Questions & Answers - Legal Advice Middle East

هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر؟

س: هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر أم يفصل فيها بعد انتهاء العدة؟ الخلفية: الزوجة رفعت قضية طلاق للضرر (محكمة الشارقة الشرعية) وخسرتها ثم استأنفت وخسرتها أيضًا ولم يثبت الضرر. الآن رفعت قضية جديدة وتم تعيين حكمين من المحكمة ويُتوقَّع طلاق المدعية.

Where does the UAE law stand if a Muslim resident wants to change religion?

Q: Hello. I`m having some personal issues with my family. I`m being harassed over my own beliefs. They`re Muslims but I don`t exactly believe in what they believe. I`m officially a Muslim as that`s what was assigned to me at birth. Is it legal for me to convert to a different religion? Can I somehow legally make my family stop what they`re doing? Thanks.

How can I return to the UAE after getting deported for illegal sale of alcohol?

Q: Good day Sir. I want to know if it`s possible for a person who was deported due to the illegal selling of alcohol to come back to the UAE. The person was put in jail for 1 month and after that they deported him, they did an eye scan. They just involved him by the real seller of the alcohol. Hoping for your reply Sir. Thank You

How to make sure all cases/files are dropped and closed?

Q: I had a case for a returned check of 3960 AED. Both I and the claimant are currently outside the UAE. I am in the UK and the other party is in Sweden. I contacted the person through a 3rd party and arranged to repay via Western Union. It was completed. The person assured me once received that the case would be dropped but since then, I have not heard anything. I need to come back to the UAE soon and am worried about this case. I have all the evidence of sending the owed amount to the person but as I`m outside the UAE. I need to know what I can do to make sure all cases/files are dropped and closed. Can you help?

How can the owners of a company revoke actions made by previous owners?

Q: Dear Sir/Ma`am, The previous owners of a company in the UAE granted a POA (on behalf of the UAE Company) to a foreign partner in KSA to open a company in KSA. Now the owners of the UAE company have been changed. Do all previous owners have to sign if the company wishes to revoke the POA or the current owners can sign for revoking the existing POA issued on behalf of the company? Please advise.

The right to terminate SPA and claim refund & compensation for delay in handover

Q: Hello, I bought an apartment in Dubai and made payment installments based on progress. In total, I paid 50% of the price. Per the SPA, the anticipated completion date is 31/12/2019 and till now the project is not complete and it will take at least another 12 months. The developer has a grace period of 12 months which has already expired. The force majeure clause is very short and doesn’t indicate any specific cases of FM situations. I would like to terminate the contract and recover the 50% down payment plus compensation for damages caused by the delay. Please provide input on the merit of my case and let me know how I should proceed. Thank you MZ

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How to recover an amount of money lent to someone?

Q: Hi sir, Can you help me with a legal notice request as someone borrowed money from me and still hasn’t returned it yet? Can you let me know what information do you need as well as the fee for the notice? Thank you!

The new landlord asks for repairing damages which are not caused by the tenant

Q: I am having an issue with my landlord regarding my security deposit. I was renting a flat in Dubai and the owner sold the flat to a new landlord. I stayed in the flat and entered into a new contract with the new landlord. Before the new landlord purchased the flat, there was a burst in the pipe of the building. It was not caused by me but by the building that caused damages to the flooring of the flat. When the new owner came to buy the flat, all the damages were already existing and he saw them. He simply bought the flat and I entered into a new contract with him. I left the apartment on August 1 and simply handed the keys to the security. He was not present. Two weeks later (August 15), he calls me requesting me to fix the damages in the apartment. Can you please help with some insight into my position? Thank you!

هل يحق للوكيل تعيين محامي لموكله بالتوكيل؟

س: لدي توكيل من زوجتي من الكاتب العدل بدبي. هل يحق لي تعيين محامي لها في قضايا مالية داخل دولة الإمارات؟

How to check if there is an absconding case and remove it?

Q: Good Morning, Sir! May I ask if you can check if I have an absconding case? If I have, what are the steps/options to remove the absconding case? Thanks and have a great day!

How to avoid getting arrested at the airport due to an unresolved rent case?

Q: Will I be stopped at the airport? There was a verdict against me due to a rent dispute about a year ago. I was ordered to vacate and pay a certain amount. I did vacate but never paid the ordered amount. I am wondering if I will be stopped at the airport while trying to exit Dubai for a few days.

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The local sponsor is not allowing the expat partner to exit. What to do?

Q: I have run a limited liability company in Dubai mainland with a 51 (Local) / 49 (Expat) ownership structure for the last 26 years. Due to some issues, I wish to exit the company and handover it to the local partner but he is not letting me exit the company. What are my options? Thanks!

Defaulting on paying for a property after purchasing it

Q: Dear Ma`am, I have received a letter from my property developer about defaulting on payment and requesting to pay within 30 days or they "reserve the right to commence legal proceedings to cancel the unit registration from your name from Dubai land departments records". I am currently arranging the funds to settle this outstanding amount, however, I would like any information regarding the procedure should I fail to pay in exact time and if you think there is any chance to delay by a week or two. Also if proceedings were to start, what is the expected process? Thanks in advance for any support! Regards,

The right to resign without notice and cancel visa for holding or reducing salaries

Q: My office is in Tecom Free Zone. I resigned one month back and now completed the notice period but they didn’t cancel my visa. My new employer is asking for cancellation papers to get me onboard. The current company is not issuing them, I have faced the below salary reductions in my current organization: 1. Salary deduction of 75% for the month of February 2. Salary deduction of 75% for the month of March 3. Salary deduction of 50% for the month of April 4. Salary deduction of 50% for the month of June. I am being asked to serve a 3 months’ notice period stating that this is my contractual obligation. I have requested many a time, it is not possible for me to serve a 3 months’ notice period and I am willing to serve 1 month, not to harm the operations of the organization. Please advise

رفع دعوى طلاق بسبب سوء معاملة الزوج مع ضمان الحقوق

س: السلام عليكم، أنا امرأة متزوجة منذ عشر سنوات وأعاني الكثير من المشاكل الزوجية من الضرب والإهانة والسب والشتم من قبل الزوج وأهله ولدي طفلان. لم أعد أستطيع التحمل حيث أن أهل الزوج لديهم إقامة ويقيمون لدي أم وأب وأخت وهم سيئون جدًا وأطفالي يتعرضون للضرب منهم والضغط النفسي حيث أنني أيضًا لم أعد أستطيع التحمل وأشعر بالتعب بالقلب والجسد. مع العلم أني أطلب منه الطلاق ولا يقبل ويمتنع عن إعطائي مصروفي وحقوقي كاملة، وأصبح الآن يضغط علي بترك العمل وأخذ مني سيارتي. ما القضية الواجب رفعها في المحكمة؟ هل يجوز الخلع دون خسارة حقوقي؟

How to confirm that a settlement is reflected on the police system?

Q: Dear Madam, I have a cheque bounce case against my credit card from Mashreq. The settlement had been done 2months back. When I went for my visa renewal stamping, they said that you need to go to Al Rahba Major Prosecution. Can I get advice as I am worried about the same? I need to know the process for the same. Hope to have a reply from you! Thanks & Regards,