Questions & Answers
Questions & Answers
15 available 15 • View allCost and proceedings of a mutually-agreed divorce in the UAE
9
Q: Salam.
Would like to know, how one can initiate divorce in the UAE, both husband and wife are willing to separate.
How long will the process be, if one goes to court on own? And if one takes assistance from a Lawyer, how fast it can be done and what could be total approx. cost?
Thanks

Feb 8, 2018
6862
Approximate maintenance for the wife and child after divorce
19
Q: (1) How much maintenance percentage is required to be paid by a husband (working) who divorces his wife (not working) and has one daughter to support?
(2) We are British citizens living in the UAE and own a home in the UK. Will the UAE law force me to rent additional accommodation for her when I can provide a home in the UK?
Many thanks

May 11, 2017
31544
Financial rights of the wife after expats divorce in the UAE
36
Q: My husband and I are South African & have been married for 6 years. We live in Dubai. He also has a Canadian passport.
We were married with an Anti-Nuptial Contract (prenup) but the ANC was not registered, so we are married in community of property. We have nothing between us, no money/kids/assets.
My husband did receive inheritance money 2 years ago. I supported us financially for our marriage because my husband worked on commission only job.
He refused to find a job that paid a monthly salary. He contributed financially but I carried the bulk of our expenses. I used my own personal savings from before us being married to support us.
He promised that when he receives his inheritance he would return my savings, would buy us a house and more. He received this money about 2 years ago and has given me nothing.
He is an alcoholic, he has admitted that he has cheated on me by calling a sex line & has been arrested twice due to alcohol. We have been for counselling in the past. I moved out on 5/11/16.

Apr 24, 2017
68032
Understanding the rights of the husband during divorce

2
Q: Hi,
I’ve been married for 7 years with two beautiful children and we are expats living in Dubai (British).
We decided to get divorced and I wanted to understand my rights in regards to the family name as she’s in media and uses my children as pawns on social media sites.
She also puts up pictures that I don’t want to be associated with my family for legal reasons (alcohol-related as she doesn’t have a license and hosts paid media events illegally).
Can I force her to change her surname? Do I have any rights over what pictures of my children are put up on media platforms? Do I have any rights over my family name relating to social media?
Thank you


Mar 19, 2018
1774
أثر الطلاق على إقامة الزوجة في الإمارات
6
س: لو سمحت، أنا مقيمة في الإمارات من الجنسية السورية على كفالة زوجي ولكنني أرغب بالطلاق.
هل تستمر إقامتي أو يمكنه أن يلغيها بمجرد طلاقي منه، مع العلم أنني أرغب بالاحتفاظ فيها؟

Jul 17, 2018
8309
Seeking divorce from husband for emotional abuse
4
Q: What are my rights in case of emotional abuse and being held in the UAE against my will and not allowing me to go back to my home country, so that I am unable to file for divorce (khula')?
How can I prove emotional abuse?
I have been asking for a divorce for almost a year and a half now, but my husband is not giving me because my parents are not supporting me, what should I do???

Aug 3, 2018
3636
Divorce by mutual consent after leaving the UAE
1
Q: Hi.
I am in India for the last 5 months and still hold a valid UAE visa. My wife is staying in Dubai and has applied for mutual divorce in Dubai Courts. We are married since 2008 and have no children.
Can my wife be granted a divorce in my absentia (ex parte) under the Hindu marriage act?
If so, how soon can this be done as we both need the divorce and I am unable to travel to Dubai?

Sep 20, 2018
2121
إجراءات الطلاق في الإمارات إذا كان الزواج في سوريا


4
س: السلام عليكم
أنا سوري الجنسية وزوجتي سورية. تم الزواج بعقد رسمي في محكمة في سورية.
كيف يمكن أن أطلقها وأنا في الإمارات؟ لا يمكن أن أسافر إلى سوريا.



