Questions & Answers
Questions & Answers
9 available 9 • View allDivorce by mutual consent and the applicable law

3
Q: Hello,
I am an Indian Hindu expat residing in the UAE since 2009-12 & 2013 till date and married since 2009. I hold an employment visa and not dependent on my husband.
I have been living separately from him since March 2018 to date and we both mutually want to divorce due to compatibility issues. We do not have children, assets or bank accounts or any liability as a couple.
Please advise if we are to acquire a divorce in the UAE, will it be legit in our home country India?
Are we to request for Indian Hindu laws/procedures for the divorce here?


Dec 8, 2018
2026
Possibility of filing for divorce if the wife is outside the country


5
Q: My husband and I are married for 11 years. We lived our life in Dubai till January 2019.
I moved back to Germany with our 3 kids. My husband wanted to follow us at the end of 2019. Now, he wants a divorce out of a sudden.
Can he proceed with the divorce in the UAE without me being present?
What are my rights and what can I expect in terms of child support and custody?
He had been married under the sharia law back in 2008.



Jun 11, 2019
1730
Filing a divorce case in the UAE while the same case is filed abroad
5
Q: Hi,
If I have already filed for divorce in a foreign jurisdiction, the papers have been served and my spouse has responded, is it then possible for them to try and file for divorce in the UAE?
Additionally, they are seeking a "settlement agreement" in the UAE, which I have declined as the matter is already before the court overseas? Is this possible?

Dec 17, 2020
683
Grace period for appealing a verdict before the family cassation court


5
Q: How many days is allowed for an appeal to the Court of Cassation relating to a Personal Status case? Is it 30 days or 60?



Jan 5, 2021
1051
How can hiring a lawyer help in a divorce case?
1
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
897
مستحقات الزوجة عند مطالباتها بالطلاق رغم رفض الزوج
1
س: السلام عليكم،
أنا متزوج منذ 17 سنة ولدي إقامة في أبوظبي وأنا وزوجتي من الجنسية اليمنية وتزوجنا في اليمن وعشنا في أبوظبي لمدة 17 سنة.
عند عودتها إلى أهلها طالبت بالطلاق. كيف يكون ذلك وماذا لي وماذا عليّ؟
علمًا بأنها وكَّلت وكيلاً لها وهو خالها الموجود في الإمارات وهو خالي في نفس الوقت.

Oct 15, 2019
248
How to give a special power of attorney online to sell and purchase company shares?
0
Q: Sir,
I would like to give a special power of attorney (made online as I am out of the UAE) to an agent in the UAE for my trade license (to sell & purchase the company).
But my visa & Emirates ID expired on Dec 25, 2021. My question is, will it be possible to do a power of attorney online with my passport instead of Emirates ID?
Also, if it's possible, can I directly appear in court for selling or signing a share transfer agreement or amendment in MOA for the purpose of selling with my passport?

Feb 22, 2022
277
رفع دعوى طلاق في الإمارات أثناء إقامة الزوج في كندا


1
س: السلام عليكم،
ابنتي تزوجت في دبي سنة ٢٠١٠ ثم انتقلت للعيش في كندا مع زوجها بعد سنة من الزواج. زوجها لم يعمل طيلة ١١ سنة سوى ٤ أشهر. حصلت على شغل وإقامة في دبي خلال إجازة الكريسمس وكان الأولاد معها وهم توأم عمرهما ٨ سنوات و١٠ أشهر. سجلتهم في المدرسة في دبي.
الآن زوجها يدعي أنها خطفت الأولاد مع أنه يعلم بسفرها وهو بنفسه أوصلها للمطار لكن هي نفسها لم تكن تعلم أنها ستحصل على عمل مجزي في دبي إلا بعد عدة مقابلات. بعدها أقام زوجها دعوى اختطاف الأطفال.
ابنتي تريد الطلاق وحضانة الأولاد لأنها غير مرتاحة معه. السؤال:
هل يجب عليها تسليم الأطفال تنفيذًا لقرار المحكمة الغيابي في كندا؟ حيث أن المحكمة لا ترغب في سماع محامي الدفاع عن ابنتي قبل تسليم الأطفال لأبوهم.
علمًا بأن ابنتي وزوجها مسلمين يحملان الجنسية الكندية.
أفيدوني.
شكرًا جزيلاً!



Feb 6, 2023
159
How can a wife file a case for divorce and alimony if she does not live in the UAE?

0
Q: A wife filed a case for divorce 1 year ago. The court judgment rejected her divorce and alimony and to obey her husband. Not to leave home without permission.
The same day she left home, her kids, and the country without permission. She canceled her visa. Soon I also left UAE. None is a resident of the UAE now and they have no visas.
Now She filed an execution case for her alimony and again for divorce of harm also. We didn't meet after 1st case. As she is not in the country. Never came back. How can I harm then?
What should I do?
I am also not living in the UAE. Children are with me.
My question is, how can she open a case when both have not been living in the UAE for the last 1 year?
How come I should pay her alimony when she never came back home and also left the UAE the same night after the court judgment?
I don't know where she is living. How and why do I pay her alimony when she left her home, kids, and country without info and permission?
All again I need to prove that divorce for harm case. Like retrial of the same case and jurisdiction also


Mar 28, 2024
93
Legal blog
1 available 1 • View allOnline POA and Other Notary Public Services in the UAE 28
With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.
Jun 8, 2021
19160
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
49046

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183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
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What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
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Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
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If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1874
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
447

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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
403
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
337
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
457
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
356
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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View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
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If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
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How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
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Sep 5, 2024
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Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
106
How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
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I own an apartment, and a year ago, I sent a legal notice for renovation to the tenant. However, the tenant is refusing to leave.
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Mar 25, 2025
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How can I cancel my current visa immediately without serving notice? 0
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Can a Muslim convert marry in the UAE while separated from a non-Muslim ex-husband? 0
Hello,
I have been separated for 7 years from my late ex-husband in the Philippines.
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Apr 7, 2025
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Can a Pakistani expat register a second marriage in the UAE without disclosing the first? 0
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
Apr 7, 2025
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Is it legal to reduce the salary after signing an employment contract? 0
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Mar 19, 2025
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View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
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Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
Jan 3, 2025
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
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I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
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Dec 24, 2024
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Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
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