Questions & Answers - Legal Advice Middle East

حصول الزوجة الأجنبية المقيمة خارج مصر على حقوقها عند الطلاق من زوج مصري

س: السلام عليكم، إذا كان الزوج مصريًا وكانت الزوجة من جنسية عربية، وتزوجا بدولة أوروبية وعاشا في منزل الزوجة بالدولة الأوروبية ولديهما طفل. وقع طلاق. الزوج لديه شقة في مصر، ولكن الزوجة لم تسكن فيها ولا تعرف عنوانها. هل يحق لها المطالبة بالشقة؟ ماذا تفعل لأخذ حقها من سكن ونفقة وغيره؟

Termination of SPA due to handover delay by the developer

Q: Hi I purchased my apartment was in 2017 and supposed to have delivered to us. In December 2018, it was delayed indefinitely. The Builder is dragging the completion of the project and also no communication whatsoever is forthcoming from their end. This has added a lot of financial stress on me and my family in this challenging time. We had already paid more than 45% down payment & continue to pay rentals at another place too. Under the circumstances, we want to withdraw and get our payment in full from the Builder with possible compensation (interest) to cover my loss of interest and to also to pay for Legal/Lawyer cost...etc. Please advise Thanks Best Regards S. S.

Possibility to terminate the SPA and claim refund for handover delay

Q: Hi, I purchased an off-plan property in Dubai that had an estimated completion date of August 31, 2020. I received an email that due to a delay, my completion date has been pushed forward to April 30, 2022. The email they sent for the delay did not say what was the reason for the delay. Since the developer has violated the SPA by delaying the project past 12 months of the completion date, can I request that the contract be cancelled and get what I have paid back? Do you believe that the developer could utilize Covid-19 as Force Majeure as a reason for not following the contract? Regards

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?

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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?

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?

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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.

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?