Questions & Answers - Legal Advice Middle East

Filing a divorce case against the husband who is not residing in the UAE

Q: As a non-Muslim British citizen with residency in the UAE, can I file for divorce in the UAE from my partner who is a British citizen and resides in the UK? They have never had a work or residency visa in the UAE. How would I start this process and how would they be notified? Can I avoid notifying them? What are the benefits if I were to file a divorce petition in the UAE compared to the UK?

Guardian of the bride when the father is not available

Q: Who can be the wali (guardian) of the bride, if her parents are separated (not formally divorced) and father has disappeared/is absent for over 5 years with no contact? (According to Islam law)

The ability of entering GCC countries while being travel banned in the UAE

Q: I have brought 0.5 grams of Marijuana to Dubai last year as a tourist. I was travel banned. I could stay for 20 days holiday. When I was leaving, they put me into the database, and never ever again I can enter the UAE. Now I want to visit Qatar. My question is, am I travel banned to all GCC countries? Like Saudi, Kuwait, Qatar, etc, or only UAE? Thank you!

Filing a case against a bank for violating an agreement to reduce the interest rate

Q: Hi, I have a mortgage with a bank in Dubai. I renegotiated the interest rate with them in DEC 2018 to 4.15%. I discovered, in Jan 2020, that the bank had never amended my interest rate to 4.15% but was instead charging 7.75%. This bank has never ever sent me a statement of my mortgage. I have been in discussion with them ever since but they are refusing to abide by the terms of that signed agreement which I have in my possession. I want them to refund me the amount that I have been overcharged over the past 15 months. They are instead offering me a 3.99% rate for the next 3 years. I have filed a complaint with the Central Bank, they have not replied to the Central Bank`s query in the 14 working day period. The bank has told me that I can call back on Sunday to see if they have replied. How can I get this bank to honor the agreement and refund me for their mistake? It seems that there is no accountability expected from them and I`m bearing a heavy financial burden as a result.

The effect of a police case on work application after paying the fine

Q: Dear Raluca, I hope you do not mind direct outreach. I just really would appreciate it if you could answer my query. I`m sure you get a lot of messages so I promise this will only take 30 seconds to read. I lived in Dubai previously from June 2015 - Feb 2019 working for Emirates Airlines. I had an incident with Dubai Police in 2018 which was completely my fault. I paid a fine of 2000AED for not having an alcohol license which I completely accepted and paid immediately and continued to work. In 2019, I returned to the UK and I am currently trying to reapply for Etihad Airways. I wanted to ask you if my incident would come up as a red flag for my application? I appreciate this is a bit of an odd request than what I`m sure you normally get but if you could give me any guidance, I would really appreciate it. I totally understand if you are too busy to respond but even a one to two lined reply would make my day. Thank you!

Getting banned after resignation in unlimited contracts

Q: I have an unlimited contract, I have sent a resignation letter mentioning that I am ready to serve the notice period, can my employer ban me?

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مستحقات الزوجة والصغار من نفقة ومسكن عند إقامة دعوى ضد الزوج

س: السلام عليكم، أنا زوجة، وأريد تقديم دعوى نفقة ولا أعرف الإجراءات ومدتها إلى أن يحكم القاضي. علما بأن لدي ٤ أطفال: ٦سنوات و٤ سنوات و٣ سنوات و٥ أشهر. أقيم حاليًا في منزل والدي وزوجي ممتنع عن النفقة منذ ٦ أشهر وراتبه ٢٣٠٠٠ درهم. كم النفقة؟ وهل يحق لي طلب مسكن للضرر من المسكن الأول؟ وهل يحق لي طلب سيارة؟ وقد امتنع عن راتب الخادمة أيضًا؟

هل يمكن لزوج الأم استخراج إقامة لطفلها في الإمارات؟

س: مرحباً أود أن أسأل، أختي تطلقت من زوجها منذ فترة وقد ألغى إقامتها الإماراتية ولكن لم يلغي إقامة ابنه (عمره ٥ سنوات) وإقامته تنتهي بعد شهرين وهم خارج الإمارات منذ أكتر من ٦ أشهر. هي تريد العودة للإمارات بموجب عقد عمل. فهل يمكن أن تلغي إقامة ابنها وتكفله هي؟ وماذا يترتب عليها؟ وفي حال تزوجت، هل يمكن لزوجها الجديد (موجود أيضاً في الإمارات) أن يكفلها هي وابنها؟ وشكراً

