Questions & Answers - Legal Advice Middle East

Where should I file for divorce with my visa in Sharjah and my wife's in Abu Dhabi?

Q: Dear Sir/Madam, I want an experienced lawyer to handle my divorce case. I need to understand in which court jurisdiction I should file the case. My visa is in Sharjah and my wife`s visa is stamped in Abu Dhabi. What is the court fee?

The same case is filed in both the UAE and India. How can I get one dismissed?

Q: Dear Sir/Madam, Someone has filed a case against me in both India and the UAE on the same matter. Is this not considered a conflict? How can I get one of the cases dismissed?

Can I travel to the UAE 6 months after being deported from Dubai?

Q: Hi, I have a deportation from Dubai for overstaying, but they didn`t take my fingerprints or eye scan. The officer at the airport said I can return after 6 months. Is this possible?

Can I file a case against a finance advisor selling fraudulent investments?

Q: Hello, I`m seeking advice on how UAE law safeguards against finance advisors selling fraudulent investments or defaulting on funds. I`ve heard conflicting information regarding the necessity of an SCA license or approval from the Central Bank of the UAE. Additionally, I`ve been told that law firms lack the authority to file cases against finance advisors operating under UAE legal regulations. Could you please provide clarity on this matter or offer guidance? Any detailed response or advice would be greatly appreciated. Thank you.

Can the employer ask employees to work from home of weekends without paying overtime?

Q: We are engineers working for a company doing technical support for customers. They were asking us before to work on weekends on an on-call basis & we were given compensation even if there were calls or no calls. For the last 4 or 5 years, the new manager removed the compensation if there were no calls on weekends despite us restricting our time at home or not going far or instead enjoying the weekends with personal or family matters. The manager will only compensate us if there are service calls that are chargeable & no compensation if non-chargeable like warranty calls. Is this legal?

Does the prenuptial agreement need attestation before filing the marriage application?

Q: Dear Sir/Madam, My partner and I are non-Muslim expatriates who want to apply for a civil marriage in Dubai. I`m looking for a lawyer to draft a prenuptial agreement to submit along with the marriage application in Dubai. Should the agreement be attested and legalized before it can be filed with the marriage application?

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Does the employee compensate for visa costs upon resigning during probation?

Q: Dear Sir/Madam, Does the employee have to compensate the employer for visa costs if they decide to resign during the probation period?

How to defend myself if my employer terminated me without benefits and filed a false theft case?

Q: My employer in Dubai for whom I worked for over a year accused me of stealing cash. HR and their legal team opened an investigation in which they concluded I partnered with my colleague to steal. I was terminated. The legal team opened a case against me in the police. The evidence presented is video footage of my colleague giving me an AED 50 tip that he kept for me in the cash register. The police called me and took my statement. The employer canceled my visa before I signed my termination letter, doesn’t want to pay my settlement, and wants me to empty the accommodation. I have found another job but I am worried that I will not be able to work with an open case. What should I do? I did not steal this money. Is there any way to prove that it was a tip? The video clip is cropped to incriminate me even though it was a legitimate tip.

Can I travel outside Dubai if I have unpaid Etisalat money by postpaid subscription?

Q: I owe Etisalat money by postpaid subscription. Will I be able to leave Dubai for an emergency vacation or will I be held at the airport?

Can the employer refuse my offer to pay compensation instead of serving notice upon resignation?

Q: Hi there. I have resigned in March. My last day is June 12th. When I finish I will have completed 11 months. I have offered compensation in lieu of notice. My company has rejected it. Is this legal for them to reject? Secondly - as said the last day is June 12th. My employer told me today they will not pay me my May salary in May. Instead, they will hold it and pay in my settlement in June. Is this legal? I work in a free zone but their employment rights they have said are as per MOHRE.

How to get a tenant to sign a new contract despite disputes with the previous landlord?

Q: Dear Team, I recently purchased a studio on May 10th for 660k, which is currently rented out for 60k in 2 cheques. The second cheque is due on June 1st. We have approached the tenant to sign the new contract and provide the new cheque under my name. She is refusing to do so due to an "ongoing" dispute she claims to have with the previous agency and landlord regarding chiller charges. She alleges that she was informed that the unit is chiller-free, although this was not specified in the contract. She insists it was verbally communicated during her property viewing, but there is no written documentation to support this claim. I seek your advice on how to proceed to compel the tenant to sign the contract and provide the new cheque promptly, as she has indicated no intention to vacate the premises or issue the cheque. It is important to note that none of these issues was disclosed to us by the previous agent during the transaction. I appreciate your guidance on handling this matter effectively.

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Go to Saudi Arabia for a company project or resign and pay visa expenses. What to do?

Q: Hi, My visa was renewed four days ago in the same company. After the visa renewal, the company is demanding that I go to Saudi Arabia for a one-year project with a Saudi business visa. However, I do not want to go to Saudi Arabia. The company is giving me only one choice: either I go to Saudi Arabia or resign and pay the expenses of the visa renewal. What should I do?

Can a partner be removed by a majority vote of the remaining 75% shareholders?

Q: Dear Sir/Madam, We are four shareholders (25% each) in a commercial brokerage license issued by DED, Dubai. Can the fourth partner be removed by a majority of 75% of shareholders?

Can we expedite a medical error case while the final DHA report is delayed?

Q: Dear Sir/Madam, We received a report from DHA stating that there has been a gross medical error since May 2023. The doctors then asked for a grievance, and we are still waiting for the final report from the High Committee. It`s been almost a year since the first report was shared, but there has been no progress yet. Is it possible for our lawyer to ask the court to accelerate the case or use the first DHA report, considering the delay in receiving the second one?

How to claim my share in a company from a partner who is trying to put hand on everything?

Q: On June 23rd, I was introduced to a gentleman through a friend to partner with on developing a new software solution. For his end of the deal, he was to produce 45% of the software to a spec which was agreed in June, and then once it was built to that spec the company would take over payments. The company was established Aug 23rd. In September, he started asking for payments for 50% of the costs, circa 10k Euro or development would stop. To date, I have paid almost 70k Euro to him for the development. The software only became useable, still not to the agreed spec around 90 days ago. Since then he has been trying to get myself and my wife (jointly we own 45%) out of the company through various means. He tried to steal the domain by accessing my personal Tasjeel account to transfer to his own but this was stopped. He is now threatening to force company closure, no refund of our money, and keep the software for himself. What can we do? He has used almost all my cash to date to get to this point.

If my father's creditors sue him or his company, will my company be liable?

Q: Dear Sir/Madam, My father used to be in business around 7 or 8 years ago in Dubai, but due to financial problems, he had to close it, and he has pending bank loans and bounced cheques from private parties. I have recently started my own business in Dubai, and his creditors (private parties) have approached me for the money, which I cannot afford to pay. If any of those creditors file a case against him or his company, will I or my company be legally liable to pay? Can they file a court case against me?