Questions & Answers
Questions & Answers
3 available 3 • View allCustodial rights
1
Q: I and my wife are going through the divorce. We are both expats. I work and she does not work. I am her sponsor. We have a one-year-old daughter.
Who gets the custody of the baby after divorce?
Once we get divorced, who will be her sponsor in the UAE?
Does she have to leave the UAE?
If she gets the custody, how can she stay in the UAE without a sponsor?
If she does not have a sponsor, can I get the custody of my daughter?

Oct 11, 2016
1182
The effect of canceling wife's visa on her husband

2
Q: My wife is currently in our home country.
What will happen if she doesn't return back within six months?
Will I have any problem with my residence visa?


Feb 12, 2020
573
Possibility of filing for divorce if the wife is outside the country


5
Q: My husband and I are married for 11 years. We lived our life in Dubai till January 2019.
I moved back to Germany with our 3 kids. My husband wanted to follow us at the end of 2019. Now, he wants a divorce out of a sudden.
Can he proceed with the divorce in the UAE without me being present?
What are my rights and what can I expect in terms of child support and custody?
He had been married under the sharia law back in 2008.



Jun 11, 2019
1731
Legal blog
1 available 1 • View allماهية الإستشارة القانونية 0
إن الاستشارات القانونية هي أحد أهم أعمال المحاماة، وقد يعتقد البعض أنه ليس من الضروري تعيين محامي متخصص لأعمالهم أو شركاتهم إلا في حال التعرض لمشاكل قانونية، إلا أن حقيق الأمر تتطلب الحذر دائمًا، فبدلًا من أن تواجه ردود أفعال غير مرغوب فيها قد تكلفك الكثير من الوقت والجهد والمال، يمكنك الحصول على استشارة قانونية أياً كانت قيمتها فلا تقارن بقيمة الخسائر المادية والمشاكل القانونية التي قد تنتج عن التصرف بدونها، ولعل كثرة القضايا والمنازعات سببها عدم أخذ الرأي القانوني من أهل الخبرة.
Jul 18, 2023
265
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
49056

Other answers by
36 36 answers •
View allContinuing work after the expiry of a limited contract without renewal 0
My limited contract has finished on 07 April and I'm still working and receiving my salary, however, my employer hasn't notified me yet about renewing the contract.
In case he does not renew my contract, am I entitled to receive compensation for not being given an earlier notice for non-renewal?
May 27, 2020
12110
Requirements of starting a platform for posting ads in Dubai 0
Greetings!
I will be running a website (blog-post + classified ads) from home, that provides services and posting ads, and it will accept membership in some countries that speak English.
I am located in Dubai. Since it requires a free subscription, I want to ask if I am obliged to register it as business anywhere to be legal, or if I do not register, I will be asked or arrested for running this website.
The website is under maintenance at the moment, it will be broadcasting after it is completed. Some points I am really concerned with:
1- Do I need a legal registration of the website as a business? If yes, can you help me find out how? If I register in one country - let's say UAE - will it be legal in other countries e.g UK, US?
2- GDPR is really critical point that we have to consider especially for websites that collect info from visitors if required. What are the major points that we have to focus on GDPR?
Kindly help me optimize my website to get rid of any unsuspected legal issue.
Regards
May 14, 2020
2640
Resignation during the unpaid leave period due to COVID-19 0
I am a manager in a UAE company, I have served 2 years on an unlimited contract. I have been instructed I am on unpaid leave for a 3-month period in light of the current situation.
The company is asking me to sign an annexe to my contract that I accept this unpaid leave period. If I do accept, can I still resign during this 3-month unpaid leave period if I get another job?
Apr 27, 2020
2290
Is it legal to give a post dated cheque against the final settlement? 0
I should have my final settlement on May 9 as my last day of work will be May 2nd. The company offered me to pay me in 2 payments.
A bank transfer was made in the 1st week of May and the second 50% in the 1st week of June by giving me a post-dated cheque.
The issue is I didn't plan to stay 1 more month as I should leave the country.
1- Is this legal to offer this kind of payment? What can I do?
2- If I have to stay, they have to pay my expenses (rent and bills) to stay one more month in the country?
Apr 27, 2020
1365
المقصود بحل الشركة ذات المسؤولية المحدودة وآلية ذلك 0
السلام عليكم،
ما المقصود بحل الشركة ذات المسؤولية المحدودة؟
وكيف يتم حلها؟
ومن له الحق أن يطالب بحل الشركة؟
Apr 28, 2020
5541

Premium
Other answers by
173 173 answers •
View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
164
If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
85
How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
The case is now with the Public Prosecution. What should I do to ensure the authorities are aware of this?
Sep 5, 2024
88
Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
108
How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
138

Other answers by
109 109 answers •
View allCancellation of SPA for delay in delivery and defaulting on payments 0
Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
Can legal help be provided in this regard?
Jun 7, 2020
883
Easy way to know whether a job offer is real or scam 0
I am a health professional in Canada.
Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment.
they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals.
I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence.
Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They're asking me to start position in one month only and asking to contact a travel agency based in Dubai.
Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.
Jun 7, 2020
14629
Employee rights in case of changing an unlimited contract to a limited contract 0
Hi,
What is the law if an employer wants to change a contract from an unlimited to a limited contract?
Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?
Jun 7, 2020
4879
Terminating the SPA and claiming refund for changing specifications 0
Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?
Jun 8, 2020
702
Inability to continue paying the installments of a property because of COVID-19 0
Hi sir,
I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021.
My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay.
My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far.
My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account?
What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions.
Thank you!
Jun 9, 2020
1512
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