Questions & Answers - Legal Advice Middle East

Ensuring the payment of maintenance for wife after divorce

Q: My husband has filed a divorce in Dubai. Before this, I filed a case to get maintenance and I won the case. He is paying me monthly maintenance. Would I get maintenance after divorce or I have to claim permanent alimony from my husband after divorce?

Seeking visa cancellation and EOS payment upon resignation

Q: Hello I am currently working for a company registered in DMCC free zone. I have resigned and currently serving my notice period of 30 days, I still have 10 days left to serve. It seems the employer is delaying the process because he is not taking time to discuss the exit process nor the EOS. 1) If the employer delays or refuses to cancel/transfer the visa, what can I do? I need to cancel/transfer because of a new job waiting for me. 2) Is it legal for the employer to delay or stop the cancellation/transfer? 3) What legal measures can the employee take? Can the employee later file a complaint about the delay and claim damages related to a late start of work, which includes missed salary and work opportunity? 4) In case of disagreement on the EOS, can we still do the cancellation/transfer first, and later settle EOS separately (in order not to delay my new job starting date)? 5) The employer said that the EOS was paid as part of last year bonus? is it legal? Thank you in advance.

Leaving the UAE after visa cancellation with ongoing credit cards

Q: Can I leave the country for the meantime if my visa was cancelled and changed to visit visa but I still have credits? However, I didn`t miss any payments for my credit cards.

Settling a case of bounced cheque given as reimbursement by the landlord

Q: I want a legal advice on this. I filed a criminal case against one of the real estate companies here in the UAE. I was supposed to rent a flat and paid 3 months in advance cash to the agency without signing a contract because they promised me that I will sign a contract next day. To cut the story short, it didn`t go well, so I decided to refund my money back. The manager issued me a company cheque but it bounced. Now, we both agreed that he can pay in instalments and do it in front of the court. The first question is, can we resolve this case without me filing a civil case against him? The second question, will the court give him a travel ban until he settles the full amount? Third, can I get compensation from him for spending money on this case?

The rights of a contractor wrongfully accused of stealing

Q: Hello, my husband is an engineer, and he is in Dubai since November 2, 2016. He is a foreign citizen from London. He did a contract with a company in Dubai (oil pipes). He got paid the 2nd week of November for the job that is supposed to be finished in 4 or 6 weeks. However, the job couldn`t be done in time because the manager of the company did not provide him with enough employees and equipment to finish the job on time. This manager does not care if my husband has to remain there forever. Unfortunately, my husband travelled alone with my daughter because it was supposed to be for short time. On February 2017 my daughter got sick, and she was hospitalized. When my husband went to the offshore to pick up his staff he couldn`t find his passport because the manager collected it from the offshore when my husband was in the hospital with my daughter. When he arrived, the police was waiting for my husband because the manager accused him of stealing money from his office which is not true.

Breaching the terms of child maintenance and custody by the father

Q: I am divorced lady living in the UAE and have custody of my two children. My ex-husband also lives here with his new wife and has now stopped paying maintenance for children, which is breaking the undertakings outlined in our FCO. In addition, he has requested that my children now live with them. What can I do?

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The procedure of filing a case against a debtor who fled to home country

Q: We are a Dubai-based company and had business relationship with another Dubai registered company whose owner is Lebanese. The company owes us close to AED 1.8 million as their cheques were dishonoured. We have filed a case against the company with Dubai Police, but the owner has since returned to Lebanon. Although we have contact with him he is not committing as to when he will pay us. Can we file a case against him in Lebanon, and if so, how do we go about it?