Jul 9, 2019
1823
Enforcing divorce judgments from two countries in case of contradiction
1
Q: Hi.
My ex-wife and I (both Muslim Pakistani citizens) were married in Pakistan and moved to the USA for 2 years. We did not have any children together.
I then moved back to Pakistan and got a divorce under Pakistani Sharia law under which I paid her back mahr/dowry.
My wife stayed back in the USA and got a divorce under USA law and USA court awarded her spouse alimony and some assets that were under my name.
Now, would my wife be able to enforce any USA divorce claims against me in Dubai, even though I have fulfilled all of my obligations under Sharia (by paying back mahr/dowry)?

Jul 4, 2020
418
How to agree on the applicable law for divorce if the couple seek different laws


0
Q: Hi,
I had a question regarding starting divorce proceedings in Dubai. My wife and I are Australian citizens, Dubai residents.
We are originally from India, married in India as per Hindu customs. We have two kids (23 years & 14 years) both Australian passports also.
She wants to apply the UAE law for the divorce and I want to proceed as per Australian law. Can you advise how the court will rule and which country law should apply?



Jun 15, 2021
442
Spouse request of applying the law of home country in a divorce case

0
Q: Hi,
I had a question regarding starting divorce proceedings in Dubai. My wife and I are Australian citizens, Dubai residents.
We are originally from India, married in India as per Hindu customs. We have two kids- both Australian passports also.
She wants to apply the UAE law for the divorce and I want to proceed as per Australian law.
Can you advise how the court will rule and which country law should it apply?


Jun 13, 2021
354
Does the wife's divorce case get rejected in Dubai if the husband filed one in India?

3
Q: Can Dubai Court reject the wife's divorce petition if the husband has already filed a divorce in India?
Both are UAE residents married in India and Hindu by religion.


Jul 4, 2021
834
How to file a divorce in the UAE between two expatriates married outside?
1
Q: A marriage between Greek National and Indian origin was solemnized in India at Delhi marriage courts.
Living in Dubai since 2015 as she was based in Dubai and then in Nov of the year 2016, a child was born and she moved back to Greece.
Since then, she has disappeared and On 11 Oct 2018, she was granted ex-parte divorce in her home country in Cyprus on many grounds, and the document was shared by her.
As the marriage was solemnized and registered in Delhi under the Christian marriage act in India and this document was invalid to grant me a divorce.
Hence, in 2019, I filed a case in Delhi seeking divorce against the ex-parte decision received also contesting the grounds of divorce granted.
Since then, the lawyer in Delhi has sent three notices through registered post on WhatsApp asking the respondent to be present, however, no response was received.
I fought the case in the UAE and got a divorce on the above grounds.
Is it valid for submission to the Indian consulate in the UAE?
How long will the UAE courts take?

Jul 26, 2022
345
How to send all English documents I translated to Arabic to Dubai Courts system?



1
Q: Salam Aleykum.
About the receipts and invoices of money that my husband owes me, how should I present them in the case and upload them to the system in the Dubai Courts?
Should the screenshot of each original invoice in English be translated into Arabic and photo format?
Is it like this for each one or how should it be, please?
Should I upload everything after the first hearing when I explain my case and upload a memorandum explaining everything in detail or after the second?
Shukran.




Apr 4, 2024
92
How can seek divorce for harm if I cannot take the mental stress anymore?


