Questions & Answers

Q: Hi, I wanted to understand the laws on asset split upon divorce. I and my wife are residents of Dubai, citizens of Australia. Our assets are in Australia, Singapore, India and the UAE. Which country laws would be applicable to us?

Delaying work permit issuance and the responsibility for overstay fines

Q: I have resigned from “A” after receipt of a job offer from “B”. Then, I kept my family visa on hold and asked "A" to cancel my visa almost 1 week before my last working day. I submitted my visa cancellation paper along with a singed MOI contract to “B”. Now "B" is not responding well and asks me to stay with “A” because of the present COVID 19 lockdown situation. After wasting lots of time, B confirmed that they have applied for a work permit, however, I haven’t received any official confirmation from B`s HR. I have checked online on MOHRE website and it shows pre-approval for a work permit. If "B" will not be responding, should I need to worry about my job and visa status? In case "B" will not be responding, do I need to leave the UAE before my visa expiry date. i.e 30 days after visa cancellation? If I stay in the country and join "B" someday, who must pay the overstay fine; B or I? If "B" did not recruit me, then do I have the right to take legal action and ask for compensation towards damage?

The responsibility of a shareholder for director's loan

Q: Hi, I am a director and shareholder of a company. I borrowed money from a firm and defaulted. Now the firm is making criminal proceedings against me and my shareholder (who is not a director). Should this be the case?

تهديد صاحب العمل للموظف بوصل أمانة وقَّعه الأخير كورقة من مسوّغات التعيين

س: سلام عليكم، صديقي تعرض لمشكلة. يعمل في شركة مندوبًا بدون عقد، وقد وقَّع على وصل أمانة على بياض كضمان لصاحب العمل. عُرضت عليه فرصة أفضل ويريد ترك العمل ولكن صاحب العمل يهدده بالوصل. ما الإجراء المطلوب؟

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Issuing a temporary work permit while a labor case is pending in the labor court

Q: Dear Madam, I have a salary pending case in Abu Dhabi labor court and the second hearing will be on 6th, April 2020. I have a new job offer, how can I proceed to join a new job? HR wants me to join immediately because of the current corona epidemic situation. How can I cancel my employment visa and join the new job? My visa is expiring on 26 June. Please answer!

Representation of a parent in a custody case while he/she is abroad

Q: Hello, I just want to know if a lawyer can represent me in a custody battle of my children while I am away from the country and manage the whole case and win custody for me while I am still outside the UAE.

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!

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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?

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

استمرار تأجير محل لصالح ورثة المتسأجر الأصلي بعد وفاته

عقد بيع يساوي فيه الأب بين الذكور والإناث

The applicable law to foreigners' divorce and splitting of assets in the UAE