Termination of SPA and claiming refund for project delay

Q: Obtaining a refund from the developer: I bought an off-plan apartment a long time ago and paid around 70 % of the deposit. The apartment was supposed to be ready by 2009 but it is not still ready. Around 2016 the developer changed and then we`ve been told that the project will be finished by 2020. Now, the second developer says that the project might be ready by 2024. I want to cancel my contract and get back my money. The second developer told me the first one is responsible for the project and they don`t even answer my emails. I have a couple of questions: First of all, I wanted to know if I can terminate my contract, and if so, how can I do it and how long will it take? Thank you

Re-appealing a judgment to confirm the first instance court's judgment

Q: I filed a criminal case for physical domestic violence, defamation, and threats made towards me in December 2018. After a long process in the public prosecution and evidence collected as well as witness testimony, the first instance court gave a judgment to the accused of 3 months imprisonment, deportation and a 10K fine in November 2019. The accused appealed the case and, on ALL three charges, he got "innocent". I made the request to the public prosecution to re-appeal the appeal and send it to the cassation court. They sent me a rejection SMS 1 day after I made the request. How can this be? The public prosecution is supposed to be my defender in this case. I do not feel safe as a single woman living here anymore. It is not easy for me to leave because I have children who attend school here and he threatened them as well. I need to know if there are any steps I can take to make the cassation courts take this seriously and look at the file again.

Procedures for setting up an online platform for tutorials

Q: I want to set up my own business in Dubai which is career coaching and training, to be done mainly online (online training, sessions by skype, etc.). I will not have physical offices nor employees. What is the best structure (and most affordable) to set up such a business? Thanks! S.

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Defaulting on credit cards and negotiating with banks to settle them

Q: I have 3 credit cards: Bank 1 - 18,000 Bank 2 - 18,000 Bank 3 - 20,000 I am really unable to pay my debt and they are harassing me that they will file a case against me. I was paying all of them continuously since 2018. I just had a hard time and missed my payment since Jan 2020. I want to settle them but they don`t give me a chance; they always say that they will file a case. I am not running. I told them I will pay once I find a job. What is the best way to fix them as I am planning to leave the country in a year? Until now, I am jobless since Jan 2020 and its hard to find a job now. I am willing to get charged by your service. Thank you!

Denying wrong claims by the bank after paying all dues correctly

Q: I have used a credit card for less than one year in 2013. I paid the amount correctly and the last statement was zero. I made a request to close it in the same year as there were card charges from 2nd year. Afterward, I was not getting any statements or messages. After 8 years, I received a text message on February 19th to pay 86000 before March 13th. I contacted the bank and they aren`t passing any clear details. I need help!

The possibility of reducing the notice period in unlimited contracts

Q: I’m working in a semi-government company with an unlimited contract and three-year visa in Dubai where I have finished 4 years and 8 months with the company. When I signed the first contract, the notice period mentioned 2 months, but currently, I cannot serve the notice period of 2 months, and my new employer cannot wait that long. Is there something to resign immediately with 2-3 weeks of notice? What will happen if I’ll not come to work after the notice date which I have mentioned in resignation? Thanks in advance!

أحقية مكتب التحصيل في رفع قضية ضد مدين رغم تسوية الأمر مع البنك مباشرة

س: السلام عليكم، لدي قرض من الإمارات وتعثرت ولم أستطع سداده بالكامل كوني سُرِّحت من عملي. رجعت للأردن وبقيت مدة سنة دون تسديد، ولكن كان البنك يحاول التواصل معي. بعد ذلك، تواصل معي مكتب تحصيل في الأردن وهددني برفع قضية. اشتغلت وقررت أن أرجع أُسدد للبنك دفعات شهرية، واتفقت مع البنك على مبلغ أعطيه لهم كل شهر. ومع ذلك، ما زال مكتب التحصيل يهددني، وقد تواصلوا مع مكان عملي وأخبروهم بموضوع القرض. سؤالي: هل يحق لهم رفع قضية مع العلم أني اتفقت مع البنك على دفعات شهرية؟ وهل من حقهم التواصل مع مكان عملي ووضع شغلي بوضع حرج بسببهم؟

مستحقات العامل عند إقالته في العقود غير محددة المدة

س: عقدي غير محدد المدة وتم توقيعه بتاريخ 12 فبراير 2018 وقد استلمت خطاب إقالة بتاريخ 16 مارس 2020 يخطروني فيه بأن أداوم شهر طبقًا للعقد المُبرَم وأنهم سيعطوني مستحقاتي المالية بعد قضاء هذا الشهر وبعد إنهاء مسؤوليتي بالعمل وتسليمها للبديل. مع العلم أن إقامتي ستنتهي في 19 مارس 2020. ما مستحقاتي وما فترة السماح لي بالبلد بعد إلغاء عقد العمل؟ وهل هذا يعتبر فصلاً تعسفيًا؟