the wife loses her husband, she has the right to request subsistence alimony form her children (Art. 175 Catholic – Art. 53 Orthodox – Art. 133 Armenian Orthodox – Art. 79 Syriac Orthodox – Art. 136 Assyrian).
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How is alimony decision executed, and through what Court? What are the fees? And how are the notifications delivered?
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Alimony decision is executed by the execution department in the Civil Court , and it's exempt of fees. As for notifications, they may be directly delivered by the execution department, through policemen or by exceptional notification in case the husband's residence is unknown.
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Is it possible to confiscate the husband's possessions based on the alimony decision?
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The wife has the right to request the confiscation of her husband's possessions based on alimony suit. Her request should be submitted to the President of execution department regardless of the nature of possessions (movables or immovables). She also has the right to confiscate a part of her husband's monthly salary (Art. 857 and following articles of the Civil Procedure Law).
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What does the alimony cover?
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The alimony covers all what a person needs in order to live in dignity, including: food, clothing and housing for all; medical care for the sick; care for the unable and education and care for children.
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In case my husband refuses to pay the already decided alimony for me and my children, would I have the right to request a detention order? How?
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In case the husband refuses to pay his wife the decided alimony in spite of the warning notification delivered to him by the execution department, the wife would have the right to request a detention order, accordingly to the art. 997 of the Civil Procedure Law).
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Can I confiscate my husband's salary, movables or car in case he refuses to pay the alimony?
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Upon the issuance of an alimony decision, it is executed at the execution department which has the right to execute the decision by any possible means, and to confiscate the equivalent of the alimony value from the husband's salary (Art. 863 of Civil Procedure Law).
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Travel prohibition |
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How can I request a travel prohibition order, and from which Court? What's the time period for this decision?
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Every concerned party has the right to request a travel prohibition order from the same Court which looked into the main suit. The decision of pressing execution is issued by the revision chamber.
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Does the court have the right to revoke the travel prohibition order? On what conditions?
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The court has the right to revoke a travel prohibition order issued according to the request of the party who originally requested it, or according to the request of the person against whom it has been pronounced, in case its grounds cease to exist, the requesting party agreed to it, or he assigns a bank guarantee for the benefit of the requesting party in case of alimony suits.
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Is it allowed for a minor to travel without the consent of both the father and mother? Or would it be enough to have the consent of just one of them?
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A minor cannot travel without his father or his mother's consent. However, if the father wants him to travel, and he was above the mother's custody age, he'd be allowed to travel without the mother's consent. If he was in the custody of the mother, then he should have the mother's consent and approval in order to be able to accompany the father.
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Children's Abduction |
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What's the difference between the abduction and non referral of the minor?
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Abduction is when the minor is taken away from the authority of his custodian or guardian. Non referral of a minor is when someone refuses or delays the minor's referral to his custodian (Art. 595 and 496 of the Penal Code).
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How are abduction and non referral punished?
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Abduction is punished by three years of detention and a fine ranging between 50.000 and 200.000 LBP. If the minor hasn't completed 12 years, or wasn't abducted by trick or force, the sanction would be temporary hard labor (Art. 495 of the Penal Code).
As for the non referral of a minor below 18 years, it's sanctioned by 3 months to 2 years of detention and a fine of 50 to 200 thousand LBP.
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Do I have the right to file a penal suit against my husband in case he refuses referring my son or my daughter to me according to custody decision?
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Yes, the wife has the right to file a penal suit against the husband according to the articles 495 and 496 of the Penal Code. This complaint is filed either before the appeal prosecution or the investigating magistrate or directly before the penal district judge.
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In case my husband abducted my children and ran away outside the country, what would be the judicial measures that I can take?
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In this case, the wife can bring about a decision from the relevant penal court in Lebanon . And the decision may be executed in the husband's country of residence, providing that there is a sentence execution agreement between Lebanon and that country.
