Questions & Answers - Legal Advice Middle East

Responsibilities of the husband toward the wife and daughter after divorce

Q: Hi, I am planning to divorce my wife we are married for 4 years with a 3-year-old daughter. I just want to know to whom custody of the kid will go after the divorce. Do I need to take care of my wife`s and kid`s expenses or will be any sort ot penalty which I need to pay at the time of divorce? Please note all mehar was settled at the time of nikah only.

رفض البنك تأجيل أقساط قرض أثناء جائحة كورونا والتهديد برفع قضية

س: السلام عليكم أستاذي الفاضل، حصلت على قرض كريدت كارد من بنك في دبي، وبسبب الظروف الراهنة تواصلت مع البنك عند طريق الإيميل لتأجيل الدفعات ولكن البنك رفض وهددوني بأنهم سوف يرفعون قضية لدى الشرطة إذا لم أسدد الأقساط. ما الإجراءات؟ هل تُدفَع غرامة وأُعفَى من المبلغ؟ وهل أستطيع السفر إلى بلدي بعد دفع الغرامة وما العقوبة والنتيجة؟ وشكرًا لكم ودمتم سالمين!

Rights of the employee after termination for taking a sick leave

Q: My company terminated me based on articles 82,83,84 & 85 after I got a stroke in November 2019 when I was on duty and the company took me to hospital. My GM also visited me home saying that no need to submit sick leave as it will cost you every time. Once you`re fine come to work. They forcefully took signature on annual leave after one month of my sickness. I was paralyzed from one side and was not in a condition to travel, still, the company issued me a ticket part of the annual leave. Now, they have terminated me and did not pay the salary to me since January 2020 nor are they paying my physiotherapy bills. They didn`t even give me any notice period before termination. Please advise what can I do. I have even filed a labour complaint but it`s of no use. I am a driver by profession. Please contact me. Thank you

Cancellation of an off-plan property contract due to delivery delay

Q: Seeking cancellation for the delaying property delivery, as developers are not being reasonable. I purchased an off-plan property in Dubai which was due for handover in June 2018 but still incomplete as of May 2020 (approx. 58%). 80% has been paid from a purchase price of 1.97 million, plus 4% DLD fees. After pleading with developers for assistance, I recently got offered 2 x 999,999 AED, properties from the Developer (not ready till first quarter 2021 apparently), plus DLD fees as they would be classed as new sales. I wish to cancel the purchase. Do I get additional rights for a 2-year delay and being under 60% completion? Can I use force majeure (I`m on 75% wage reduction till September due to COVID-19)? Has a law come into play to have additional compensation whilst renting during the delay? (I was advised on June 2019 by the SLC that there were discussions at DLD but nothing official). Can you claim the 4% DLD fees back? Thanks in advance

تكاليف تعيين خبير في قضية تتعلق بشركة مقاولات والمسؤول عن تعيينه وحياده

س: لدينا قضية مدنية مرفوعة ضد الشركة؛ وهي عبارة عن خلاف في حساب الكميات وجودتها داخل شركة مقاولات حيث فرضوا غرامات علينا لأعمال لم تكن في نطاق عملنا. السؤال: في حال استدعت المحكمة خبيرًا فنيًا للحكم بيننا، مَن يدفع راتب الخبير؟ ومَن يُعينه؟ ومن أي جانب يأتي لضمان الحيادية؟

إسقاط الحضانة عن الحاضن بسبب الإدمان والمشاكل النفسية

س: سلام عليكم، ما حكم الحضانة في الإمارات إذا كان الحاضن يعاني مشاكل نفسية وعصبية ولديه(ـها) تاريخ من إدمان أدوية الأعصاب وكان هذا من أسباب الطلاق؟ ما الإجراءات المتبعة لإثبات ذلك لدى الجهات المختصة؟ الزوجين مسلمين من أصول عربية.

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Right action against nuisance cause by noisy neighbours

Q: Hi, It`s been 3 months that I moved to this apartment. But the neighbours are noisy that I feel the ceiling will collapse. I complained to the security, to the real estate agency and I even called the police. Nothing changed! I asked the agency to change the flat for me or to fine the neighbours; they completely stopped replying to my calls or emails. What can I do? Please, I’m desperate.

