Questions & Answers - Legal Advice Middle East

إمكانية تقسيط مبلغ مستحق للزوجة بعد الطلاق رغم رفضها

س: السلام عليكم، لدي مطالبة مالية بشيك مرتجع بقيمة ٥٠٠ ألف للزوجة، وأيضًا نفقة بعد الطلاق تُقدّر بـ ٤٠٠ ألف. كيف أقدِّم طلب تقسيط مبلغ المطالبتين حيث أنني لا أملك المبلغ بالكامل وأستطيع دفع مقدمًا بنسبة ٥٠% من مجموع المبلغ المطلوب؟ هل سيوافق القاضي أم اصطدم برفض طليقتي للتقسيط في محاولة منها لدخولي السجن؟ أم أن القاضي يرفض دخولي السجن ويوافق على التقسيط؟ وما أقصى سنوات للتقسيط؟ القضايا في محاكم دبي.

Is it legal for the real estate agent to keep the commission despite cancellation of the project?

Q: Hi, I bought a property off-plan last year. The developer went bankrupt and the project was recently cancelled by RERA. We were refunded the deposit we paid. The estate agent that we used to purchase the place took commission (brokerage fee) of 40 000 dhs. They are now refusing to refund us, even though the project is cancelled. We never received an SPA or the house. The contract between us and the agency states end date is until transfer, that never happened. Is this legal?

How long should the eviction notice for personal use be served before eviction?

Q: Hi, I have sent an eviction notice to my tenant (as I plan to use the property for my own - 2BR in free zone Dubai) 4 months ago via Emirates Post registered email service (and I have got a digital certificate time stamped of receipt ). Is this accepted by the Dubai courts? My tenant is refusing to provide a tentative day to move out within the 12 months period from when I have sent the email, and says that according to RERA he will vacate the property only after 12 months since he received an ‘official notice of eviction’. The current tenancy contract expires in 2 months and I do not know what should I do if we do not reach an agreement. 1. Can I deny to sign a new contract upon expiration or I am obliged to do so, and if yes, for what period? 2. Should I send it through Notary Public or registered mail (courier with acknowledgment of receipt) a new eviction notice? That would mean that I acknowledge the previous one was void.

هل يعتبر البريد المُسجَّل حسب المادة 25 كافِ للإنذار بالإخلاء؟

س: السلام عليكم، هل يعتبر البريد المُسجَّل حسب المادة 25 كافِ للإنذار بالإخلاء؟ وهل يكفي تسليم الرسالة إلى أي شخص في مكان عمل المستأجِر؛ مثلاً الاستقبال؟ أم أن المستأجر يجب أن يوقع بنفسه على الاستلام؟

What happens WPS system if my employer deposited less than my salary?

Q: Dear Madam, My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake. Is there any chance to rectify or deposit the 5000 dirhams again?

Is the employee obliged to pay any compensation to the company in case of resignation?

Q: I would like to ask regarding the UAE labor law if the employee has to pay any compensation to the company after resigning. Because my employer is asking me to pay this amount. Please, I need answers and help as soon as possible.

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I defaulted on my credit card and loan payment. How to check records before I come back?

Q: Hello, I had defaulted on my credit card and loan payment. It is now one year. I have got an opportunity in the UAE and I want to come back. What is the process I should follow? I am unable to settle all the debts immediately. Once I start working in UAE, I can afford to pay them. Please advise.

The policy for a service license with Investment in Commercial Enterprises activity

Q: If we have a Service License with the activity "Investment in Commercial Enterprises & Management", should we have AML/CFT policy and a compliance officer?

How can I settle the amount post-dated cheques with suppliers if I cannot pay due to losses?

Q: Hi, I had issued 3 PDC cheques worth AED 181,000 each and 4 PDC cheques worth 111,000 each to 2 different suppliers. I suffered some losses and hence was unable to pay. The company is in my wife`s name. I need some time to settle the debt but they don`t want to give me more time. How can I safeguard my company and family? Also is there any law where I can get time to restructure my company unit and then can get protection against all debt-related legal implications?

How can I reach a settlement for unpaid rent with the landlord to lift the travel ban?

Q: Greetings, I have a rental case opened against me due to failed rent payments and bounced cheques with the flat since August 2021 based on failed business. I had received a court order and a fixed amount to pay the amount in 5 installments. After that, I lost my job. And after contacting a typing center on my rental dispute case, I learned I have a travel ban and an arrest warrant. Even though I had the intention to pay, I had gone to the management with half the amount earlier before the enforcement case was opened and they refused negotiation. Until now, I haven`t been able to secure a job because I can`t get a cancellation from my previous company and I don`t have better means to pay the initial amount requested for the first installment. Please, what can I do to at least get my name off the system to find a new job? And how much out of AED 35,000 must I fulfill to lift the ban or arrest warrant while I settle the balance instrumentally? Thanks.

هل توجد إجازة مرضية مدفوعة الأجر خلال شهر الإنذار؟

س: السلام عليكم ورحمة الله، هل توجد إجازة مرضية مدفوعة الأجر خلال شهر الإنذار؟ علمت أن صاحب العمل هو مَن أنهى العمل.

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How to appeal the labor judgment if the court did not approve all my dues?

Q: My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts. The judgment came and I did not receive the full claim including salaries and 3 months` compensation. Please advise whether I can go for an appeal and what will be the time for execution. Need your valuable advice.

كيفية إثبات الزواج في الإمارات لمواطنة تزوجت في مصر

س: السلام عليكم، أنا مواطنة وتزوجت من مصري في مصر وتم إثبات الزواج في مصر بختم الخارجية الإماراتية وختم السفارة المصرية في مصر وختم الخارجية المصرية. لدي ٣ أطفال وتقدمت بإثبات الزواج في الشارقة وتم الرفض. كيف أثبت الزواج في الإمارات؟

Can a Will that was made in the UK be applied in Dubai?

Q: Can a Will that was made in the UK be applied in Dubai?

Confirming that the warehouse is vacated before the renewal date

Q: Dear questioner, We rented a warehouse in Al Quoz and vacated it at the end of June. Now the landlord is saying that we did not vacate and therefore the contract is renewed and is requesting payment. We have rejected his claims. The contract does not seem to be registered with RERA EJARI. Where do we stand?

Can the bank file a case for bounced cheque after six years?

Q: Hi! I have a bounced cheque in 2016 however, the bank has not filed a case against me. I am not sure why though, as I have checked with the police station and they said that my record is clear. Recently, I have been receiving calls from a debt collection agent and he is threatening me that a case will be filed immediately if I don’t agree to settle. My question is, can they still file the case even though it has been 6 years since my cheque has bounced? Hope someone can answer, please. Thank you.