Questions & Answers - Legal Advice Middle East

Can the wife ask the husband to pay her alimony and her daughter's after Kuhla?

Q: I did khula to escape an abusive husband. However, He owes me 4 months back alimony for me and my child, before the khula agreement. This is subject to an enforcement case. He refuses to pay saying that khula means I gave up all my rights, which means also the dues from the past. Is that correct?

Returning to the UAE while a real estate case is registered

Q: Dear sir/madam, A real estate case was registered in my wife`s name in Sharjah. I got an SMS from Sharjah municipality saying that if we do not pay the pending rent within 15 days, they would proceed with legal action against my wife. I want to check with you; does she have a travel ban? She is in India now, and she is going to travel to the UAE. How to check the travel ban? If she enters Dubai airport, if she has a ban, what they will do?

Procedures of forcing the payment of the full credit card dues after paying the fine

Q: Dear Sir, I have a credit card cheque bounce case of AED 18,000. I`ve already paid the fine of AED 2020 at the police station but the bank is still calling me for the payment of AED 18,000. They told me they`re filing a civil case against me. Please tell me about the further procedure if they file a civil case, and if there is any travel ban or any other fine on me.

How can I force the payment of a bounced cheque amount as per the new law?

Q: Hi, I know the cheque bounce has been decriminalized. but someone gave me a cheque of 250k knowing that it will bounce because the bank account is closed. What are the legal consequences for this, because it does not appear fair if there are no consequences, especially if the person has no funds. I don`t know if it is worth making a case with all the costs and no consequences. I appreciate any advice. Thanks. J.

Can I still travel out of the country if I have an outstanding loan?

Q: Hi I have an outstanding loan in the UAE which I have not been able to pay. Can I still travel out of the country without being stopped at the airport?

Can the company force me to leave the UAE after terminating me?

Q: If a company I am working for cancels me without any reason, is it supposed to force me to leave the UAE? Or do I have a right to stay and find another job since I have a clean record? Guide me on that. Thank you

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Can I renew my visa if I have an ongoing bounced cheque case?

Q: My visa will expire in 2 weeks and I recently discovered that there is currently a criminal case filed against me for bounced cheque. Will I be able to renew my visa while this case is still ongoing? Thanks

Cutting the salary upon reporting the employer to labor. What to do?

Q: Dear sir/madam, After reporting my employer to labor, he started getting angry with me; making unnecessary reports against me and cutting my salary. What can I do?

Can the landlord evict me if I don't accept rent increase against RERA Index?

Q: I currently live in a 3-BDR apartment with a renewable 1-yr lease term ending 24.9.22. The apartment is the penthouse of a hotel building, but it`s an Ejari apartment and not a serviced hotel apartment, although owned by the same company. The annual rent is AED 165k. The landlord company has asked for an increase of AED 20k to AED 185k starting with the new lease term of 25.9.22. As this is below the average rent (AED 146k-179k) of similar 3-BDR apartments in Dubai Marina, the RERA rental index calculator stipulates no increase. The owner thinks that this is not a normal 3-BDR apartment but a penthouse and as such the RERA index for a 3-BDR apartment is not applicable. I would like to renew the lease but under the same conditions as today. How should I proceed? Can the owner simply deny the renewal under the existing conditions and ask me to vacate the apartment? Thank You Y.

How to sue a company who failed to do attestation of my documents after 8 months?

Q: I submitted my education document to a company in Dubai for attestation. After 8 months of cat and mouse chase, I finally received the document back. But to my shock, it was without attestation. They have returned the money I have paid them. But during these 8 months, they caused me lots of mental pressure due to the delay, I had to pay to renew my visit visa twice due to their delay. I was going to let all go if the document was attested but they have returned me without any attestation. I want to sue them for compensation. Will it cost me more if I file a case or complain about them? I want to go ahead with the complaint only if it doesn’t cost me more money. Thank you in advance. Regards

How can a new landlord evict a tenant who is unresponsive?

Q: Dear sir/madam, My new tenant is pretending not to have received an eviction notice sent from the notary. The notice was stuck to the tenants by Aramex and recorded as such. The RDC says that this is sufficient and won`t be an issue. This notice was sent by the previous owner on March 22 with the reason of selling the property. The tenant`s 2nd-year contract runs Nov 21 - Nov 22. I contacted the tenant immediately after the transfer to arrange cheques in my name. So far he has ignored all communication. Would this be a breach of the tenancy contract? Would I have to send a new 12-month notice being the new landlord? And regarding the current contract ending in November, what is the correct way to have a contract from November 2022 until March 2023, which is the original eviction date set by the previous owner? Just to add I will be using the property for my own personal use and not to rent out. This is for a Dubai property. Thank you!

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How to get a divorce and split a joint property after I caught my husband cheating on me?

Q: 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?

Traveling to GCC countries after being deported from the UAE

Q: 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.

Can the employer deduct one month notice from EOSB if he resigned and served it?

Q: I was working in a private company in Abu Dhabi for more than 5 years under an unlimited contract. I served one month notice period as per the contract and the same is approved by management. Now, after the cancellation of my visa, the employer wants to deduct 1 month`s salary from my end of service stating I did not serve 2 month notice period as per the new labor law. I signed my EOS calculations without any deductions. Can the employer deduct my 1 month`s salary?

إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا

س: 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؟

مستحقات العامل بعد تقديم استقالته رغم وجود رواتب متأخرة

س: السلام عليكم، أعمل في شركة وقد نُقلت الملكية لشخص آخر وهناك رواتب متأخرة من عام ٢٠٢٠ و٢٠٢١ و٢٠٢٢. المجموع ١١ راتبًا. قدمت استقالتي اليوم. ما مستحقاتي في الشركة؟ وهل يوجد تعويض عن تأخير الرواتب؟ وهل أطالب المالك القديم أم المالك الجديد؟ كنت أعمل في الشركة في مجال التسويق واتفقنا على عمولة، ولكن الشركة لم تذكر العمولة في عقد العمل. هل يحق المطالبة بالعمولة عن فترة عمل قدرها ٩ سنوات؟ مع العلم أنه تم دفع أجزاء من العمولات في فترات مختلفة وغير منتظمة. هل يمكن تعيين محامي من خلالكم؟ ولكم جزيل الشكر!