Questions & Answers
Questions & Answers
10 available 10 • View allJurisdiction of the UAE courts in a divorce case if one party is abroad
5
Q: Please, can you let me know if the UAE courts would have jurisdiction in a divorce case for a British non-Muslim UAE resident with a UAE residency visa?
The other party is a not a UAE resident nor a Muslim and has never had a UAE residency visa, but has visited the UAE on a visit visa 12 months ago and has issued (but not yet served) a divorce petition in the UK?
And does it matter when the divorce petition issued in the UK is served to the UAE resident? Will it make any difference if it is served before or after they file for divorce in the UAE?

Mar 20, 2019
3198
Filing a divorce case while the husband is not in the country 
4
Q: Hello,
I would like to ask if I can file a divorce even when my ex-husband is not present here in the UAE.

Mar 10, 2019
2427
Divorce by mutual consent after leaving the UAE
1
Q: Hi.
I am in India for the last 5 months and still hold a valid UAE visa. My wife is staying in Dubai and has applied for mutual divorce in Dubai Courts. We are married since 2008 and have no children.
Can my wife be granted a divorce in my absentia (ex parte) under the Hindu marriage act?
If so, how soon can this be done as we both need the divorce and I am unable to travel to Dubai?

Sep 20, 2018
2129
Custody of children and ex-wife's residence visa after divorce
4
Q: I had divorced my wife at her request last month. I don't know what the next step would be; like for visa cancelation because she is under my sponsorship.
She can change any time her office. After the divorce, my wife will leave me. We have kids; a 7-year old boy and a 13-year old girl. She opened a custody case also but I couldn't get any paper from the court.
Can I ask her to leave my house? Or can I leave and take my children to another house?
Please advise!

Nov 3, 2020
1278
Filing a divorce claim by wife while a divorce process is already filed in Europe
1
Q: My wife secretly filed a divorce claim behind my back on a false basis of being abandoned by an alcohol/drug addict who never paid for his daughter and not knowing where I am.
Although she knew a divorce process was already filed in Europe, I am now facing major legal costs in the UAE. Can I get compensated for these and the emotional damage costs caused by her actions?

Jul 18, 2021
378
The time frame of a mutually agreed divorce


2
Q: I am an expatriate. My wife and I agreed mutually to divorce and we have a child also, which my wife wants to keep and I agreed to that.
How much time will it take to get a divorce? Will it be through Dubai Courts?



Aug 31, 2021
861
أنواع الطلاق والحقوق المترتبة في كل نوع؟

1
س: السلام عليكم،
ما أنواع الطلاق؟ وإذا كان الطلاق بطلب الرجل أو بطلب المرأة، فما الحقوق والواجبات في كل حالة حسب النظم المتبعة في دولة الإمارات العربية المتحدة؟


Nov 12, 2019
167
رفع دعوى لإعادة الزوجة للبيت بسبب مغادرتها بدون سبب


3
س: السلام عليكم،
زوجتي تركت بيت الزوجية لأكثر من 3 أشهر بدون سبب.
كيف أرفع قضية رجوع لبيت الزوجية؟



May 22, 2022
1383
How can I enforce a visitation order if my ex-wife does not let me see my child?




1
Q: Dear Lawyers,
What can I do if my ex-wife is not allowing me to see my 8-year-old child as per the visitation order?
There is an execution case for visitation, but my son refuses to come or see me because my ex-wife coerced him into not liking me.





+1
Aug 23, 2024
90
How can I enforce court-ordered custody when my ex-wife does not comply?




1
Q: Hello,
My ex-wife is not complying with court orders to hand over our child and continues to receive police reports and fines from the court, which do not seem to concern her.
How can I get my daughter back in my care?
Can’t the court instruct the police to transfer my child to me? How many reports are needed before she is arrested for non-compliance?





+2
Nov 6, 2024
67
Legal blog
1 available 1 • View allCustody & Guardianship in the UAE 4
An interview-format article covering the topic of custody and guardianship in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 6, 2021
3104
Laws & Regulations
1 available 1 • View allFederal 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.
Nov 19, 2005
49090

Other answers by
305 305 answers •
View allالضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 0
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
495
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 0
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
973
Can the wife file for maintenance in the UAE after judgement in home country? 0
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1398
ماذا بعد الحصول على حكم في قضية عمالية؟ 0
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
568
Cancellation of an off-plan property and seeking refund 0
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
690

Other answers by
77 77 answers •
View allCan the tenant exit the lease contract early after losing access to gas? 0
There was a gas pipe explosion in our building and the whole floor is unhabitable.
So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended.
Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on.
They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase.
Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?
Oct 24, 2019
428
Is it possible to terminate an employee due to her bad attitude 0
Good morning,
We have given an employee a final warning due to attitude and creating fights with employees.
Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same.
She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent.
Is it valid that I serve her termination?
Thank you!
Oct 20, 2019
632
Filing a case for higher maintenance and possibility of travel ban 0
I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).
I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.
I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.
If she opens a court case, will that stop me from leaving? Has she got a case for more money?
Sep 12, 2019
1850
Removing a travel ban requested by the guardian of a child 0
My question is about my son who has a travel ban for the past four years.
I am a divorced woman and the travel ban is from his father. I want to move back to my home country as I don't have any emotional or physical support here.
My parents are old and would like to move back for good. I have tried discussing this matter with his father but unfortunately, the matter is still unresolved.
I am willing to let go of all financial support in order to go back. Please let me know if this can be resolved in any way.
Jul 30, 2019
5487
The impact of a company shareholder on closure decision by majority 0
Hi,
I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company.
Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.
Jun 27, 2019
744

Other answers by
81 81 answers •
View allCan a company change the holidays of the UAE for expat employees to their country's holidays? 0
Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
Jan 4, 2023
321
What should you do when you get a police call without knowing the reason? 0
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
2553
Partner's liability while other partners are outside the country 0
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
518
Trade license and banking legality for any kind of trading activity 0
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
509
Filing criminal and civil cases against a company for cheque bounce 0
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1691
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