أسئلة وأجوبة
أسئلة وأجوبة
6 متاح 6 • عرض الجميعالحضانة والوصاية وتقسيم الممتلكات عند الطلاق


2
س: أريد الطلاق من زوجي؛ وتتمثل مخاوفي في التالي:
إذا كانت إجراءات الطلاق تخضع للشريعة الإسلامية، فما هي الاحتمالات المتاحة لي عندما يتعلق الأمر بما يلي:
1- حضانة الأطفال والوصاية عليهم - أعتقد أنني سأحصل على الحضانة حتى سن الحادية عشر. سؤالي هو إذا كان الزوج عاطلاً عن العمل لمدة ستة أشهر حتى الآن، هل يمكن اعتباره وصيًا في حين أنه لا يستطيع الإنفاق على الأسرة؟
وإذا كان بإمكاني إثبات أنه لا ينفق على الأسرة (في الأساس، أدفع كافة الفواتير منذ زواجنا) ولدي دليل على أنه كان في علاقة غرامية قبل عام، هل يمكنني الحصول على الوصاية أيضًا بالإضافة إلى الحضانة الكاملة؟
هل يمكن للطفل الحصول على فرصة لاختيار المكان الذي يريد أن يعيش فيه عندما يصل إلى سن البلوغ؟
2- تقسييم الممتلكات - حيث أنني ورثتُ أرض من والديّ، هل يحق له الحصول على نصف الممتلكات؟
من الواضح أنه ليس لديه منزل / ممتلكات في بلده الأصلي أو مدخرات، وأشعر بالقلق من أنه قد يحصل على كل شيء.
في انتظار مشورتك.



2019/05/23
717
إعطاء حضانة الطفل للأب في حالة الطلاق




3
س: مرحبًا،
في حالة الطلاق، مّن يحق له الحصول على حضانة الطفل؟
إنني الأم وطفلي عمره خمسة أشهر. هل هناك احتمال أن يحصل الأب على حضانة الطفل؟
وما هي أسباب إعطاء حضانة الطفل للأب وليس للأم؟





2020/04/19
1704
هل يمكن للابن أن يقرر من يقيم معه إذا طالب الأب بالحضانة؟



1
س: مرحبًا،
عندي سؤال.
أخي بلغ الرابعة عشرة وهو مع والدتي ولا يحتاج إلى أي شيء ومعدله 100% في مدرسته.
والآن يريد والدي حضانته، فهل سيتم سؤاله مع من يريد البقاء أم سيضطر إلى الانتقال إلى منزل والدي؟




2022/10/27
378
Can the father claim the custody of my son when he turns 11 years?



0
Q: Hi,
I received custody of my son, he has already turned 11.
So far, his father has not claimed custody. Can he claim custody or does he lose it after a certain period of time?
If I remarry, will I lose the child maintenance and accommodation provided for my son?




2024/09/16
96
What’s the difference between proof of custody and claiming child custody?




1
Q: Dear Lawyers,
What’s the difference between proof of custody and claiming child custody?
Should I request the Dubai court to provide an NOC to judicially establish proof of custody?





2024/10/22
89
Can I seek child custody in Dubai after a mutual divorce in Egypt?




1
Q: Hi,
I am an Egyptian working in Dubai. I have a 2-year-old son. During my family vacation to Egypt, due to unavoidable circumstances, I divorced my wife in Egypt by mutual consent.
Now my concern is about my child. I will return to Dubai, and my ex-wife will also come to Dubai with my son, as her parents are settled here. I want custody of my child.
Can I file a court case for child custody in Dubai, even though my marriage and divorce happened in Egypt?
What outcomes can I expect from the Dubai court?





