Questions & Answers - Legal Advice Middle East

What can the wife do if the husband refuses to divorce and accept custody?

Q: Hi I have applied for divorce in India against my husband. For the past 12 yrs, I have suffered a lot mentally and I took this decision to get separated. I work in Sharjah and I can take care of my 10 yrs old son. My husband drinks, abuses me, doubts me and behaves very bad, even after I have warned him many times I will take a divorce. He used to tell me always to go out of his house. Now I have told him a case has been registered and he will get a notice from India. Suddenly his behaviour is changed and he is saying he will not divorce and he won`t give my son to me. India lawyer told me that as he is a minor he has to be with me only. I am planning to live separately. Kindly advise me, can I go to a local police station and get a notice to leave my son to live with me peacefully? Even my son has suffered a lot. Kindly advise me.

How to check if there is a travel ban after finding out there are cases

Q: Hi, I just want to confirm regarding a travel ban. I have checked in a Dubai police station and found that 2 cases have been filed of a total amount of AED 25000 in Abu Dhabi which leads to a travel ban. Please advise, what is the procedure to lift the ban? If I pay the fine at court will it be enough to lift the ban?

Setting an agreement for an off-plan real estate without binding dates

Q: Is it legal for a Dubai developer to sell an off-plan real estate without setting binding completion and handover dates, having sole discretion over setting those dates?

How to check if the bank filed a case against me before leaving the UAE?

Q: I lost my job and since then, I haven`t been successful to get hired in the UAE. Fortunately, I got a job back home, starting date at beginning of May. I have a bank loan with a bank that I couldn`t close in full before leaving the UAE. My end of service would be used as a partial payment of the loan but the remaining balance will be over 200K. I aim to reach a new agreement with the bank, having a lower monthly instalment and longer loan period, being paid from my home country. I need an advice how to proceed on this matter in order to be able to leave the UAE at the end of April without being stopped at the border and reach an agreement with the bank from outside the UAE to pay the loan from my home country. The answer time from the bank is very slow. Thank you

Can the landlord sell the rented property without notifying the tenant?

Q: Dear lawyers, I am currently locked in a dispute with my landlord about vacating his property. I would like to get some advice regarding the issue. After my landlord tried to raise the rent on my villa past the RERA Index price, my wife and I decided to give the notice to leave. We then reverted back to the landlord to offer a new proposal in which he agreed via telephone to consider the new price and let us know, he never got back to us. A few days ago we have found out he is selling the unit/or has sold it before the end of our tenancy. Can you please let me know legally where I stand with this issue? Kind Regards,

What can I do if my lawyer charges me more than the fees agreed on?

Q: My lawyer in Abu Dhabi won much less than my settlement. My agreement with him was to get 10k if he wins the case; my settlement was 117k. He won 97k only and couldn`t rectify an error in my judgment through appeal. I was a manager and the court confused my contract with another worker from the same company since we were a large group. I won 14k in compensation for leave and unlawful deduction. My cheque was ready 5 weeks ago, and knowing that I have a friend with POA since I am outside the UAE now, he ignored my calls and my messages. And today, I was told that they had the money transferred to their account and that I will only get 4k since they will hold my 10k, is that legal?

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Issuing a police clearance certificate without the Emirates ID number

Q: I was trying to apply to get my PCC from the UAE online through the MOI app and also through the website since I live overseas, but I could not complete the application process because there is a step that asks to enter my Emirates ID number which I don’t remember. I think the Emirate ID is a MUST to continue and complete the PCC application. I already have my fingerprints attested at the UAE Embassy. Now I don’t know where to go. How can you get my PCC with just my passport? Should I mail it to the UAE or have the embassy mail it for me?

How to liquidate a free zone company after the death of one partner

Q: I am a company owner In Shams free zone of 50 per cent share and have a partner visa. My partner was a Russian who went to Russia and died. When I went to the free zone to cancel my visa and close the company, they have asked me to get his attested death certificate and NOC from his heirs. The problem I am facing is his family doesn’t want to give the death certificate nor they want to give NOC. Now my resident visa validity is over and I am on fine every day. Neither the free zone is cooperating nor the partner`s family. What is the other way I can cancel my visa and close the company? Can someone guide me, please?

How the objection of a client be dealt with after being notified for termination by DLD?

Q: I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement. The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment. On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me. In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021. 30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement? In this case, will the time I have to make the payment be extended by any period?

Opening a trustee with wife and signing a postnuptial agreement

Q: I would like to open a trustee with my wife and sign a postnuptial agreement.

Closing a business while the local service agent is not reachable

Q: Hi, We have a professional services license (2 partners) + 1 local service agent registered with DED, Dubai. The partners wish to close the business because of unavoidable circumstances. We wish to proceed with all the necessary paperwork for cancellation. Unfortunately, the local service agent is not available. We have been trying to connect to him multiple times but have not been able to reach him. The due date for the renewal of the company is coming up and we want to proceed with all the paperwork for cancellation prior to that. Kindly advise us about the options if the local service agent is unavailable.

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Difference between performance order and oral petition in bounced cheque

Q: In the context of a bounced cheque, what is the difference between a ‘performance order’ and ‘oral petition’? Are there any differences in the process, costs, time and enforcement of judgement? If they are different, what are the pros and cons of each?

What to do if the employee did not leave the country after cancellation?

Q: An employee signs no due undertaking letter and the company cancels her visa because of not coming to the office more than 10 days. After cancelling her visa, the employee stays inside the country with an overstay fine. What steps can the company take against that candidate?

How long does a labour judgment execution take before sorting payment?

Q: How long will the Dubai labour court take time after the execution file to solve the matter if the claim value is AED 240000? (It has been 6 months already).

The expected penalty for defaulting on a bank loan and credit cards

Q: Hello, I have a few queries please assist. I left Abu Dhabi last year by cancelling my visa properly. I have an unpaid personal loan and credit card loan with different banks, all together I have a debt of AED 75000. The bank has already filed a case against me as per the email. Now, I want to know whether the bank has filed a criminal case or civil case against me because the borrowed money is less than AED 200000. Also, I need to know whether is it possible to get no criminal record check or police clearance certificate without paying the debt. If it’s 100% possible then please advise what will be your charge to get the no criminal record or police clearance certificate and how long will you take to get the certificate.

Possibility of lifting a judicial deportation order after being caught drinking

Q: Sir, My sister was caught in a bar drinking alcohol in 2019 and she was deported. Now I want her to come back to the UAE. Will she be allowed to come back or no? I will be glad if I get feedback from you.