Questions & Answers
Questions & Answers
8 available 8 • View allUnderstanding the rights of a husband before divorce


1
Q: I'm an Indian Muslim expat living and working in the UAE. My marriage was solemnized in India. We also have a two-year-old son.
Due to irreconcilable differences, I have informed my wife and our families that I wish to file for divorce. My wife has a residence visa valid till May 2019 but she (and my son) have not been in the UAE since December 2018.
As I live and work in the UAE, I want to file for divorce here. While my in-laws are ok with a mutual consent divorce in India, my wife will not be returning to the UAE.
I would prefer to file for divorce in the UAE as I'm not familiar with the law in India. I also don't want to deal with any potential false charges that could hamper my ability to come back to the UAE.
While my in-laws have not indicated any such actions, I want to prepare for the worst-case scenario. I also would want to have legal visitation rights to him, even if he lives in India post-divorce.
Can any lawyer help me understand my legal options in this case?
Thanks.



Apr 29, 2019
830
Divorce proceedings and the right of custody


2
Q: If a married couple is filing for divorce and they have six children, what will happen to the children?
The children are between 8-18 years old. My question is, who has the right to take them and take care of them?



Jan 6, 2019
3586
Possibility of changing custody in case of changing country


0
Q: I am a US citizen (father of a 9-year-old).
I recently got divorced and have sole legal and primary physical custody of my child. My wife is allowed only 1 visit with my child (for 2 hours each week, under the supervision of a 3rd person).
My wife has unaddressed mental health issues. This is documented in the Parenting Plan and Divorce Decree.
If I move to outside the UAE, can my wife again file for revision of custody?
Will my US divorce and parenting plan be considered by the courts in the UAE?



Jan 6, 2020
676
Filing a divorce case in Dubai and having daughter stay under father's visa
2
Q: Good morning Mr. Ghosh,
I am 52 years old.
I am working in Dubai and am a sponsor for my wife (49 years old) who stays with me as a housewife. I have a daughter as well (19 years old) staying with us.
Can I file a divorce case here in Dubai due to marital disharmony and mistrust? What is the procedure?
After the divorce, can my daughter stay here under my visa?

Sep 27, 2020
326
Right of the husband to sue the wife for defamation and seek visitation

5
Q: Greetings,
I appreciate the information.
A spouse opens a case for divorce based on false accusations and lies which result in ruining the partner’s reputation, causing mental stress and financial damage.
Since the divorce was denied by the appeal court, can the affected partner open a case of defamation or disobedience?
The spouse refuses to live with her husband for more than 16 months and holding the kids from seeing or speaking to father and holding the kids' passports.
The husband has tried hiring three different lawyers to help his cause but made it more complicated and financially very difficult.
Please advise


Nov 7, 2020
2190
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
1328
What can I do if my wife is not letting me see my daughter after separation

2
Q: My wife and I have separated already 2 years and right now we decided to get divorced. We already opened a case for non-Muslim. She took my daughter to Spain to stay with her mother and she came back to Dubai alone a month back.
She doesn't let me talk to my daughter AT ALL. She also told her mother to block me. And even my mother, who lives in the same city, not allowed to visit her.
Since she took my baby to Spain, she allowed me to do a video call with her only 2 times (she is there already 2 months). And since mid of Sept, she allowed me to see baby only 1 time before she travelled with her.
Before we initiated the divorce I could to call my baby every 2 days. We were taking turns to take care of her (1 week she is staying with me and 1 week with her).
I know that I have a right to see and talk to my baby but she doesn't let me. Even right now she blocked me again for a week already and her mother too. Is there anything I can do in this case?


Feb 25, 2021
2036
Can the wife prevent the husband from seeing his daughter during divorce case and custody?

1
Q: I am a husband going through a divorce case in the Dubai First Instance Court and with a 10-year-old daughter.
I have some questions about my rights as a father:
1. What are my rights regarding child custody during the First Instance and Appeal stages of the divorce case?
2. Can I meet my daughter before the final judgment is issued? Are there any conditions or limitations for these meetings?
3. If my spouse has custody of our child and refuses to disclose her location, can I take any legal action for Child Abduction?
4. Can my spouse restrict my communication with her and her family members? Can she enforce a specific mode of communication, such as email?
5. Can my spouse make decisions regarding our daughter's schooling without my permission?
I would appreciate any guidance on my legal options in these matters.
Thank you.


Jul 26, 2023
146
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
3150
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
49125

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I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
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Is it possible to apply a will issued in South Africa in the UAE? 1
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
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Feb 22, 2022
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How to access the bank account of my son who passed away recently? 1
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
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How to change the lease contract for an entity that changed from sole establishment to LLC? 1
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If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
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Aug 23, 2024
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Bank filed a civil case over a loan: Better to settle with the bank or in court? 1
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
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Is it legal for my employer to withhold my salary until I leave the country or change status? 1
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
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Demanding that an employee pay for visa charges a year after resigning 1
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
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Is an employee eligible for maternity leave in the first three months of pregnancy? 1
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Cancellation of SPA for delay in delivery and defaulting on payments 2
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
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Easy way to know whether a job offer is real or scam 100
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.
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Jun 7, 2020
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Employee rights in case of changing an unlimited contract to a limited contract 7
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Terminating the SPA and claiming refund for changing specifications 2
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?
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Jun 8, 2020
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Inability to continue paying the installments of a property because of COVID-19 5
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
1546
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