+1
2024/12/27
83
المدونة القانونية
1 متاح 1 • عرض الجميعالحضانة والوصاية في الإمارات العربية المتحدة 4
مقالة في صورة مقابلة تتناول موضوع الحضانة والوصاية في دولة الإمارات العربية المتحدة. مقتبسة من المدونة الصوتية القانونية للمحامية لودميلا يامالوفا، مؤسسة مشروع لوجيكال مع لايلو.
2021/05/06
3157
قوانين وتشريعات
1 متاح 1 • عرض الجميعFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
2005/11/19
49129

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعWho is supposed to pay for the transfer fee, the employee or the employer? 0
Hello
I joined my new company on February 26, 2025. Upon joining the new company, I asked HR if it was free to join the company, and she said yes.
After working with them for 1 month, I experienced a salary delay, and I had to go to the office to ask why there was a delay in my salary.
That is when the HR told me she deducted my whole salary to recover the transfer fee.
Now my question is, who is supposed to pay for the transfer fee, the employee or the employer?
2025/04/28
24
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
2025/05/01
53
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
2025/04/30
25
After closing the company, can an investor stay in the UAE until the residence visa expires? 0
Hello,
An investor has a residence visa valid until February 2027; however, he wishes to close the company before the current license expires in December 2025.
Can the investor still legally reside in the UAE until the residence visa expires?
2025/05/02
31
Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
I have already received a new employment visa from another employer.
Can I return to Dubai, or will there be any problems with UAE immigration?
Please advise!
2025/04/30
22

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعMy husband sold the house we bought jointlyand took a cheque plus 1-year instalments from me. What can I do? 0
Hi,
I am a non-Muslim indian expatriate, residing in Dubai since 2015. The first 5 years, I was on a working visa, and after the delivery of my first baby, I left my job and became dependent on my husband.
In 2018, we bought a house together where I invested AED 2 hundred thousand from my income (I have proof in the form of a cheque). I also paid AED 3300 monthly installment for 1 year, for a personal loan taken out for the house.
But in spite of my resistance, my husband tactfully put the house in his name, so the title deed was in his name. In 2024, when my kids and I were in India for vacation, he cancelled our visas and residency. He also filed for a divorce in India.
The divorce is not yet finalised, and we are still married. Since August 2024, he hasn't let me access my house in Dubai, so I filed a case, which eventually went in my favor in January 2025.
Since I used to travel on a visit visa, I left for India and returned in March, to find out that my husband had already sold the house. The new owner is residing there.
What can I do now?
Help!
2025/05/01
22
How can I be exempted from paying the 5% court fee, and where should I go to apply? 1
Hello,
How can I be exempted from paying the 5% court fee, and where should I go to apply?
2025/03/18
83
Can we claim and sell a liquidated customer’s goods to recover debts through Dubai Courts? 1
Hello,
Our customer has gone into liquidation, and we are shipping goods to Saudi Arabia. We have stopped the shipment and requested payment of their outstanding balance.
How can we request to take ownership of their goods to sell in order to recover our outstanding invoices? Is this possible in Dubai Courts?
2025/02/06
88
I purchased an apartment, but the previous landlord refuses to vacate. What to do? 1
Hello,
I bought an apartment, but the previous landlord is refusing to vacate it. The contract clearly states that the landlord should hand over the apartment on the day of the transfer.
Out of courtesy, I gave him three days to vacate so he could find a new place to stay, but the time has passed, and he is still refusing to vacate and hand it over.
What should I do in this case?
2025/02/04
83
My hair was damaged by a very known and professional salon. Can I seek refund and compensation? 0
Hello.
I went to a very well-known and professional salon (or so I thought) for a normal hair dye. The guy who did my hair left the dye on my hair for over an hour when it was supposed to be on for a maximum of 30 minutes.
He wasn’t paying attention to me walking around the store talking to everyone and also doing another customer's extensions.
Now my hair is potentially damaged, my skull burns, and is flaky (meaning the dye wasn’t ammonia-free which is extremely unprofessional for such an expensive salon).
I didn’t even get the outcome that I wanted and the dye color doesn’t even show. I talked to him about it but he shut it down so fast and gaslit me the whole time and made me feel like I was the wrong one and I was ‘complaining about something so light’.
Please let me know what I can do legally about this.
Thank you.
2025/01/31
78