حق العامل بترك العمل في عقود العمل غير محددة المدة

س: السلام عليكم أعمل بموجب عقد غير محدد المدة، وتقدمت بطلب استقالة وشهر إنذار بشكل خطي حسب قانون العمل كما في المادة 23. وكون الشركة لا ترغب بأن أترك فإنها ترفض الاستقالة وتوجه الكتاب التالي: "إشارة إلى استقالتك المقدمة إلى الشركة، نعلمك بعدم الموافقة على استفالتك و في حال تركت الشركة في التاريخ المبين في استقالتك المشار إليها تعتبرك الشركة تاركاً للعمل على مسؤوليتك." الشركة تتعامل معي بنفس الآلية التي يتم التعامل معها مع حالات الفصل بدون إشعار حسب المادة 28 من قانون العمل الأردني. و للتوضيح، يوجد بالشركة صندوق ادخار يدفع الموظف نسبة من راتبه و تدفع الشركة نسبة مماثلة. و ينص نظام صندق الادخار أن الشركة تدفع للموظف مجموع ما دفعه الموظف بالإضافة الى مجموع ما دفعته الشركة في حالة الاستقالة المقبولة أو انتهاء الخدمة لبلوغ سن التقاعد. و تدفع الشركة للموظف مجموع ما دفعه الموظف فقط في حالة الاستقالة من العمل أو فصله لإجراءات تأديبية. هل يمكن اعتبار ما تقوم به الشركة في هذه الحالة فصلاً تعسفياً يعطي الحق للموظف بمقاضاة الشركة؟ و لك كل الشكر

What comes after the payment of a fine and release in a bounced cheque case

Q: I have a case from Dunia Finance regarding a bounced cheque amounting AED 50,000 and I was caught and detained in Abu Dhabi for 3 days. They give me a bail for AED 2000 and I was released. What should happen after this, and how do I know if I am cleared or I need to attend in court? Please advise what will happen to my case after paying the bail. Thanks and regards, Ramel

The charges of sending a legal notice to collect a debt from client

Q: What are the charges for sending a legal notice to our client for debt collection matters? Affordable charges, please.

معرفة السبب في رفض تأشيرة دخول إلى الإمارات العربية المتحدة

س: السلام عليكم. أنا مهندس عراقي مقيم في السعودية وقمت باستخراج تأشيرة دخول لدولة الإمارات أكثر من مرة بدون أي مشاكل. ولكن منذ سنة تقريباً تم رفض تأشيرة الدخول بدون سبب، ومنذ ذلك الحين يتم رفض كل طلب تأشيره أقوم به بدون إعطاء أسباب. هل يمكنكم مساعدتي لمعرفة السبب على الأقل؟ وشكراً

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حضانة الأطفال في حال اختلاف ديانة وجنسية الوافدين في الإمارات العربية المتحدة

س: السلام علبكم سؤال للمختصين في حالة الطلاق. إذا كان والد الأطفال من جنسية وكان أبناؤه متحدين معه بجنسيته وديانته المسلمة، وكانت الأم مسيحية ومن جنسية أخرى مختلفة عن الأطفال. الأم و الأب غير إماراتيين. قام الأب بالتمسك بتطبيق قانون بلده بالحضانة. فهل يحق للأم معارضته التمسك بتطبيق قانون بلدها أو قانون الإمارات؟ في هذه الحالة، أي قانون يطبق؟ شكراً

Settlement of bank loans and credit cards to re-visit the UAE

Q: I left the UAE in 2016 with unpaid loans and credit cards of around AED 100,000. I`m now in a position where I want to settle these loans so I can come back to Dubai. I`m looking for a firm that can negotiate a settlement plan with the banks on my behalf.

Is the visa cancellation paper mandatory for applying to a new visa?

Q: I cancelled my visa after renewing it one month earlier, but the company is not providing me with the residence cancellation paper. Can I apply for a new visa without this residence cancellation paper?

Is a bank employee allowed to refer clients to law firms for commission?

Q: Sir/Madam I am a banker and I frequently have enquiries from many of my clients for doubts on bounced security cheques and how to find out if any case has been filed on them. My question regarding this is can I refer them to any lawyer or law firm on a commission basis as the lawyers and law firms will be of help to them? Is that permissible to refer to such?

Enforcing a divorce granted by the UAE courts in other countries

Q: Hi, My wife and I got married both in the UAE and in Russia. In the UAE, we could get a divorce but she refuses to sign it in Russia. Is the divorce that took place in the UAE recognized in Russia? Thank you