Questions & Answers
Questions & Answers
7 available 7 • View allThe right for custody in a divorce case
2
Q: What are the most important factors in child custody cases in the UAE if both parents are Emirati?
What is the best way of preparing for court i.e. what would the lawyers/ judges need?
If the mother initiated the divorce does that put her at a disadvantage?

Apr 30, 2019
785
Rights of the spouse and daughter in divorce agreement
2
Q: I am an Indian citizen residing in Dubai since 2010 post my marriage which took place in India. I have a 6-year old daughter.
I and my husband have mutually agreed to get divorced. I want to know the things which I am eligible to receive from my husband by default.
I want help.

Jan 15, 2018
2753
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
3577
The right of the father to claim custody back from the mother

2
Q: I have a verdict from Dubai Courts against my ex-husband to clear the child support. He agreed to pay in our mutual consent divorce agreement. It was issued in Feb 2020.
Today, I received a court hearing notification that he has filed a case for children custody. What should I do?


Jun 30, 2020
661
Wife alimony and child support before and after divorce
1
Q: Husband has been on visit visa for about 1 year + and has not got any permanent job. He has zero balance in his bank account.
Question: 1. How will this affect my alimony and child support case? How can I demand this from the judge?
2. Aside from this, can I still file a claim for 3 years of alimony because he did not provide for our family since we got married?
I am working and has been the provider to the family. Our divorce case is still ongoing.

Jan 30, 2021
529
How to claim the custody of son from his father because of harassment?
0
Q: I am divorced 4 years back having 2 kids, an elder son (14) and a daughter (9). I stay in India with my daughter. My husband stays in Dubai and has taken custody of my son. I have come to Dubai on a visit to see my son.
In these 4 years after my divorce, my ex-husband has tortured, threatened and beaten my child. My son now wants to come back to me, he is mentally sick. My husband has his passport and is not allowing me to take my son.
What should I do and whom should I get in touch with in the UAE?
I badly want my son, the impact of his father’s harassment is deteriorating my son's life. Please help me. Should I go to the police? Will anyone get me his passport?

Feb 18, 2021
412
الحق في حضانة الأبناء بعد تجاوزهم سن الثالثة عشر


1
س: حضانة الأبناء لمن وأصغرهم 14 سنة؟ وهل يتم أخذ رأيهم أم تنتقل الحضانة مباشرةً للأب؟



Aug 2, 2020
409
Legal blog
3 available 3 • View allThe Due Alimony for Wife And Children After Divorce 19
There are rights and obligations for both parties of the marriage contract arise as a result of divorce, which often disputed by the spouses. Here we will explain the due alimony and its types for the wife (divorced - widow) and children after divorce in accordance with the UAE Personal Status Law, Federal Law No. 28 of 2005 and its explanatory memorandum.
Jul 13, 2019
17973
Custody & 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
3143
Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi 8
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE and the Ruler of Abu Dhabi. This personal status decree will be applicable for non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, Will, inheritance, and custody of children.
Nov 9, 2021
2572
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
49119

Other answers by
When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
482
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
378
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:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
503
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
397
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
318

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Other answers by
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
Apr 29, 2025
26
Despite a waiver, the case is still with the public prosecution. Can I travel? 0
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
Apr 28, 2025
23
How can we claim our money back if the cheque we received have bounced for insufficient funds? 0
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
Apr 28, 2025
35
Who 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?
Apr 28, 2025
20
Is it possible for a foreigner to get a divorce in Dubai? 0
Is it possible for a foreigner to get a divorce here in Dubai?
Apr 28, 2025
16

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Other answers by
How many days do I need to wait for company cancellation following resignation and notice? 0
Hello,
How many days do I need to wait for company cancellation following resignation and one-month notice?
Apr 29, 2025
24
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
Apr 29, 2025
26
Am I allowed to wear a burka during the divorce hearing at the family court? 0
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
Apr 16, 2025
61
Can a Muslim convert marry in the UAE while separated from a non-Muslim ex-husband? 1
Hello,
I have been separated for 7 years from my late ex-husband in the Philippines.
I am a converted Muslim since 2016, and my ex-husband was not Muslim.
Can I marry my Egyptian fiancé here in the UAE?
Apr 7, 2025
154
Can an employee on sick leave legally apply for overtime work? 1
Hello Lawyers,
Eid Mubarak!
Could you please advise? Can an employee on sick leave also apply for overtime at the same time? Is there any law related to this?
Thank you!
Apr 3, 2025
83

Other answers by
Disputing tenant's refusal to accept old landlord's rent increase notice 3
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
196
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 1
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
244
My brother's wife got pregnant with another guy. What happens if he files a case against them? 2
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
318
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
208
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
221
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