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعI sent the landlord a notice to renew the lease 90 days earlier as per the contract. Can I change my mind if he didn't respond? 0
I live in Dubai and I have a one-year rental contract with my landlord. According to the agreement, I must tell the landlord at least 90 days before the contract ends whether I want to renew it or leave.
I followed the rule and sent them an email before the 90-day deadline, saying that I want to renew. They replied and said okay, and they asked me to send the new contract so they could sign it.
I prepared the new contract (with the rent price fixed according to RERA rules) and sent it to them about two weeks ago. But since then, they haven’t replied or signed the contract.
I think maybe they are waiting to see if someone else will offer more money to rent the apartment, so they are delaying their response.
Now I am wondering: if they finally send back the signed contract after a long delay—let’s say in one more week—and by that time I’ve changed my mind (for example, I found a better apartment or I’m leaving the country), am I legally required to continue with this landlord?
2025/05/05
8
Can I delay cheque enforcement if I’m abroad after the 7-day notice period? 0
Hello,
After the 7-day notice period in a cheque execution case, how long do I have to file for enforcement?
Is it acceptable to wait and file after one month as I’m out of the country?
2025/05/05
11
How to claim compensation after receiving a court judgment in my favor for a car accident? 0
Good day,
I need help, please. I was involved in an accident. I was run over by a car and I was not the guilty party.
Now, I have received the judgment order from the court.
How do I submit it to claim my compensation from the guilty party?
Thank you!
2025/05/02
41
If an employee is terminated due to cost-cutting, is it still possible for them to request leave? 0
Hello,
We would like to ask for clarification: if an employee was terminated due to cost-cutting, is it still possible for them to request leave?
Thank you, lawyers!
2025/05/02
10
How long does Dubai Court take to seize the amount and lift my travel ban? 0
Hello,
How much time does Dubai Court usually take to seize the amount from the bank to release my travel ban?
2025/05/03
9

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعI received a judgment in my favor from RDC that awarded me legal fees. Does this include lawyer fees? 0
I have received a judgment in my favor from RDC that awarded me legal fees.
However, RDC says that legal fees do not mean lawyer fees; they are RDC fees only.
Is this correct?
2025/02/14
125
The public prosecution appealed a judgment to increase the fine I already paid. What do I do now? 0
Good afternoon,
Thank you for your time.
The public prosecution appealed my judgment (a fine that I satisfactorily cleared) and requested increasing the fine.
Can you please explain what happens during a criminal case appeal hearing for me as a defendant?
Will I be asked questions?
Is the hearing just for the Public Prosecution to present their appeal to the judge, and I do not need to give a response?
Thank you again for your time.
2025/02/07
185
Can we give a salary certificate to a new hired employee before he starts to open a bank account? 0
Dear lawyers,
The new employee will start on June 1, 2025. However, he would like to open a new bank account in the UAE thus asking to provide the salary certificate mentioning his salary in AED and if possible not mentioning the start date.
Legally, can the company provide such a certificate?
2025/02/04
149
I received a termination letter from my company for restructuring. Is this considered arbitrary dismissal? 0
I received a termination letter from my company on January 31st, 2025, with a one-month notice period, stating my last working day as February 28th, 2025.
The reason given for the termination is "considering the current business scenario, the company has considered measures to reorganize the business."
Could this be considered arbitrary dismissal?
Am I entitled to any compensation or benefits from the company as a result of this termination?
2025/02/05
130
Do I need to hire a lawyer if I found I have a marital case against me in the court? 1
By checking in Al Adheed, I have found there is a marital matter case against me in Dubai Courts. There is a hearing date for next week and the time mentioned in the case status with a link for an online hearing.
However, I have not received any message from Dubai courts regarding this by mail or phone. I have all contact details updated with EID. In this case, what should I do?
I don’t know what the case is about.
Should I hire a lawyer or I can attend the hearing by myself?
Please do suggest options.
2025/02/03
111

