Questions & Answers
Questions & Answers
5 available 5 • View allGiving child custody to father in case of divorce




3
Q: Hi,
In the case of divorce, child custody will go to who?
I am the mother and my baby is 5 months old. Is there a chance that the child will be given to the father?
And what are the reasons if the child will be given to the father and not the mother?





Apr 19, 2020
1646
Keeping custody of daughter due to the non-payment of maintenance



1
Q: Assalamu Alaykum.
Please advise me. My daughter turned 13 and I know my custody already ended. Her father did not support her financially for the last 8 years. He rejected all of the help I asked.
Can he file for the custody of my daughter in Dubai Court?
Is there any time frame for him to file?
Will the court give my daughter to him?
Thank you!




Apr 28, 2020
772
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
634
Returning to home country with daughter who is under ex-wife's custody

7
Q: Good morning,
I divorced my ex-wife 3 years ago here in the UAE. We have one child who is 7 years old.
She is the custodian and I am the guardian. I am the sponsor of my child and have my child passport but her mother has put a travel ban.
I remarried last year. I plan to leave the UAE to go back to my country forever with my new wife and with no plans to come back.
Can I ask the court to have my daughter following me in my country?
There is an execution case that was opened against me after the divorce.
Will this case be closed when I leave the UAE to my country?
Should I inform the court?
What would be the process to follow before leaving the UAE?
Many thanks!
Best Regards,


Aug 26, 2020
839
The right of infants custody if the mother seeks to get a divorce

2
Q: Hello.
If I applied for Khula'a, will I lose the custody of my children?
I am a foreigner married to a UAE national. I have 2 months old baby and 1.4 months old daughter.


Apr 5, 2021
180
Legal blog
2 available 2 • 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
17911
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
3083
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
49059

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213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
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
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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.
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Mar 9, 2022
344
Is it possible to apply a will issued in South Africa in the UAE? 0
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
462
How to access the bank account of my son who passed away recently? 0
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
367
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
277

Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
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
149
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
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? 0
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
296
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
190
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
198
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