Questions & Answers
Questions & Answers
8 available 8 • View allRights of a wife in a divorce
0
Q: Dear Sir/Madam,I would like to ask if a Lebanese man and Uzbek lady got married legally in Dubai, they have a baby 5 years now, mother study doctorate in university still not finish, the husband every day is drunk and beat her and alike, and he sleeps with other street ladies and not give money for wife and son, also he stated he want to divorce her and marry another lady.The question is what are her rights if he divorces her, and the baby will be with him or her?

Dec 18, 2016
3397
Ensuring the payment of maintenance for wife after divorce
0
Q: My husband has filed a divorce in Dubai. Before this, I filed a case to get maintenance and I won the case.
He is paying me monthly maintenance. Would I get maintenance after divorce or I have to claim permanent alimony from my husband after divorce?

May 17, 2018
2519
Getting Mehr and other rights upon divorce under Sharia Law



4
Q: My husband and I married under Sharia Law. At the time of marriage, he provided a title deed stating that an apartment is not mortgaged in order to give it to me as my Mehr.
He promised to transfer the property within 5 days after the marriage. 8 months later, my husband claims that the apartment is actually mortgaged (not fully paid yet) and he refuses to transfer it stating that I do not deserve it and accusing me of being a bad wife.
He even stopped supporting me financially and he abuses me physically and emotionally. I have filed a complaint to the police after he hit me.
How can I get my Mehr? The apartment is mortgaged while I think it is not. How can I get a divorce without losing my rights?
Will I get compensation for not being financially supported?




May 3, 2020
1615
Financial rights of the wife in case of divorce without children
3
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
825
The rights of husband in case of KHUL demand by wife

6
Q: In case of KHUL demand by wife, do I as a husband have the right to ask for compensation for all the expenses incurred during marriage and return of our gold given during marriage including mahr and money spent during marital life?
Is it mandatory for the husband to accept Khul when demanded by the wife for such marital discords?
In case of domestic violence by husband, what are the legal consequences here in the UAE?
And also what is the law for verbal abusive nature of the husband? There are phone recording and voice recording proof for this. Is it legal?
Can the husband claim custody of children? If the marriage happened in Dubai Sharia Court, can divorce procedure be done in India?
Can home country law be applied for the divorce proceeding in Dubai? Both of us are Indian.
How to issue a travel ban for kids?
How a father can take custody of children after 11 years of age? What are the requirements?


Apr 1, 2021
3086
Does the husband need to pay the wife and child maintenance if she takes khula?
5
Q: Dear questioner,
Does the husband need to pay the wife and child maintenance every month if she takes khula?
And how much is it if he has his own business in Dubai?

Apr 11, 2022
795
إمكانية فسخ عقد الزواج قبل الدخول بدون دفع المؤخر



2
س: السلام عليكم،
هل يمكن فسخ عقد الزواج بدون دخول بلا سبب منطقي وبدون موافقة الزوجة أو الضغط عليها لإجبارها على التخلي عن المؤخر؟




Jul 5, 2023
356
المطالبة بالمهر عند رفض الفتاة إتمام الزواج بعد العقد

2
س: السلام عليكم،
شاب خطب فتاة وعقد عليها. بعد العقد حدثت خلافات ورفضت إكمال الزواج ولم يحصل الدخول أو الخلوة. طالب الشاب بالمهر ورفضوا إرجاعه. فتحت ملف أسري وطالبت بالطلاق ورفضت الحل الودي.
تمت الإحالة للمحكمة ولم يثبُت الضرر. رُفضت دعوى الطلاق واستأنفت ورُفض الاستئناف. ما زالت ترفض إرجاع المهر وتطلب الطلاق.
ما الإجراء المناسب من قبل الشاب؟


Jul 23, 2023
466
Legal blog
2 available 2 • View allTips on Winning Legally at Court and out of Court 2
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
2360
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
3099
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
49073

Other answers by
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
421
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
353
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
470
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
374
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
284

Other answers by
305 305 answers •
View allالضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 0
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
494
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 0
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
973
Can the wife file for maintenance in the UAE after judgement in home country? 0
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1396
ماذا بعد الحصول على حكم في قضية عمالية؟ 0
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
566
Cancellation of an off-plan property and seeking refund 0
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
689

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
157
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
231
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
301
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
195
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
207
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