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan I cancel my house sale contract without extra fees after personal plans changed? 2
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
2024/07/12
617
How to know if an offer letter I received from a company in the UAE is legit? 2
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
2024/03/18
269
Tenant always late with payments, hasn't renewed contract. What to do? 2
Hello,
I have a tenant who is always late with their payment. Their renewal was supposed to be last December 2023.
Currently, they have not signed any new contract, provided any new cheques, and have stayed for three months from December until now without paying rent.
Additionally, I just discovered that they have sublet the apartment with partitions, which is clearly stated as not allowed in the old contract.
Please let me know what should I do legally!
2024/03/14
498
How soon will I receive the cancellation paper from my previous employer? 1
Dear Concern,
How long will it take to receive the cancellation paper from my previous employer?
My last working day at my current company will be on April 7, 2024.
2024/03/16
315
Tenant received renewal notice, rejected proposed rent on renewal day. What next? 2
Hi,
We sent a renewal notice to our Dubai-based tenant 84 days before his contract renewal, with a 10% increase in rent.
The tenant neither agreed nor disagreed with the proposed rent and replied on the day of renewal that he wouldn't be paying the proposed rent.
Due to the argument, the landlord decided to reduce the rent, but the tenant has not yet renewed his contract. It has been 12 days since his contract expired.
Kindly suggest what could be done in this matter.
2024/03/12
311

إجابة أخرى من
لا توجد إجابات
عرض الجميعI left Dubai on an outpass. Do I have a travel ban? 7
Dear Sir/Madam,
I have lived in Dubai for 5 years. I left Dubai in November this year on an outpass to return to London, UK, for a family emergency.
I owe 15,000 AED for overstaying fines, which I plan to pay when I return in January 2024. I still have a valid Emirates ID. How do I go about this?
I was told that I may have a possible ban. Is this true, or is there a process around this?
Can I pay my fine on re-entry at DXB, or can a lawyer efficiently sort out this process as I need to return to Dubai next month in January?
2023/12/20
1014
UAE woman seeks escape from mental torture at home, can she take her brother? 1
Dear Sir/Madam,
I am a 21-year-old female residing in the UAE. I have a job and am capable of supporting myself. I want to move out of my family's home because I am experiencing mental torture, and I no longer wish to live with them.
I have a 13-year-old brother who does not attend to school due to my parents.
Is there a way for me to move out of the house with my brother?
2023/12/18
121
A company failed to deliver the promised freelance visa. How can I get a refund? 3
Dear Sir/Madam,
I paid money to a documents clearing company in Dubai to process a freelance visa for me. After receiving payment, they kept delaying and didn't even start the process.
Doubting their intentions, I have demanded a refund of my payment, which they are now delaying as well. They keep promising they will do it in a day or two but are not keeping their word.
I have payment proof in the form of an invoice issued by them and proof of the refund request in a WhatsApp conversation, where they repeatedly say they will do it but have not followed through.
What action can I take against them to recover my money?
2023/12/18
251
Is the absconding ban a lifetime ban or a temporary ban? 5
Dear Sir/Madam,
If a company files an absconding case against an employee outside the UAE:
a) Is the absconding ban a lifetime ban or a temporary ban?
b) Does the absconding ban also expire automatically with the period of a labor ban or immigration ban?
2023/12/18
1520
What procedures should an LLC follow to file for an outstanding payment? 1
Dear Sir/Madam,
What procedures should an LLC follow to file for an outstanding payment?
What steps should an LLC take when filing?
In the case of a legal notice for outstanding payment, which sections of the law should be mentioned?
2023/11/30
111
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