Questions & Answers
Questions & Answers
7 available 7 • View allFinancial rights of the wife in case of divorce without children
Q: I am an expatriate and got married here in Dubai to an Emirati man 4 yrs ago and we don’t have kids, but he wanted a divorce because he had another woman.
What are my rights or can I get compensation after our divorce?
My husband didn’t give me a copy of our marriage certificate but I saw there that I will get one thousand dirhams only if we get a divorce.
What should I do about it can I ask for alimony?
Hoping to receive a response from you I really need your advice.
Thank you so much.
Dec 29, 2020
818
How can hiring a lawyer help in a divorce case?
Q: Greeting,
I'm planning to hire a lawyer to offer me writing a legal note that I can submit to the court myself just to reduce the legal fees - with more legal advice to deal with the divorce case.
Based on your experience, please advise:
- Is there a fundamental difference - in the case of potential end results/judgment - between hiring a lawyer for full services or just ask to write a legal note?
- What would be your advice or criteria for a client in selecting the right lawyer in such a case?
If you offer such a service, please contact me with a glimpse of your service, charges, and basic terms.
Note: the case is in Dubai courts - personal status court (Muslim Affairs). You can write to me in both Arabic or English.
Thanks!
Jan 5, 2021
901
Can a husband ask his wife to vacate the house before divorce?
Q: Can my husband throw me out of the house?
My husband has asked us to separate. He gave me till the 31st of October to vacate the house. He threatened to put my things at the car park of our house if I refused to vacate by the stated date.
For the past 5 days, he has been sending a reminder every day to vacate the house. He has also canceled my visa under him on the 19th of October. We have 7 years old twin girls together.
He promised to allow me to have the children only if I can get at least a one-bedroom apartment by myself. My place of work has agreed to sponsor my Visa.
My questions are:
Does he have the right to throw me out of the house while we are still legally married?
I understand that he should be the one to provide accommodation, feeding, and other expenses. If he doesn't want us to live together, is this applicable in this situation?
I want to have my children with me, what are his responsibilities and supports towards us if I get them?
Oct 26, 2019
1186
The rights of a wife if the husband filed for divorce in the UAE as per Sharia law?
Q: What are the basic rights of a wife if the husband filed for divorce in the UAE as per Sharia law?
Oct 31, 2019
277
هل تتأثر نفقة الزوجة الأولى عند رفع الثانية دعوى نفقة؟
س: السلام عليكم،
حُكم للزوجة الأولى بنفقة الزوجية وتحدد المبلغ وتم التنفيذ. رفعت الزوجة الثانية دعوى نفقة زوجية.
هل يتم احتساب راتب الزوج المتبقي أم يتم حساب كامل الراتب شاملاً النفقة المحكومة للزوجة الأولى؟ يعني هل تتأثر الزوجة الأولى وتتغير نفقتها؟
Jun 12, 2023
300
I want to file divorce from husband and I got threatened by him. How to protect myself legally?
Q: I'm a Muslim expat who wants to file for divorce from my husband who is also a Muslim expat.
I tried before but he threatened to "destroy" me, so I got scared and stayed.
I want to ask family lawyers what have they seen revengeful husbands doing to ruin their wives' lives so that I can be prepared.
+1
Jan 25, 2024
118
Transferring property ownership to avoid higher support payments upon divorce
Q: Dear Lawyers,
My wife has filed an appeal after the court earlier rejected her divorce request. Please note that she left the marital home without my permission.
In her appeal, she is requesting higher marital support payments, pointing to my ownership of a flat in the UAE from which I earn rental income.
She has provided property documents showing the flat is under my name and is asking the court to consider this in addition to my salary.
I am considering transferring the property to my mother's name to prevent her from monitoring it in the future and making any further claims.
Will it be useful to transfer the property to my mother's name at this stage?
I will contact whose advice appears most suitable for a detailed discussion.
Jul 10, 2024
53
Legal blog
1 available 1 • View allTips on Winning Legally at Court and out of Court
Winning the Lawttery - what it means to 'win at all costs' in the courtroom and what are the implications of a legal victory. UAE lawyer Diana Hamade shares through this article tips on winning legally while navigating through all possible ways to avoid losing while winning.
Jul 18, 2019
2337
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status
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
49054
Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ?
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
407
I seek to cancel a purchased property and get refund for delay in handover
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
339
Is it possible to apply a will issued in South Africa in the UAE?
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
459
How to access the bank account of my son who passed away recently?
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
363
How can we access the bank account of a deceased person?
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
272
Other answers by
11 11 answers •
View allClaiming second wife's rights from husband residing in the UAE
Hi sir,
I am my husband's second wife. We married in Pakistan. Our marriage is not registered in the UAE.
Now, he abandoned me and has not sent me a visa.
Can I come to the UAE and file a case against my husband?
Dec 12, 2022
207
Is it better to file a case against husband for alimony before giving birth?
Dear sir/madam,
Am I allowed to start opening a case against my husband for alimony and support if I have not given birth yet?
Or do I have to wait until I give birth and then open a case against him?
Nov 20, 2022
253
Clearing the judgement of a cheque case and returning to the UAE
Hi,
Since 2018, I have cheque case amount of AED 345000. During my absence, the court has sentenced me for 18 months of jail.
Now I'm in India. How can I clear with the use of POA and how long will it take to clear? I have to return back to the UAE asap.
Jan 27, 2021
588
Options for dealing with a divorce case while being abroad
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1230
Filing a criminal case of physical abuse against the husband
My husband physically abused me and I went to do a medical report.
Do I have to open a criminal case against him or I can use the medical report only in Dubai Court?
Jul 1, 2020
2536
Other answers by
313 313 answers •
View allCan the landlord request the tenant to pay the chiller in the middle of the contract?
I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
Does a new DLD regulation precede a tenancy contract? Moreover, I am receiving a disconnection notice from the chiller company due to non-payment.
What can I do if this happens?
Please advise.
Mar 23, 2022
1575
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
719
Does the new property owner have to sign a new contract with the tenant?
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
2539
Cleaner's resignation with 30-day notice in incomplete contract
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
543
The ownership of a code of a web application
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
307
Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice
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
144
We had an accident. Can I claim the treatment costs paid to hospital from the insurance?
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
225
My brother's wife got pregnant with another guy. What happens if he files a case against them?
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
291
What can I do if a company hired me then changed their mind?
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
190
What happens to the company and its operations if one of the partners is deceased?
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
197
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