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Visitation and accommodation rights |
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What's the difference between visitation and accommodation?
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- Visitation consists of s eeing the minor child who would be with his custodian, be it his mother or father, in a place chosen by the Court, or agreed on between both spouses.
- Accommodation is when one of the parents takes the minor child for a certain period of time set by the Court, and that could be 24 hours or less.
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When is the request for visitation or accommodation submitted?
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This request is often submitted during the trial process, in case the parents couldn't reach consent in this regard.
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Is there any specific place for visitation?
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The parents may agree on the visitation place, and choose it at their own convenience. But in case they disagree, the minor's best interest is then taken into consideration, and his place of residency is often chosen, or the diocese or any place chosen by the religious Court.
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Is it possible to request the division of visitation time equally between me and my husband during official holidays?
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Yes, it is possible, and the Court makes a decision in this regard, taking into consideration the minor's best interest.
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Is the custodian or guardian supposed to be present during visitation time?
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No, he's not supposed to be present during visitation time.
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Could visitation take place outside the Lebanese territories?
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Yes it could in case the litigant parties agree on that; otherwise, no, it's not possible to execute the visitation decision outside Lebanon .
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What if the children refuse visiting one of the parents?
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The decision is left to the Court's judgment.
If it can be sure that the children themselves refuse to see one of their parents,
then nobody forces them to do so. But if a certain person is preventing them,
be it one of the parents or a relative or any third party,
then the Court has the right to pronounce a decision against the defendant in order to enable the claimer of seeing the children.
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How is visitation decision executed?
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This decision is implemented through the execution department of its issuance.
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Does my custodian husband have the right to prevent me from seeing the children at school?
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In case the visitation decision was issued without including a permit to let the mother see her children at school, the custodian would have the right to prevent her from seeing them there.
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Is it possible to appoint a psychiatrist to examine the children in case they refuse to see one of the parents in order to be sure that they haven't been subjected to any kind of pressure?
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The Court may decide in this regard in case it seems necessary.
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What can I do in case I am subjected to any kind of physical or verbal violence during visitation?
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In case the visitation requester was subjected to physical or verbal violence, he can turn to all legal procedures in penal prosecution against the aggressor.
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Separation |
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What are the separation's conditions and consequences?
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Separation may happen due to many reasons, namely:
- In case one of the spouses jeopardized his partner's or children's life, or embittered it to a great extent, the head of the local church may give the harmed party the legal right to separation, or the latter may even opt for separation in case it's dangerous to wait for the official decision. (Law 864, Oriental Churches Laws) – (Art. 51, Syriac Orthodox – Art. 47, Evangelical).
- Adultery is one of the reasons that lead to separation in catholic communities (according to the stipulation of the Law 863 of the Oriental Churches Laws). It considers in the third paragraph that if the innocent spouse chooses to revoke marital life, he should file for a separation suit within six months before the relevant authority (Art. 50/3 Orthodox Syrian)
- The Court, according to its own discretion, and within a deadline that doesn't exceed three years, may decide on separation even if it's not requested to do so (Art. 46 Orthodox).
- If the husband exposes his wife to corruption, be it on the moral or religious level (Art. 50, Syriac Orthodox).
- The Court relies in its verdict on the following factors:
* Daily disputes.
* Big differences.
* Impossibility of common life, even temporarily.
* Danger facing one of the spouses because of the other (Art. 47, Orthodox).
As for the results of separation, they include the husband's commitment to pay alimony to his wife and children, as well as providing adequate housing or equivalent fees to his wife and children during the separation period. In case he refuses to fulfill this obligation, the Court orders him to leave the marital house and keep the wife in it so that she may live there with the children unless she was the one who caused separation (Art 50 / Orthodox – Art. 47/ Evangelical).
< In case the wife was responsible for separation, the husband only pays his children's alimony if they were in her custody. (Art. 67 / Armenian Orthodox).
