Questions & Answers - Legal Advice Middle East

إسقاط النفقة بسبب انتقال الحاضنة والمحضون إلى بلد آخر

س: السلام عليكم، طليقتي كانت تقيم في الإمارات وقد تم تطليقها بعد قضيتي طلاق للضرر - رُفضت الأولى وقُبلت الثانية ثم حُكم لها بنفقة للطفل وبدل سكن. غادرت أبوظبي وتقيم حاليًا مع الطفل في مصر ولا تقوم بتنفيذ الرؤية مطلقًا، ولكنها تتحصل على نفقة وبدل سكن بالدرهم. عندما دفعت بإسقاط النفقات حيث أن الطفل مقيم في مصر ولن يعود، دفعت هي بعدم اختصاص المحكمة حيث أن إقامتها انتهت وتقيم في مصر، وبالفعل حكمت المحكمة بعدم الاختصاص (ابتدائي واستئناف). كيف يمكنني إغلاق التنفيذ حيث أن الطفل مقيم في مصر وهي تمكنت من مسكني في مصر أيضًا؟

What are the implications of a defamation lawsuit if I am not a resident?

Q: Dear Sir/Madam, Can a clinic and a doctor sue me for defamation if I mention the doctor`s name in a negative review of the clinic on Google Maps? Also if they were to proceed with legal action, as they are threatening to do so if I don’t take the review down, how would that affect me as I am not a resident in Dubai and only visit once every 6 months?

Is my marriage in Georgia still valid in the UAE?

Q: Dear Sir/Madam, We got married in Georgia in February 2020. However, we were unable to register our marriage in the UAE because the lockdown started due to COVID-19 when we returned. The copy of our marriage certificate (with UAE stamp) was misplaced/lost. We have not yet registered our marriage. Is it still valid? Are we considered legally married?

How to transfer son's sponsorship while ex-wife refuses to hand over her Emirates ID?

Q: Dear Sir/Madam, I am a French national who divorced my Dutch wife in Dubai under Dubai law. We have been divorced for 7 years and have a 15-year-old son. Until recently (December 2022), our son was under my ex-wife`s sponsorship. However, her visa expired in December last year and she has not renewed it. As a result, both our son and my ex-wife have been overstaying for the past 6 months. I have informed her that I can and should sponsor our son, as I am the legal guardian and the legitimate father. However, she has not been willing to hand over her Emirates ID so that I can transfer the sponsorship and apply for visa renewal and health insurance. I simply need to be able to transfer the sponsorship of the expired visa in order to process the residency visa renewal for my son, who needs to be registered for the next school year and needs health insurance as he is currently not covered and is on overstay.

I'm renewing my tenancy contract and the landlord wants to increase above RERA index

Q: Hello, I hope you are doing well! I really need some advice. I`m renewing my contract in a few months and the landlord was asking for AED 60000. The maximum increase according to the RERA index is AED 50,820 which was my proposal. The owner responded by saying that they want AED 55000 as the rent. I am confused because I thought by law the maximum increase would be within the RERA index. If I don`t agree to the owner`s rate, would I be compromised in any way? Please assist me. Thank you.

How to avoid deportation from UAE after testing positive for TB?

Q: Hi, My friend is currently in the UAE and tested positive for TB during his medical examination. This is his first job in the UAE. He is admitted to the hospital for 14 days of medical treatment. According to health authorities, he will be deported to his home country with a travel ban after completing the 14-day treatment. Is there any way for him to stay in the UAE without being deported or to travel without a travel ban?

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Can I sue the company if they promised to raise my salary on phone and then denied it?

Q: My company refused to increase my salary after an agreement with them. The agreement was held in July last year 2022, and now they said that they will increase it from March this year 2023. Although the agreement was through a phone call, I have the voice record of the agreement.

Can a tenant refuse to leave my house although he has agreed to leave if a buyer is found?

Q: Can a tenant refuse to leave my house although he has agreed and signed a clause in the tenancy contract? The contract stipulates that if the owner finds a buyer for his property, the tenant will leave within 90 days of being informed and he will get an AED 31000 compensation.

Am I eligible for leave salary after 10 months of work?

Q: Dear Sir/Madam, I had a one-year contract with the company, but I worked for only 10 months before they terminated my contract. Am I eligible for leave salary for the duration of my work, and if so, for how many days?

Can my husband renew his expired resident visa if he has overstayed?

Q: Can my husband, as a Nigirean, renew his expired Resident Visa in the UAE - Dubai in June 2023? It expired and he has overstayed since April 31, 2023.

Can I sue an employee for sending threatening WhatsApp messages?

Q: Dear Sir/Madam, One employee who recently resigned has sent threatening WhatsApp messages, abusing and cursing my family, swearing at them, and wishing that bad things happen to my family. What are my rights in the UAE regarding this behavior by the employee? Can I sue this person and report them to the police?

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إمكانية استئناف الدعوى ككل بعد صدور حكم في طلب الإغفال

س: السلام عليكم، صدر حكم ابتدائي في دعوى تجارية في شهر 12 الماضي، ومن ثَم صدر حكم في طلب إغفال في الدعوى قبل أسبوع. هل يحق لي الاستئناف على الدعوى ككل؟ أم فقط يحق لي الاستئناف على الحكم الصادر في طلب الإغفال وحده؟

هل يمكن أن تُخفض المحكمة العمالية قيمة المبلغ المحكوم به في المرحلة الابتدائية؟

س: السلام عليكم، هل يمكن أن تُخفض المحكمة العمالية قيمة المبلغ المحكوم به في المرحلة الابتدائية في مرحلة الاستئناف؟ قيمة المبلغ ٤٠ ألف.

ما الفرق بين الجريمة والجناية والجنحة والمخالفة؟

س: السلام عليكم، ما الفرق بين الجريمة والجناية والجنحة والمخالفة؟ ما ترتيبهم من الأصغر إلى الأكبر من حيث العقوبة؟

Can children of an absconded UAE citizen claim financial support in the UAE?

Q: Hello, My father is a UAE citizen and my mother is British. I live in the UK with my mother and brother, as my father absconded when we were young. He has always refused to pay towards our care and does not respond to our attempts to contact him. His name and signature are on our British birth certificates, and my mother has a nikkah marriage certificate that was obtained in the UK. Please could you advise if we have any rights in the UAE as his children? We have been told that we could travel to Abu Dhabi to open a case against him in court, however, this is not financially an option for us.

Do they count a full day or just 12 hours as one day in Ajman jail?

Q: Hi My husband has been in Ajman jail for 3 years and 6 months. Can you tell me if they count a full day or just 12 hours as one day? I heard that one day in jail counts as two days. Please help me. Thank you so much!