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LEGAL ANALYSIS

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PERSONAL INJURY

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CASE INVESTIGATION

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ABOUT US

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Whats going on

LATEST NEWS & UPDATES

Who will get the custody of the child as per the UAE law?

A breakdown of marriage is always a sensitive matter. It can be even more complicated if children are involved.
So if this happens, who will get the custody of the children as per the UAE law?
With the experience of working with many families for over the years, it is apparent that child custody is one the hardest and emotional thing that the couple’s faces when they are decide to end a marriage.
When people get into the conflict of the custody dispute or a nasty divorce, they tend to choose hatred which can lead to worsening the situation and increases conflict. If they choose to deal with it with hatred, the problem cannot be resolved.
This is the time when to decide to consult with a lawyer to get to know their rights and entitlements for custody.
When I start mediation to reconcile between the parties, my aim is not to come out of that meeting to win but to but to hear from the parties and to decrease their conflict as much as possible. My first advice to them is not to split the children and secondly to look after their best interests. 90% percent of the cases are resolved amicably but we have also a number of cases where the parties choose not to agree to write the settlement agreement or does not work due to other reasons such as a party being outside of the country. In this article, I want to share a few things I know:-

1. First of all, UAE courts are accepting the cases and application from citizens and residents or if the marriage has been registered here in UAE courts.
2. We have a Muslim and non-Muslim category for family case registrations.
3. The parties can agree if they do not want the Sharia ’a law to apply and insist to proceed according their home country law. While if the father has a different nationality than the mother, in this case the court can decide whether Sharia law will apply or the law of the father’s home country.
4. In accordance to Sharia’a law, the mother shall have the right of her children‘s custody in case of dispute over the custody unless the judge decided otherwise for the child’s interest. The guardianship over the minor children is granted to the Father which shall include safekeeping, managing and investing his property. It shall be the duty of the child’s father to handle his affairs, correct, guide and educate him.
5. As per Article no. 146 of Federal Law No. (28) of 2005 On Personal Status; the right of the child’s custody shall be awarded to his mother, then to mahram women, provided that maternal relatives shall have precedence over paternal relatives, that the closest relative on the two sides shall be considered except the father in the following order, and that the judge shall consider the child’s interest when he decide his right;

a) The mother.

b) The father.

c) The grandmother, from the mother’s side, and upwards.

d) The grandmother, from the father’s side and upwards.

e) The sisters, giving preference to the full sister, then to the stepsister from the mother’s side, then the stepsister from the father’s side.

f) The daughter of the full sister.

g) The daughter of the stepsister from the mother’s side.

h) The aunts from the mother’s side, in the same order as the sisters.

i) The daughter of the stepsister from the father’s side.

j) The daughters of the brother in the same order as the sisters.

k) The aunts from the father’s side, in the above order.

l) The mother’s aunts from the maternal side, in the above order.

m) The father’s aunts from the maternal side, in the above order.

n) The mother’s aunts from the paternal side, in the above order.

o) The father’s aunts from the paternal side, in the above order.
6. If parents are not exist and the persons entitle to custody reject it, the judge shall choose a suitable person from the child’s relatives or others or a qualified institution for such purpose.

For any further information, please feel free to comment here in below or email us.
N.rahmannejadi@araalaw.com


Salary Cuts Aimed Corona-virus Outbreak

In accordance to the Ministerial resolution No. (279) of 2020 on Employment Stability in privet sector during the period of Application of Precautionary Measures to curb the spread of Novel Coronavirus ; All the establishments affected by such precautionary measure and wishing to recognize their work shall progressively with their actions. In agreement with non-national workers as follows:
1. Implement remote working system.
2. Grant paid leave,
3. Grant unpaid leave.
4. Temporary salary reduction during the referenced period.
5. Permanent salary reduction.
Establishment wishing to temporally reduce the salaries of non-national workers during the said period shall;

1. Make a temporarily supplement to the employment contract between the parties thereto, using the template attached hereto, provided that the same expires by the expiry of its term or validity period of this Resolution, whichever is earlier.
2. Renew the supplement mentioned in paragraph ((1) of this article by agreement of both parties
3. Execute the supplement mentioned in paragraph (1) of this article in two copies, one copy for each party, provided that the employer provides such supplement to the Ministry, when so required.

Bankruptcy or Insolvency


The UAE Cabinet has approved the new law of bankruptcy in September 04, 2016 and has been already signed and approved to continue in 2017. Lately, many companies and retail shops are closed and the owners have left the country with huge number of debtors and cases.

Therefore, the law of bankruptcy drafted which has been implemented in chapter No.5 of commercial transaction law.

The applicant who owns the company inside UAE can submit the request of bankruptcy after 30 days from their non-payment of entire dues in the court. The procedure of reviewing the matter of applicant is decided for each procedure how long the judge and experts will decide on matter anticipated approximately within 90 days. After the award is issued and confirmed the bankruptcy of the company the same judgment will be valid for a duration of 5 years.

The aforesaid law has adopted the law from Japan, Dutch and trusty from English law.

The law only applies for the companies, traders and businessmen who are registered in within UAE including sole establishment company, corporate company, and professional company however, free zone companies; DIFC and Abu Dhabi have their own procedure.

The applicant must submit a request of bankruptcy not later than 366 days of their pending dues.

The law has also considered individuals who cannot pay their debts and loan due to loss of their jobs and impact of the bankruptcy of the company which is call insolvency.

Many of the traders and businessmen raised questions regarding bounced cheques. Please note that the law of bankruptcy will not change the procedure and law of criminal cases with regard to the bounced cheque, however if the company has a case of bankruptcy in the court, we can hold the procedure of the criminal case for bounced cheque for sometime until the court decides the matter accordingly.

Moreover, please note that the foreign branches company who have registered within the UAE can also file a request for bankruptcy, although the mother company is not bankrupt.

After the court decides the bankruptcy of the company, the trusty will be appointed by the court for distributing the assets for the creditors. 

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