< In case the wife was the aggressor and was sentenced with separation because of her aggression, she would have no right to alimony or to request having intercourse with her husband during the separation period (Art. 51 / Syriac Orthodox).
< In case the Court had proof of the wife's violation of marital duties, she can be charged with paying monthly alimony to her husband estimated at the equivalent of a maid's monthly salary (Art. 52 / Syriac Orthodox).
< In case of separation of spouses, all obligations should be fully respected to ensure the children's subsistence and rearing.
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In case my husband abandoned me for a certain period, do I have the right to ask for marriage revocation?
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Yes, a request to revoke marriage may be submitted in case the husband neglected his wife for a period of three successive years, whether he was absent or present in his place of residency (Art. 67/D Orthodox – Art. 39/E Evangelical).
In case of the husband's absence and inability to know his place of residency after five years at least, and after proving this to the Court, unless due to exceptional coercive circumstances, it is up to the Court to decide on the verdict (Art. 39 / Evangelical).
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Do I have the right to alimony in case my husband abandons me?
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Yes, the wife has the right to alimony upon the issuance of the abandonment decision; this alimony includes food, clothing and medical care, as well as education and rearing for children in case their guardianship was entitled to the mother (Art. 126 and following articles Assyrian – Art. 47 Evangelical – Art. 67 Armenian Orthodox – Art. 53 Syriac Orthodox – Art. 153 Catholic – Art. 48 Orthodox).
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Can I keep my children during the abandonment period?
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Usually, children's custody is entitled to the party who was taking care of them at the time of abandonment suit. Upon the issuance of the abandonment decision, the religious Court decides to whom custody or guardianship should be granted. Nevertheless, and all along the abandonment suit, both spouses have the right to request to view or accompany the minor.
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Do I have the right to sign an agreement between me and my husband related to the abandonment's conditions?
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Yes, such an agreement could be signed; it includes alimony, the minors' guardianship, as well as visitation rights. However, this agreement doesn't become valid until it is certified by the relevant religious court.
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Leaving the marital home |
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Do I have the right to leave the marital home? Can I take my children with me? Do I have to file for a suit or submit a complaint?
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In case marital life between the spouses becomes intolerable or in case the husband jeopardizes his wife's life or threatens to kill or harm her and his threats were serious, the wife has the right to leave the marital home, and she can take her children with her. It is preferable, and even a must to submit a penal complaint in case the husband commits any penal action, or file for abandonment or revocation suit before the relevant religious Court, or submit a complaint before the diocese within which the wedding was concluded.
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Does my husband have the right to fire me from the marital home? Does he have the right to change the lock?
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The husband does not have the right to fire his wife from the marital home for any reason; neither does he have the right to change the lock.
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In case I owned the marital house, do I have the right to change the lock?
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In case the marital house is owned by the wife, she has the right to fire the husband from it and change the lock when there is any disagreement or dispute between them and a complaint or lawsuit before relevant authorities.
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Divorce / Revocation / Nullity |
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What is the duration of the period of iddat after divorce?
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- The period of iddat of a divorced woman or a widow is 4 months, unless it has been medically proven that she's not pregnant (Art. 76 Orthodox – Art. 148 Assyrian).
- Three hundred days starting from the date of death, or revocation or nullity, and it is possible to shorten this period if it is proven that the woman is not pregnant.
- The divorced spouse may not remarry unless according to a decision emanating from the Court which pronounced the divorce, and this 5 years after the divorce decision becomes conclusive and after calling for the community's legal representative and upon hearing his defense as a necessary third party (Art. 44 Evangelical).
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what's the necessary period for a Court to pronounce a divorce, nullity or revocation decision?
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There is no specific period to decide about any religious lawsuit. Each lawsuit differs from the other with regards to its facts, evidences and proofs.
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What are the woman's rights when she's filing for divorce, nullity or revocation?
