Questions & Answers
Questions & Answers
6 available 6 • View allCustody, guardianship and division of assets in a divorce


2
Q: I want to divorce my husband; my concerns are as below;
If the divorce proceeding is under Sharia Law, what are my chances when it comes to;
1. Child Custody & guardianship - I believe I will get the custody until age 11. My question is if the husband is unemployed for 6 months now, can he still be considered as guardian since he can't provide for the family?
And if I can show that he has never been a provider for the family (basically, I pay ALL the bills since we got married) & I have a proof that he had an affair a year ago, can I get the guardianship as well & full custody?
Can the child get an opportunity to choose where he wants to live with when he reaches puberty?
2. DIVISION OF ASSETS - Since I got a land inheritance from my parents, is he entitled to get 1/2 of the property?
Obviously, he has no house/properties in his home country as well as savings and I am worried he will get everything. I own 50/50 in which he didn't sweat a dime on it.
Awaiting your advice.



May 23, 2019
644
Giving 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
1644
Can the son decide on whom to stay with if the father claims custody?



1
Q: Hello,
I have a question.
My brother turned fourteen and he is with my mother and he does not need anything and he is getting 100% in his school.
So now my father wants him back, will he get asked with whom he wanna stay or he will be forced to transfer to my father's house?




Oct 27, 2022
310
Can the father claim the custody of my son when he turns 11 years?



0
Q: Hi,
I received custody of my son, he has already turned 11.
So far, his father has not claimed custody. Can he claim custody or does he lose it after a certain period of time?
If I remarry, will I lose the child maintenance and accommodation provided for my son?




Sep 16, 2024
69
What’s the difference between proof of custody and claiming child custody?




1
Q: Dear Lawyers,
What’s the difference between proof of custody and claiming child custody?
Should I request the Dubai court to provide an NOC to judicially establish proof of custody?





Oct 22, 2024
64
Can I seek child custody in Dubai after a mutual divorce in Egypt?




1
Q: Hi,
I am an Egyptian working in Dubai. I have a 2-year-old son. During my family vacation to Egypt, due to unavoidable circumstances, I divorced my wife in Egypt by mutual consent.
Now my concern is about my child. I will return to Dubai, and my ex-wife will also come to Dubai with my son, as her parents are settled here. I want custody of my child.
Can I file a court case for child custody in Dubai, even though my marriage and divorce happened in Egypt?
What outcomes can I expect from the Dubai court?





+1
Dec 27, 2024
52
Legal blog
1 available 1 • View allCustody & 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
3079
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

