Questions & Answers - Legal Advice Middle East

Will the father stay obliged to pay maintenance if the ex-wife and child leave the UAE?

Q: We are divorced in the UAE and I am the guardian of our child. I need to pay alimony for my child every month. My ex-wife is now migrating to Canada with our child. Do I need to pay alimony as per the court judgment? I will no longer be able to conduct my duties as a guardian after they move out of the UAE including my visitation rights.

How to deal with late payment penalties of purchased property installments?

Q: Dear Sirs, Ramadan Mubarak to you. I am writing to inquire about the following. I bought an apartment in Dubai in 2016. The handover was to be in 2020 but the project is still not completed. I paid the first 5 installments but then I had a financial problem so I could not pay in 2018 and 2019 installments totaling AED 140,000. Finally, I just paid it and now got up to date, however, they have now sent me a bill for AED 700,000 late payment fees. The property itself is valued at 1.2M. What can be done about this? I am getting ill from the stress. Thank you

All money is cashed by son who has a POA. What to do?

Q: I left the UAE in December 2016. I have given a power attorney to my son. He was supposed to transfer my funds to me when I open a bank account in my new location. I moved to Canada. When I got my permanent residence and social number, I requested him to just send all money at once. At that time, NBAD became FAB and I have no access anymore. Unfortunately, my POA representative lied to me saying that it is difficult to deal with the bank as there are a lot of restrictions and all the money is safe and untouched. At the same time, he cashed out all the funds from the account. What legal action I can do now in this case? Thank you!

How to confirm that the settlement amount is paid to the bank by a lawyer?

Q: I have lost my job in the UAE. I am an Omani national and I am in Oman now. I have a bank loan and I asked a lawyer to reach a settlement with the bank. The total loan outstanding is 600000dhs. He told me that they agreed to a 200k settlement along with the legal fees. Now, I will give him that money. He will pay the bank lawyers directly and close the case. How can I be sure that they are not going to run away with this money?

Terminating an SPA due to a delay in a project for 24 months

Q: Seeking legal advice to terminate SPA due to a delay in the project for 24 months. I have purchased 2 apartments from a developer. Details of the project as per the signed SPAs: - 30% paid on time, 70% to be paid on handover. - Expected handover: 1-Apr-2019, Longstop: 1-Apr-2020. The Developer sent an email on 17-Mar-2020 saying that the new completion date will be September 2020 & October 2020 respectively for both apartments due to Covid-19. I met the developer on 2-Nov-2020 informing them that both apartments have not been delivered in September 2020 / October 2020 and asked for refunds. They flatly refused to refund saying that it is not possible and Dubai Court will favor their case due to COVID-19 if I decided to approach Dubai Court. On March 31, 2021, they sent the handover notice for 1 apartment. Question: Do I have a winning case if I filed to court to return the paid amount? I can provide the signed SPA if you need to review the terms and conditions of the signed SPA.

How to deal with a violent husband?

Q: My husband and I are from India. Recently, we moved to Dubai as my husband got a job here. He has a work permit. He was regularly beating me in India and now in Dubai too. He beats me during pregnancy as well. Now he has become maniacal and very violent. Please advise what can I do?

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What is expected to happen after winning a commercial case for debt recovery?

Q: I have filed a commercial case for debt recovery against the defendant company in Dubai. I have won the case in my favor. The defendant company`s eventual owner and the managing director are Indian ex-pats based in Dubai since more than 30 years. He is currently in Dubai and I strongly know and believe that he cannot run or leave Dubai in the immediate to long term so he will have to face the execution filed against him. What is expected to happen (what will be each stage) after we file for execution and the expected timeline I will expect in due course before I can finally recover our funds Please anyone can guide me in detail and in full explanations. Thank you!

How to accelerate the deportation of jailed people?

Q: Hi dear, 3 guys are inside the jail. Yesterday, a judgment came out. The judge ruled a one-year jail fine and deportation. What we want is to deport ASAP. Is there any way for that?

How to know if the profit percentage is good in business partnership?

Q: Someone offered me a partnership in a business. They will capitalize and finance the business while for me I will run it for them, 3 investors. They will give me 10% of the yearly profit, is this a good percentage? Then as for me to survive on a daily basis, they will give me AED 5000/monthly and this amount will be deducted from the yearly profit, it`s like an advance payment from the yearly profit. is this a good offer? Hoping for some enlightenment.

Is it possible for the employer to drop a case filed by employee in free zone?

Q: I filed a complaint to SHAMS regarding unpaid salaries. My employer drafted a contract saying I should drop the complaint within a week. If I fail to do so, they have the right to do it themselves. Is this acceptable?

How to get the security deposit from landlord after finishing all proceedings?

Q: The landlord has not returned my security deposit worth AED 5000. I filed a case and have judicial announcements that the landlord should return deposit+expenses. But still no response. The landlord is out of the UAE and his property is handled by the agent. Not sure how to get my money back while I followed all procedures, even filed an execution case but no response. While I keep paying to follow up on the case, the property is rented out to the next tenant and earning money. I feel like this system is created like this on purpose.

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Asking an employee to work till visa expiry while the contract is already expired

Q: My work permit and labour contract expired on 06/04/2021 and my visa expires on 09/06/2021. I have to move to a new opportunity but my employer wants me to work till the visa expiry i.e. 09/06/2021. My prospective employer is not agreeing to such a delay. What is the remedy available to me in this case?

What to do to get your labour dues paid after filing an execution?

Q: I have a verdict in my favor against my former employer for non-payment of salary from the labour court, Dubai. I even filed for execution but the company is still not paying. What are my options?

An ex-employer asks for the new visa copy of an employee. What to do?

Q: Hello Sir, I was fired on JAN 20 2020 on the second day of arrival from vacation. They gave me 2 months of grace time to use the same visa to look for a job and also to settle my dues. By April, they canceled my Freezone visa. I didn`t get any job till Dec 2020 because the pandemic started, so I stayed and was looking for a job. Almost after a year, I got a job; the whole year I was jobless. Almost a year and half later, my old Pro is threatening me if I didn`t submit my new visa copy, they are going to file an absconding case on me. I`m totally confused! How it even possible after a year and half they want my visa for some refund or to file a case against me? Please advise on this! I`m totally frustrated!

What to do if a resignation is not approved?

Q: Dear Ms. Rajasree, Good Morning, How to know whether my contract is limited or unlimited? In both cases, if I submit a resignation to the company and it is not approved, then what happens? What can I do? Meanwhile, I already have an offer letter from another company.

How to avoid possible liabilities before buying an existing business

Q: Hello I am planning to buy an existing sole establishment company in Dubai. How can I inquire if the company has any existing loans? Also, once I buy the company, will I be liable for the payments of the existing business loans taken by the old owner? The email was wrong in the previous question.