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The woman's rights when filing for any religious lawsuit include the request of advanced alimony, travel prohibition for the husband with the children, visitation rights of a minor in case the latter is in the father's guardianship.
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what are the conditions for filing for divorce, nullity or revocation? what are the conditions for filing for divorce, nullity or revocation?
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When filing for any divorce, nullity or revocation suit, the marital contract should be valid, the suit should be filed before the relevant religious court and conforming to one of the stipulated articles.
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What are the fees of filing for nullity, revocation or divorce?
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The fees vary from one community to another (Table).
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What are the evidences which can be adopted during a revocation, nullity or divorce suit?
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The evidences that can be used by the court are personal statements (witnesses), evidences, official documents, or medical reports issued by an expert practitioner appointed by the court.
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What are the documents required to file for nullity / revocation/ divorce?
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Y1- A pleading, exposing the facts and legal reasons as well as requests.
2- Marriage certificate.
3- Family civil status extract.
4- All relevant documents supporting the case.
5- An attorney procuration if any.
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Where is the attorney procuration in personal status lawsuits done? What's its nature? What are the fees?
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The attorney procuration in personal status lawsuits is done before the notary, before the Lebanese embassy or Consulate outside Lebanon except for the Maronite Court where the procuration is done before the court's office upon presenting an honorarium agreement as well as the signature on the request of the pleading authorization.
As for the fees they are 35.000 LBP for the Maronite Court , and 50.000 LBP for the general procuration and 35.000 LBP for the special procuration done before a notary.
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In case the husband suffers from a psychological or mental disease, how can this be proven? What are the consequences?
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The husband's psychological or mental disease may be proven by medical experience (through a practitioner appointed by the court in order to examine the husband or both spouses). In case it is proven that the husband was suffering from a psychological disease at the time of marriage, marriage can be cancelled.
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Impediments to marriage |
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What are the impediments to marriage?
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- Age.
- Impotency.
- Betrothal.
- Difference of worship.
- Sacred orders.
- Vows.
- Abduction.
- Crime.
- Kinship.
- Affinity.
- Public decorum.
- Spiritual Relationship.
- Legal relationship by adoption and custody.
- The iddat
- Tuberculosis and contagious and congenital diseases.
In addition to other impediments included in Art. 11 Syriac Orthodox, Art. 800-812 Oriental Catholic Churches Laws, Art. 17 Orthodox, 9-13 Druze, 27-33 Assyrian, Art. 24 Evangelical.
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Cohabitation in the Marital Home |
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Does my husband have the right to file for cohabitation or recall me to Bayt Al Ta'a (house of obedience)?
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The personal status law gives the husband the right to file for cohabitation in order to oblige the wife to live with him. The wife is supposed to live with her husband and follow him wherever he finds it suitable (Art. 47 Armenian Orthodox).
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Do I have the right to file for cohabitation against my husband?
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The wife has the right to file for cohabitation against her husband on the basis of equal rights and obligations between spouses with regards to common marital life (Art. 777 Oriental Catholic Churches Laws).
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In case a decision obliging me to return to the marital home was issued and I refused to abide by it, what may be the consequences?
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In case a decision was issued obliging the wife to go back to the marital home and she refused to do so, she would be considered as disobedient, and consequently looses her right to alimony. She cannot request alimony as long as she is disobedient.
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What does “disobedient” woman mean, and does she have any rights?
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A disobedient woman is the one who disobeys her husband and refuses to live with him without any justifiable reason. She doesn't have the right to alimony as long as she stays disobedient.
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Does my husband have the right to execute the cohabitation decision and oblige me to go back to the marital home through the police?
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The husband does not have the right to oblige his wife to abide by the cohabitation decision through the police. However, the court gives him an executable copy of the decision. The wife who refuses to abide by the cohabitation order is considered as disobedient and looses all her rights with regards to alimony and custody.
