Questions & Answers
Questions & Answers
9 available 9 • View allSettlement offer to the wife in a divorce case 
5
Q: Hi.
I just filed a divorce against my husband who is in the Philippines, and I will be receiving the judgement next week. The judge told me he offered me a settlement.
I wanted to ask, does it mean I won't be having my divorce granted?

Jan 7, 2018
3913
The applicable law to foreigners' divorce and splitting of assets in the UAE


3
Q: Hi, I wanted to understand the laws on asset split upon divorce.
I and my wife are residents of Dubai, citizens of Australia. Our assets are in Australia, Singapore, India and the UAE.
Which country laws would be applicable to us?



Mar 29, 2020
2412
How is an arbitrator appointed in a divorce case and how much it costs?

0
Q: Hi.
How much does a divorce arbitration cost in Dubai if the court asks to appoint an arbitrator?


Aug 9, 2021
276
The procedures for filing for divorce on mutual consent
6
Q: Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?

Sep 13, 2022
673
إثبات الحضانة للأب إن لم تطلب الأم إثباتها لها في الدعوى
1
س: السلام عليكم،
قضت المحكمة بالطلاق لانقضاء العدة في دعوى طلاق. المدعية في طلباتها الختامية لم تطلب إثبات الحضانة لها والمُدَّعَى عليه في طلباته الختامية طلب توجيه اليمين الحاسمة أنها تنازلت عن الحضانة بعد الطلاق.
المحكمة رفضت توجيه اليمين على أساس أن المدعية لم تطلب الحضانة في طلباتها الختامية ولم تنازع المُدَّعَى عليه بالحضانة واكتفت بذلك بالتسبيب ولم تُثبت الحضانة للأم أو للأب.
هل أستطيع عمل طلب إغفال أو إعادة نظر أو طلب في الاستئناف أن تثبت الحضانة لي؟
طلبت توجيه اليمين لها وهو أحد طرق الإثبات وهذا طلب ضمني بالحضانة. وحتى لو رفضت المحكمة توجيه اليمين، كان المفروض أن تستكمل بإثبات الحضانة للأب لأن الأم طلبت فقط إثبات الطلاق بدون أي ذكر للحضانة.
أنا والمدعية طلبنا الحضانة في المذكرات السابقة إلا أن المحكمة الابتدائية انصرفت فقط إلى المذكرات الختامية والتفت تمامًا عن الطلبات في المذكرات الشارحة والتعقيبية.
ما فرص نجاح هذه المحاولة؟ وكيف أقوي من حظوظي في إثبات الحضانة في الاستئناف؟

Sep 29, 2022
646
رفع دعوى مطالبة بالمهر لدى إلغاء الزواج

1
س: السلام عليكم،
دفعت مهرًا لوالد خطيبة ولدي ولكن حصل خلاف من طرف العروس وأهلها وألغوا الزواج. تطالب بالخلع وإرجاع نصف المبلغ.
هل يحق لي رفع دعوى مطالبة على وليها (والدها) لاسترجاع كامل المهر المدفوع له من قبلي بموجب شيك؟


Dec 13, 2022
229
القانون المعمول به في قضايا الانفصال لغير المسلمين


2
س: مرحبًا،
هل قضايا الانفصال لغير المسلمين تخضع لنفس المتطلبات المادية من نفقة ومتعة ومؤخر رغم عدم وجود مؤخر بعقد الزواج؟



Mar 28, 2023
161
What happens when trying to settle a marital dispute?

1
Q: Dear Sir/Madam,
I got divorced 2 years ago, and now my ex-wife has registered a "Marital Matters Non-Muslim" lawsuit against me. It is currently in the "friendly settlement" stage at the "Correction and Guidance Department" under the control of a "reformer family counselor."
Question 1: I have heard that there are two types of settlement attempts. The first attempt is made to settle, and if settlement is not reached, no further action is taken. The second attempt is made to settle, and if settlement is not reached, the litigants are given a paper authorizing them to start a lawsuit in the personal status court. Which of these types of settlement attempts does this current lawsuit fall under?
Question 2: Is it possible to claim lack of jurisdiction at this stage?
The matter that my ex-wife has raised is related to a loan that I gave her. Loans are not controlled by personal status law, even if the loan was between spouses.


Apr 25, 2023
207
How to contact the court to file a divorce after finishing the conciliation sessions? 

1
Q: Salam Aleykum,
Please, I request your help. I have a case in Dubai Court about a divorce request. I had all the Conciliation Sessions and I finished that on Feb 14.
The Conciliator asked me to request an appointment with the judge to explain to him my case. But supposedly the Court should send me an email with the document needed to request the appointment and I am still waiting for it until now.
So, where can I complain about it or ask where is the document?
I wrote many times in different emails in the Court but no one answered me. I am super worried because he told me in 2 months it will expire if I don’t request the appointment.
He won't answer my WhatsApp or the phone.


Feb 28, 2024
92
Legal blog
2 available 2 • View allContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 3, 2021
1131
Personal Status Law for Non-Muslim Foreigners in the Emirate of Abu Dhabi 8
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE and the Ruler of Abu Dhabi. This personal status decree will be applicable for non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, Will, inheritance, and custody of children.
Nov 9, 2021
2522
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
49055

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
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 bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
496
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
559
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
510
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1552

Other answers by
77 77 answers •
View allCan the tenant exit the lease contract early after losing access to gas? 0
There was a gas pipe explosion in our building and the whole floor is unhabitable.
So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended.
Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on.
They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase.
Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?
Oct 24, 2019
411
Is it possible to terminate an employee due to her bad attitude 0
Good morning,
We have given an employee a final warning due to attitude and creating fights with employees.
Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same.
She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent.
Is it valid that I serve her termination?
Thank you!
Oct 20, 2019
619
Filing a case for higher maintenance and possibility of travel ban 0
I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).
I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.
I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.
If she opens a court case, will that stop me from leaving? Has she got a case for more money?
Sep 12, 2019
1832
Removing a travel ban requested by the guardian of a child 0
My question is about my son who has a travel ban for the past four years.
I am a divorced woman and the travel ban is from his father. I want to move back to my home country as I don't have any emotional or physical support here.
My parents are old and would like to move back for good. I have tried discussing this matter with his father but unfortunately, the matter is still unresolved.
I am willing to let go of all financial support in order to go back. Please let me know if this can be resolved in any way.
Jul 30, 2019
5469
The impact of a company shareholder on closure decision by majority 0
Hi,
I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company.
Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.
Jun 27, 2019
730
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