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Hello,
How much time do I have to start paying after the verdict in the appeal court?
And what's the probability of freezing my account or traffic file if I’m paying?
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Can I put a financial guarantee to remove a travel ban in a rental case at RDC? 0
I used to work as a manager in a company, and my name was removed by the Dubai court of execution.
Now, on the paid rent, I got a travel ban, which I objected to at RDC.
The RDC accepted and gave the next hearing date, as I will have all the court papers.
Is there any way to remove the travel ban, as the objections I made at the execution hearing are next month, almost one month?
Is there any way you can put the amount as a deposit, and once the objection case is over, you can take it back?
Apr 9, 2025
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How can you reach a settlement to avoid legal action by the bank if you lose job and can not repay your loan? 0
My brother lost his job in the UAE 8 months ago and has a debt of AED 170,000 to a bank.
He is finding it extremely difficult to make monthly loan payments to the bank, as he has been unable to find a job even after 8 months.
What options does he have to reduce/settle his bank debt without having restrictions on him, like a travel ban, etc?
Please help him find the best possible solution considering his current financial situation.
Apr 9, 2025
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My husband and I are Canadian Muslims and he passed away in the UAE. How to open an inheritance case? 0
Hi there,
My husband and I are Muslims. My husband passed away recently.
We have a Canadian will, but I understand that it won’t be honored as I am named the sole beneficiary, and that does not align with Sharia laws in the UAE. He was not a UAE resident but had a small apartment with no Will in the UAE.
We have 3 children. I am planning to go to Dubai to start an inheritance case. I don’t know the exact order of events and what needs to be done first.
1) Do I initiate anything from overseas before making travel plans to Dubai, or do I start once I arrive in Dubai?
Mind you, we cannot afford to stay in Dubai for too long, as the kids have school.
2) Do I need a lawyer, or can this be done by myself?
3) I understand all foreign documents need to be authenticated before presenting them to the court. But I don’t know at what stage I would need these documents authenticated.
I would appreciate it if you could provide a breakdown of the steps, the forms that are needed, and where I can find them.
Thank you
Mar 27, 2025
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Can the employer ask me for visa expenses if I resign after completing the probation period? 0
I am working in a Dubai private company and I have completed six months of the probation period. Now, I have decided to resign due to a physical problem.
My MOHRE contract mentions one month's notice, and I am willing to serve the notice period, but the employer asks for visa expenses.
My passport was also retained by the employer. How can I cancel my visa by chance?
I filed a complaint at the labour court. How many days does it take to get a verdict?
Apr 7, 2025
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View allHow can I be exempted from paying the 5% court fee, and where should I go to apply? 0
Hello,
How can I be exempted from paying the 5% court fee, and where should I go to apply?
Mar 18, 2025
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Can we claim and sell a liquidated customer’s goods to recover debts through Dubai Courts? 0
Hello,
Our customer has gone into liquidation, and we are shipping goods to Saudi Arabia. We have stopped the shipment and requested payment of their outstanding balance.
How can we request to take ownership of their goods to sell in order to recover our outstanding invoices? Is this possible in Dubai Courts?
Feb 6, 2025
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I purchased an apartment, but the previous landlord refuses to vacate. What to do? 0
Hello,
I bought an apartment, but the previous landlord is refusing to vacate it. The contract clearly states that the landlord should hand over the apartment on the day of the transfer.
Out of courtesy, I gave him three days to vacate so he could find a new place to stay, but the time has passed, and he is still refusing to vacate and hand it over.
What should I do in this case?
Feb 4, 2025
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What happens if a person does not show up at the first instance of a divorce hearing? 0
Hello,
What happens if a person does not show up at the first instance of a divorce hearing?
Feb 1, 2025
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My hair was damaged by a very known and professional salon. Can I seek refund and compensation? 0
Hello.
I went to a very well-known and professional salon (or so I thought) for a normal hair dye. The guy who did my hair left the dye on my hair for over an hour when it was supposed to be on for a maximum of 30 minutes.
He wasn’t paying attention to me walking around the store talking to everyone and also doing another customer's extensions.
Now my hair is potentially damaged, my skull burns, and is flaky (meaning the dye wasn’t ammonia-free which is extremely unprofessional for such an expensive salon).
I didn’t even get the outcome that I wanted and the dye color doesn’t even show. I talked to him about it but he shut it down so fast and gaslit me the whole time and made me feel like I was the wrong one and I was ‘complaining about something so light’.
Please let me know what I can do legally about this.
Thank you.
Jan 31, 2025
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View allHow to file an online defamation case from the Philippines against someone in Dubai? 0
Hello,
I'm currently looking for legal advice regarding an online defamation case. I am a Filipino citizen currently residing in the Philippines. The person I want to file a complaint against is also a Filipino citizen and is currently based in Dubai.