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Inheritance |
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Inheritance in case of difference of worship:
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The difference of worship is not an impediment to inheritance, unless the inheritor is subject to stipulations preventing inheritance because of difference of worship (Art. 9 – Inheritance law for non-Mohammedans).
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Inheritance in case of difference of nationality:
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The difference of nationality does not prevent the inheritance between the Lebanese and non-Lebanese, unless the foreign laws prohibit bequeathing the Lebanese. In case the foreign laws limit the right to inheritance, then the non-Lebanese only inherits the Lebanese by what was granted for the Lebanese by the foreign laws (Art. 8 – Inheritance law for non-Mohammedans).
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When is the inheritor deprived of inheritance?
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The inheritor is deprived of his inheritance when:
- he intentionally murders the diseased person or one of his descendants, ascendants or spouse, or intervenes in the murder.
- he makes a false accusation against the inherited person for a crime sentenced by death penalty, unless this latter pardons him in written (Art. 10 - Inheritance law for non-Mohammedans).
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Inheritance among Druze:
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Inheritance matters among Druze are settled in accordance to the stipulations of the legal obligations except for those related to depriving the diseased descendant. In case of the death of the descendant before his inherited, his descendants take his place and inherit his exact share (Art. 169 – Druze).
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The will |
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Foreign testacy:
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Foreign testacy is not valid unless the legislations of this foreign country admit the Lebanese testacy, and as much as they permit it (Art. 44 - Inheritance law for non-Mohammedans).
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The will shares:
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- The descendants share is 50% of the total of movables and immovables (Art. 59 - Inheritance law for non-Mohammedans).
- The share of the spouse if still alive is 30% (Art 60 - Inheritance law for non-Mohammedans).
- The parents share is 30%, equally divided. The parent who's still alive has the right to the whole share (Art. 61 - Inheritance law for non-Mohammedans).
- If the diseased leaves descendants, a spouse and parents or one of the parents, the share of descendants would be 30%, 10% for the spouse and 10% for the parent/s (Art. 62 - Inheritance law for non-Mohammedans).
- If the diseased leaves descendants, a spouse or parents or one of the parents, the share of descendants would be 40% and 10% for the spouse or the parent/s (Art. 63 - Inheritance law for non-Mohammedans).
- In case the testator dies without any descendant, leaving a wife with parents or one of them, the spouse's share would be 20% and 15% for the father and 15% for the mother (Art. 64 - Inheritance law for non-Mohammedans).
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Engagement |
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Are there any conditions for engagement:
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The conditions for engagement:
- Both fiancés should be discerning and free to make their choice.
- The absence of any impediment to marriage (Art. 28 Catholic).
- To submit identity documents as well as a christening certificate, a marriage license issued by the religious authority and a medical certificate accordingly to the civil laws (Art. 5 Orthodox).
- The engagement period should not exceed one year. This period may be decided by mutual consent (Art. 3 Evangelical).
The legal engagement period should not exceed two years unless it's been agreed differently in the contract or if renewed by mutual consent (Art. 30 Catholic).
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What is a church engagement? Is there any compensation due after the engagement revocation?
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The church engagement is the engagement concluded during a religious ceremony done by a priest. In case of the religious engagement revocation, the damaged party has the right to turn to the religious court and request indemnities compensation. The religious courts are authorized to look into these cases according to the art. 2 / 2 April 1951 law.
In case of the ordinary engagement revocation, the damaged party has the right to turn to the civil court provided that that moral and physical damages can be proved.
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What are the reasons of the engagement revocation?
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Some of the common reasons among the different communities that may lead to the engagement revocation include:
- Mutual consent.
- Death of one of the parties.
- Impediments to marriage.
- Choosing to take vows by one of the parties.
- Marriage of one of the parties.
- The end of the legal engagement period.
- The fulfillment of the revocation condition.
- Commitment of a crime or moral or religious contravention by one of the fiancés.