Resignation without notice for holding salaries and changing job

Q: Good afternoon. I am a specialist doctor working in private sector in Sharjah, UAE. My employer has not paid my salary for more than 6 months (It is much before the Corona outbreak). According to my contract, my notice period for resignation is 3 months. I have 2 questions: 1. Can I resign with immediate effect without surrendering my salary? Or in other words, is there any relief in notice period? 2. Can I work part-time in another facility without taking a NOC from my current employer? Thanks

The requirements to marry an Emirati woman while being in home country

Q: I’m an Emirati woman, and I want to ask: What is needed to marry a Muslim foreigner who lives in his country? Will I need a guardian approval? If I’m divorced?

Claiming the protection plan by the family of a deceased person

Q: My father died in a heart attack in Abu Dhabi. I received his death certificate. My mother is living with me. He has protection plus plan in a private bank. How can we claim to get the money?

Obligating an employee to accept unpaid leave and his resignation upon refusal

Q: I`ve been working in a company in JLT under a limited contract for a year and a half. Due to the current pandemic, I was asked to sign a letter stating that I am going on unpaid leave for 5 months which I did not sign. I did explain via emails that I can not accept to live without any income for 5 months. I said that I accept salary deductions. I did not hear from them except that they are waiting for my signature for unpaid leave. I will most probably have to leave Dubai because I can not afford anymore to live here. What are my rights in this case? Can I resign because I haven`t received a salary last month? Am I entitled to any end of service benefits in this case? Am I obligated to pay any penalty because I am resigning under a limited contract? What can I do if I don`t hear from them by the end of this month or if I don`t receive anything at the end of the month? Thank you!

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Liability of an LLC managing director through a power of attorney

Q: Hello, I would love to ask for advice. What is the liability of managing director, who is not mentioned on the trade license but has a power of attorney to act on behalf of the owner, sign contracts and documentation, deal with banks and UAE authorities, tax returns...etc? We are talking about an LLC company in Dubai. And would you recommend directors and offices liability insurance? Thank you for your help.

Time frame to file criminal and civil cases against a bounced cheque

Q: Dear sir, Regarding the bounced cheque, I would like to clarify the following: 1) Once a police complaint is filed for a bounced cheque, within how many years should the case be filed before the court? 2) If a cheque is bounced, within how many years should the police complaint be filed? Please advise!

Getting Mehr and other rights upon divorce under Sharia Law

Q: My husband and I married under Sharia Law. At the time of marriage, he provided a title deed stating that an apartment is not mortgaged in order to give it to me as my Mehr. He promised to transfer the property within 5 days after the marriage. 8 months later, my husband claims that the apartment is actually mortgaged (not fully paid yet) and he refuses to transfer it stating that I do not deserve it and accusing me of being a bad wife. He even stopped supporting me financially and he abuses me physically and emotionally. I have filed a complaint to the police after he hit me. How can I get my Mehr? The apartment is mortgaged while I think it is not. How can I get a divorce without losing my rights? Will I get compensation for not being financially supported?

Partner's refusal to sign cheques and threatening the company situation

Q: My partner has been out of UAE for more than 6 months since October 18-2019. We both have dual signatories on the cheque for the LLC. Now he is threatening that unless he is paid money, he will not leave the company. All the cheques I have are over and the situation has jeopardized my business and I cannot do anything here. He has put us in a difficult situation and does not agree to sign cheques. Please tell me what solution I have as I am in the verge of collapse.

Claiming refund from developer for delay in delivery

Q: Our company paid approximately 85,000 AED as advance (for commercial rent) to a developer whose project never got completed. The handover for the site was 1.5 years ago! We have been requesting a refund since many months now but the landlord/developer is not cooperating. The payment was made via cheques and the lease had been signed as well. Further, I have seven sent them a legal notice two months ago via Dubai Courts but there has been no reply from the developer. May I know what could be done next?