I have already sought legal consultation, but it cost me a lot for just a simple session. Unfortunately, I don’t think I can afford to proceed with the fees required for sending a warning or demand letter to the person I’m complaining about.
I would really appreciate any help, guidance, or information about possible free or low-cost legal services.
Thank you for your time!
Apr 11, 2025
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What does Cabinet Resolution No. 1 of 2022 mean with exempting supervisory roles from the provisions of the Labour Law? 0
Dear colleagues,
According to Article 15 of Cabinet Resolution No. 1 of 2022 (“Executive Regulations”), employees occupying supervisory roles are exempt from the provisions of the Labour Law and the Executive Regulations in relation to maximum working hours only if they possess powers equivalent to those of the employer.
Could you please clarify what is meant by "if they possess powers equivalent to those of the employer"?
Currently, we have heads of departments who report to the directors. Will they be eligible for overtime?
Also, those who have a POA to sign contracts will they be eligible?
Or, those who temporarily replace the CEO while he is out, will they be eligible?
Apr 10, 2025
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Can I request delaying my visa cancellation due to medical unfitness until I retake my medical test? 0
I got a work permit and moved to the UAE. I had a work permit for 2 months, which was supposed to be changed to residency. But I got medically unfit, and the company off-boarded me the same day.
They gave me a grace period of 15 days before cancelling the visa. In these 15 days, I have managed to get my test redone and am in the process now.
Can I ask my agency to let me stay till I get my reports updated, and not to cancel the visa as it's already in the legal limits?
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I have unpaid bank loan and credit cards in Dubai and got a job offer from Kuwait. Can I go there? 0
I have a bank loan in Dubai of AED 20000 and two credit cards from different banks (5000+5000), and the total is AED 30000.
The liability is in Dubai. I left Dubai 10 years ago. Now I have a job offer from Kuwait.
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Apr 10, 2025
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نزاع بين شركاء مفوضين بالتوقيع على المعاملات البنكية للشركة بشأن شيك وتحويل أموال 0
زوج وزوجة، الزوجة مالكة لشركة بنسبة 50% ولديها شريك أجنبي يملك بنسبة 50%. الشريك مخول بالتوقيع في كافة المعاملات البنكية للشركة والزوجة كذلك لها ذات الصلاحية.
بعدها، غاب الشريك الأجنبي عن الشركة وسافر. ومازالت الشركة نشطة والعمال لايستلمون رواتبهم والشريك قام بتحويل جميع أموال الشركة إلى حسابه الخاص دون علم الشريك الآخر.
ثم تحصلت الزوجة الشريكة على شيك، فقام الشريك الأجنبي بفتح بلاغ خيانة أمانة واستلم زوجها الشيك.
فما هو الحل القانوني من ناحية جزائية وتجارية؟
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View allI received a judgment in my favor from RDC that awarded me legal fees. Does this include lawyer fees? 0
I have received a judgment in my favor from RDC that awarded me legal fees.
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Is this correct?
Feb 14, 2025
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The public prosecution appealed a judgment to increase the fine I already paid. What do I do now? 0
Good afternoon,
Thank you for your time.
The public prosecution appealed my judgment (a fine that I satisfactorily cleared) and requested increasing the fine.
Can you please explain what happens during a criminal case appeal hearing for me as a defendant?
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Feb 7, 2025
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Can we give a salary certificate to a new hired employee before he starts to open a bank account? 0
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I received a termination letter from my company for restructuring. Is this considered arbitrary dismissal? 0
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Do I need to hire a lawyer if I found I have a marital case against me in the court? 0
By checking in Al Adheed, I have found there is a marital matter case against me in Dubai Courts. There is a hearing date for next week and the time mentioned in the case status with a link for an online hearing.
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Should I hire a lawyer or I can attend the hearing by myself?
Please do suggest options.
Feb 3, 2025
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Can a Muslim man marry a Muslim woman in the UAE law?
Dec 27, 2022
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How to know the reason for rejecting the police clearance certificate? 0
In case of police clearance certificate rejection, do the police give a reason for rejection?
Apr 24, 2023
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Can I cancel my house sale contract without extra fees after personal plans changed? 0
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
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The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
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Can the landlord evict me from apartment for personal use if he lives in his own property? 0
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How to know if an offer letter I received from a company in the UAE is legit? 0
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View allI left Dubai on an outpass. Do I have a travel ban? 0
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UAE woman seeks escape from mental torture at home, can she take her brother? 0
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A company failed to deliver the promised freelance visa. How can I get a refund? 0
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Is the absconding ban a lifetime ban or a temporary ban? 0
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