(Art. 32 Catholic – Art 7 Orthodox – Art. 10 Assyrian – Art. 8 Armenian Orthodox – Art. 12 Syriac Orthodox – Art. 15 Evangelical).
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Should the gifts be returned in case of engagement revocation?
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Upon the engagement revocation, each of the fiancés or their inheritors should return to the other party or his inheritors all gifts that were offered during the engagement in case they are still available or their substitute value if they have been worn out.
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Marriage |
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I have the right to get married without my parents consent?
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For the minor: The personal status laws set the age of marriage for both males and females. Minors should seek their parents consent.
For the adult: Parents' consent is not required. But both spouses should be eligible and consenting.
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Do I have the right to include a special condition in the marriage contract?
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The Christian marriage is a sacrament and is not based on conditions at the risk of the marriage nullity.
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Does the Lebanese wife have the right to give her nationality to her husband and/or children?
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Lebanese women do not give their nationality to their husbands. The Lebanese mother does not give her child her nationality neither unless he was illegitimate (Art. 2, decision 15/1925).
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Are there any special measures that should be taken before marrying a military officer?
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The military officer wishing to get married should get a marriage license from his chiefs.
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I have the right to marry a non-Christian?
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The Catholic Church does not permit the marriage of Catholics with non-Christians unless upon a clearance of the impediment of difference of worship (Art. 804 Oriental Catholic Churches Laws).
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Before which authority a mixed marriage is concluded?
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The mixed marriage (Christian and Muslim) may be civil marriage, concluded abroad.
It may also be religious before the Catholic Church, after getting the required clearance from the archbishop. The non-Christian party should give written guarantees called “legal guarantees” that are included in the clearance request, such as:
1- Respect of the Catholic Church laws and the abidance of the marriage contract to these laws.
2- Respect the other spouse's beliefs and not hindering his worship practices.
3- Consent to have the children receive Christian Catholic teachings as well as undergo religious practices such as christening and other sacraments (Art. 804 and the following articles Oriental Catholic Churches Laws).
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In case there is any dispute between me and my husband, what would be the relevant authority to turn to?
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The relevant authority to decide on the dispute is the one that concluded the marriage.
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Are there any conditions that should be satisfied in case of marrying a man adhering to different community?
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In this case, there should be a prior permit from the relevant authority and some conditions related to religious teachings should be guaranteed (Art. 813 – 814 Oriental Catholic Churches Laws). (Art. 20 and 21 Orthodox).
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Is civil marriage that's concluded outside Lebanon registered before the Lebanese Personal Status departments? Which court would be relevant to decide on any dispute that may arise between the spouses?
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The civil marriage concluded outside Lebanon is registered before the Personal Status departments through the Lebanese embassy in the country where the marriage was concluded. In case of any dispute between the spouses, the relevant court to decide on it is the civil court in Lebanon ( Beirut ) which applies the laws of the State where the civil marriage was concluded.
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If the civil marriage was followed by a religious marriage, which one would have the priority in Lebanon ?
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The Lebanese regime is based on the religious laws. Thus, decisions taken by the religious courts have the priority over those issued by civil authorities.
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Should divorce be civil and religious, or would one of them be enough?
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Both divorces should take place, since every marriage has its own consequences.
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what are the measures to be taken before marriage?
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Some documents are required and are all joined in one file that's kept in the relevant department in every diocese, including:
1 - Marriage license.
2- Birth and christening certificates.
3- Banns.
4- Medical certificate.
5- Moral readiness for marriage.
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What's the difference between the dowry, ‘Arboun and the trousseau?
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Dowry: all what the future husband offers to the woman in order to marry her and becomes the woman's property after marriage is concluded (Art. 40 Catholic – Art. 42 Syriac Orthodox).
‘Arboun: the engagement ring.
Trousseau: every movable brought by the wife to her husband, or what her parents and others offer on the occasion of the marriage and in order to contribute to its burdens.
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