0
Q: Hi
I try to stay happy in my marriage. I failed.
I have mental issues and I want a divorce.



Apr 5, 2024
88
Legal blog
7 available 7 • View allChoosing the Jurisdiction of Expatriate Divorces in the UAE 7
An interview-format article covering the topic of divorce for expatriates in the UAE and seeking to apply the laws of their countries. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 13, 2020
2913
The Legal & Psychological Effects of Mental Well-being on Marriage 0
An interview-format article covering the topic of the legal & psychological effects of COVID-19 on marriage. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 29, 2021
533
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
3088
Online 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
19182
نظرة على التعديلات الأخيرة على قانون الأحوال الشخصية الإماراتي 7
الأسرة هي عماد المجتمع، ويدور صلاحه مع صلاحها وجوداً وعدماً، فأن فسدت الاسرة فسد المجتمع؛ ولذلك اعتنت الشريعة الإسلامية بتنظيم العلاقات الاسرية أيما عناية. فالزوج والزوجة هما الأصول التي يتفرع منها الأبناء، فإن لم تستقِم العلاقة بينهما انعكس ذلك على بقية أفراد الاسرة من الأبناء وبالتالي فسد مجتمع الأسرة. وفي دولة الامارات العربية المتحدة يولي المشرع اهتماماً بشؤون الأسرة من خلال قانون الأحوال الشخصية الإماراتي وتقنينه من وقت لآخر بإجراء عدد من التعديلات عليه لكي يتماشى مع أوضاع الأسرة المختلفة.
Dec 5, 2021
4181
ماهية الإستشارة القانونية 0
إن الاستشارات القانونية هي أحد أهم أعمال المحاماة، وقد يعتقد البعض أنه ليس من الضروري تعيين محامي متخصص لأعمالهم أو شركاتهم إلا في حال التعرض لمشاكل قانونية، إلا أن حقيق الأمر تتطلب الحذر دائمًا، فبدلًا من أن تواجه ردود أفعال غير مرغوب فيها قد تكلفك الكثير من الوقت والجهد والمال، يمكنك الحصول على استشارة قانونية أياً كانت قيمتها فلا تقارن بقيمة الخسائر المادية والمشاكل القانونية التي قد تنتج عن التصرف بدونها، ولعل كثرة القضايا والمنازعات سببها عدم أخذ الرأي القانوني من أهل الخبرة.
Jul 18, 2023
270
Joint Custody in the UAE Civil Personal Status for Non-Muslims 1
Joint Custody in UAE Law Article 10 of the Federal Decree Law No. 41 of 2022 on Civil Personal Status for Non-Muslims shines a spotlight on the significance of Shared custody following divorce. This article recognizes joint and equal custody as a right for both the father and mother post-separation or divorce.
Sep 28, 2023
371
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
49063

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245 245 answers •
View allHow to lift a permanent ban imposed due to chest scars? 0
Dear sir/madam,
I am from Pakistan. My question is:
In 2013, the UAE imposed a permanent ban on me for health reasons because there were scars on my chest. I did my medical examination again in my home country and there was no issue now.
I want to lift my permanent ban. What is the process?
Jul 4, 2022
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Traveling to GCC countries after being deported from the UAE 0
Dear sir/madam,
I got deported from the UAE in 2020.
I want to know if I can go to other GCC countries for employment.
Jun 3, 2022
2945
How to know if I have a ban for resigning before finishing probation to return to the UAE 0
Hi Mr. Younis,
Hope you doing good.
I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support.
In my case, I am working with a private company called [----]. I have to leave the country and go back to my hometown due to an emergency on an immediate basis.
I have not finished my probation period and the contract is limited. I have completed 5 months with the company.
Will I get banned?
Please help.
Jun 1, 2022
343
إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا 0
السلام عليكم،
أنا متزوجة منذ ٦ سنوات في الإمارات ولدي طفل عمره ٤ سنوات. طلب مني والده أن يأخذه إلى المول كي يلعب وذهب به إلى سوريا.
أريد أن أحصل على حكم محكمة بضم المحضون وحكم نفقة، وأريد أن أتأكد هل فعلاً يوجد قانون أو اتفاقية بين البلدين بهذا الشأن؟
Jun 2, 2022
227
How to get a divorce and split a joint property after I caught my husband cheating on me? 0
My husband and I are Romanian. We got married in Seychelles and live in Dubai. We own an apartment we bought one year ago.
I caught my husband using prostitutes. I have proof of it as entry logs to my apartment when I was at work, many girls have visited.
I want a divorce. Can my husband claim the apartment as it's jointly in our name?
Can he get into trouble for using prostitutes in Dubai?
Jun 4, 2022
367

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View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
121
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
524
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
537
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
124
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
176

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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
191
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
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