Questions & Answers - Legal Advice Middle East

Signing an intellectual property agreement to protect a business idea

Q: Hi! I have an idea and want to develop it into MVP. I am in the UAE and my friend who is in the US wants to help me to develop the product. I trust him but without a legally binding document, there could be issues at the later date. We will register the company after trying out our MVP. My question is, what sort of legal contract can I do with him? Note: we haven`t registered the company and he is in the US. I need to protect my MVP and he should use the idea to develop his own product.

Is it possible to recover an old debt given to work colleague?

Q: Hi, I along with my colleague has given an interest-free loan to our other colleague (more than 50000 AED) in many instalments between Mar to June 2016. Recently, we have received an email from him that he owes us this amount and has also agreed to repay it in 3 instalments. The last instalment was supposed to be on 1st December 2020. But till date, he has not paid us single AED. He always says that he will pay but always end up giving us some weird excuses. He has a good salary (around 70K AED per month). We have a legally translated (from Notary), the email exchange between us, in Arabic. I can give more details and the exact amount to be recovered. I am looking for a lawyer who can get my principal amount only. I would like to offer you to please claim the principal amount + Interest for 4 years + legal charges + mental harassment charges (if possible) and you can keep everything apart from the principal amount. Is this possible?

How to check the status of a case at RERA from outside the UAE

Q: My ex-landlord opened a civil case against me for what should have been opened in RERA rental disputes. I had to urgently leave the UAE during COVID-19 and relocate back to the USA and have no idea what happened with the execution of the court case and if there is a travel ban on my passport. How can I check my status prior to coming back to the UAE?

Procedure and requirements for second marriage in the UAE

Q: Kindly advise the process for second marriage registration for Muslims?

The procedure of issuing a POA from outside the UAE

Q: I am a UK citizen temporary residing in India and want to issue a power of attorney to my manager to operate a bank account in the UAE. What is the process to issue a POA?

The legal steps of terminating an employee

Q: Dear Sir, My office is in DMCC. I want to terminate one of my employees who worked with me for the last 8 years. We have an unlimited contract with 30 days notice period. Can I terminate him with 30 days notice period? If the employee fails to work within the notice period of 30 days, then what happens?

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How to claim pending salaries and EOSB after resignation

Q: Hello I have been working for a company in Dubai for 3 years, and in the current year, the company didn`t pay salaries. Overall now, I have 8 months worth of pending salaries + the other end of service benefits. I was chasing them around for months and got tired of it, so I resigned. I filed a complaint against the company, but for 3 weeks the company never reached out for settlement, so finally, I registered a case against the company in court. I am on my husband`s visa & my work permit expired months back. What I want to know is: 1. Now that I have registered a court case, what`s going to happen next? 2. Will I have to visit court, every time for hearings? 3. I am looking for a new job here, will this court case be any issue in me getting a new job or new employer issuing a new work permit and what can I do to ease the process of new work permit? Appreciate your advice. Thanks, S.

How to claim pending salaries when the employer forces an unpaid leave

Q: My company put me on unpaid leave without consent from me. They even want me to go home to my home country even though they owe me money for incomplete salary. There are months of no salary which I am trying to collect but they keep saying there are no funds. What should I do in this matter?

Filing a divorce case in the UAE while the same case is filed abroad

Q: Hi, If I have already filed for divorce in a foreign jurisdiction, the papers have been served and my spouse has responded, is it then possible for them to try and file for divorce in the UAE? Additionally, they are seeking a "settlement agreement" in the UAE, which I have declined as the matter is already before the court overseas? Is this possible?

ضرب الزوجة وأخذ الأطفال منها وطردها

س: السلام عليكم، أنا متزوجة ولدي 3 أطفال. حدث خلاف مع زوجي وضربني وطردني بدون أغراض وبدون فلوس وبدون أطفال. أرسلت أناس لهم ليعطيني الأولاد فرفض وهدد إذا أخذت الأطفال بقوله أنني غير أمينة على الأطفال لأني تركتهم ودرست دكتوراة. هل يحق له أخذهم؟ ما الحل؟

How to expedite the process of sending a judgment issued in the UAE to another country?

Q: Hello, There was a bounced cheque case against me in Dubai in 2009-10. I won the case upon appeal in January 2020. I have been fighting extradition to Dubai since 2018 for the same case. Even though, the case was won in January. Until today (December 2020), the authorities in my country of residence (Ukraine) haven`t officially received the judgment from the UAE. 1.What steps can be taken to expedite this process? 2. What steps does a judgment go through before it is communicated to the country in which the extradition case is pending? 3. What is the normal time frame for this process and for the removal of the Interpol red notice against the accused? Thanks and regards,

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كيف يمكن للزوجة رفع دعوى طلاق للضرر

س: أريد الطلاق من زوجي بسبب شربه للخمر بكثر واختلاق المشاكل. لم أعد أستطيع إكمال حياتي معه. أثّرت أفعال زوجي على صحة أطفالي النفسية وصحتي. هل هذا سبب كافي للمحكمة لتحكم لي بالانفصال وهل يمكن أن يأخذ أطفالي مني؟ وشكراً

Rights of the employee in case of termination during probation

Q: Can the employer cancel the visa of the employee under the probation period in a limited contract?

إتمام طلاق أجنبية في الإمارات رغم إبرام عقد زواجها في الخارج

س: سلام عليكم، أنا مغربية متزوجة من إماراتي بعقد مغربي. أريد الطلاق لكن أرغب في معرفة هل يمكنني أن أتطلق داخل الدولة رغم أن عقد زواجي مغربي؟ أريد أن أتنازل عن كل شيء؛ أهم شيء أن أحصل على ورقة طلاق. شكرًا!

رفض الشريك المدير التجاوب مع الشركاء وكيفية التعامل مع إختفائه

س: نحن ثلاثة شركاء والشريك الثالث يملك ٤٠٪؜ ومُسجَّل بعقد التأسيس بصفة مدير للشركة. رفض التجاوب معنا نحن الشركاء وأخفى جميع أوراق الشركة وأغلق مكاتب الشركة ولا يرد على جواله. ما الإجراء المتبع في ذلك؟ وهل نستطيع إعلان هروبه وعدم التعامل معه في الصحف؟

How to clear liability after leaving a mainland company?

Q: I was a partner in a mainland company. During my tenure, I had given a personal guarantee for a bank loan for a mainland LLC company. I have exited the company. The company is in poor financial condition. I wanted to know if the personal guarantee will/can be enforced if the company fails to pay the bank debt. Can my personal assets in the UAE and INDIA be called upon?