Questions & Answers - Legal Advice Middle East

Getting back to the KSA while there is unpaid loan

Q: I worked in the KSA from 2014 to 2016. I was paying a loan. I had been forced to leave for no reason. They (the collection agency) did admit that: "...we believe that your purpose was not to defraud the bank & your intentions are to repay back your liabilities but due to unavoidable circumstances, the account remained unpaid, considering your present status, we will try our level best to work out the best payment plan for mutual benefits. The bank shall be constrained to proceed with necessary actions to protect the legitimate interests of the Bank. If the same is not been honoured." I plan to go back to the KSA as an offer is being processed. A friend has checked my name through the system and there was NO red flag or claim against my name. I am going back regardless of the outcome because I committed no act of crime or defrauding. I`ve tried to offer them a plan to pay back when I arrive in the kingdom but they always seem to ignore it and just want me to pay back on a "one-time" payment.

النسبة القانونية لتقدير النفقة للزوجة والأطفال عند الطلاق

س: إذا طلبت زوجة مواطنة الطلاق من زوجها المواطن (إماراتيان) ولهما أطفال، فمن حقها النفقة لها ولأطفالها. هل صحيح أن النفقة تُحدَّد دائمًا وفقًا لدخل الأب بحد أقصى 30٪ من دخله ما لم يكن الزوج على استعداد لدفع أكثر؟ هل الحد الأقصى لا يمكن تجاوزه حتى على تقدير القاضي؟

Seeking divorce because of abusive husband

Q: Hi, My sister`s husband has been abusing her for years, and she has 2 police papers to prove it when she had to go to the hospital because she was abused so badly. She has pictures for proof as well. She wants to get a divorce (not Khula) but her husband is saying he won`t agree to a divorce. Will the courts give her a divorce anyways based on the evidence, even though the husband is not agreeing to it?

Terminating the SPA and getting refund from developer for delay in delivery

Q: We purchased a condominium from a developer in Ajman. We keep paying monthly but haven`t received the property. We would like to get the money back as it`s been 8 years.

إنهاء العقد محدد المدة قبل موعد تجديده من خلال الاستقالة

س: السلام عليكم ورحمة الله، أريد منكم الاستفسار بارك الله فيكم. عقدي يُجدَّد كل سنة في 27-10 وقد أعطيت الموارد البشرية طلب استقالة في 23-02-2020 على أن يكون يوم 30-07-2020 آخر يوم لي مع الشركة، لكنهم أخبروني أن الأفضل لي أن أوجه لهم خطاب عدم تجديد عقد لكي أستفيد من مستحقاتي السنوية على أن يكون يوم 30-07-2020 آخر يوم لي مع الشركة. كتبت بالفعل لهم خطابًا بعدم تجديد العقد. وخلال الأسابيع الثلاثة الماضية، أطالبهم بخطاب الموافقة على استقالتي، وكل مرة يقولون لي بعد يومين سيأتي الخطاب من الفرع الرئيسي ولا يأتي شيء. أخبرني مدير الفرع اليوم أنني لم أكمل عقدي ويجب أن أبقى إلى شهر 10، ثم بعد ذلك يحق لي أخذ مستحقاتي! علمًا بأن رصيد إجازاتي 98 يومًا. أتمنى منكم إرشادي لأني لا أعرف ماذا سأفعل وأريد أن أذهب في شهر 7 يوم 30 الذي اتفقنا عليه وشكرً!

Resignation before the end of employment contract for holding salaries

Q: I am on an unlimited contract with a school. My contract will end in November 2020, however, I would like to resign as early as this month (July 2020), with 30 days notice. The reason for resigning is to look for another job to compensate for my financial obligations because we signed an agreement that we have no salary from June 2020 to November 2020 due to pandemic/crisis. Is there any chance that my employer won`t allow me to resign or ban me?

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Suing a partner for mismanagement of funds and causing losses

Q: I`m a partner in a company. My partner who is also a manager ruined the company. There`s a big load of debts in the market which also crossed the capital. Is there any way, according to the law, by which I can sue him for mismanagement of funds and get my investment back? If the capital is gone and further losses are more than the capital, what are my legal rights in this situation?

Filing a criminal case of physical abuse against the husband

Q: My husband physically abused me and I went to do a medical report. Do I have to open a criminal case against him or I can use the medical report only in Dubai Court?

The right of the father to claim custody back from the mother

Q: I have a verdict from Dubai Courts against my ex-husband to clear the child support. He agreed to pay in our mutual consent divorce agreement. It was issued in Feb 2020. Today, I received a court hearing notification that he has filed a case for children custody. What should I do?

Eligibility to rent an apartment if there is a pending RDC case

Q: Can a landlord rent out a property if it has an existing RDC Case open against it?

Resolving cases after losing job and defaulting on many obligations

Q: Hello Sir, One of my friends has the below issues. How he can resolve his problem? 1- Overstay for 2 years 2- Case with the municipality as he lost his job and got hospitalised nearly for a month 3 - Bank loan 4 - Some credit card Now has no job to re-pay. Also he is very sick and even unable to walk now. He has no means to repay any of the above. What is the best way to resolve his case? Can he surrender to the police? It will be great if you could help us in this very difficult time. May God bless you, Sir.

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Options for dealing with a divorce case while being abroad

Q: Is it possible to have a divorce case and leave the country? Do I have to stay in the UAE if the divorce is still not done? The procedures are very slow and I cannot be in the UAE in the upcoming months. What are the options for dealing with the divorce and the court while being abroad?

Is there a jail penalty to enforce a civil case judgment?

Q: My question is regarding a civil case. Someone I know is serving a criminal sentence for 3 years for fraud of AED 35 Million. There is also a civil case against him. He cannot afford to pay AED35 million. He will finish the criminal sentence in 3 months. Will he continue to be in jail for the civil case? How long will this sentence be?

تنفيذ حكم صادر من محكمة إماراتية على مواطن مصري في مصر

س: هل يمكن تنفيذ حكم صادر من محكمة إماراتية على مواطن مصري بمصر في قضية خيانة أمانة؟

The applicable law on a case filed by a company registered with a civil license

Q: I have a professional company with a civil license. It is formulated as per the UAE civil transactions law and special artisan act of Dubai. I have a court case in Dubai courts and it was registered as a commercial case. There are some differences between the commercial company law and civil transactions law. For example, a partner of a commercial company cannot make agreements and contracts with any family relative without the approval of all partners, but the civil transactions law does not mention any such restriction and only states that a partner can give work to anybody. Which law is applicable to a civil company in a commercial case? Is there any advantage or difference in requesting the court to re-file this case as a civil case since the company has been formulated under civil transactions law?

شروط الوكالة المطلوبة لزواج وافد من مواطنة إماراتية

س: شروط إصدار توكيل زواج من خارج الدولة؟ علماً أن الخطيب موجود في بريطانيا وأنا مواطنة إماراتية.