What Happens If I Don’t Sign the Divorce Papers?

Marriages are failing – at least that’s the recent trend in the UAE. For example, in 2016, Dubai has seen almost 1,400 cases of divorce. The same is true in Abu Dhabi where divorce is not just increasing, but the number of people getting married is also decreasing. If you are one of the people who is seeking a divorce, then you would need the help of a divorce attorney in Dubai.

Divorce is a difficult process since it has a lot of complications and issues that come with it. Among them is having an uncooperative spouse. Having a spouse who does not want to sign a divorce paper could further worsen the situation. When this happens, what can you do and what will happen to a divorce case?

There are a lot of ways that a spouse may refuse to sign your divorce paper. Some simply don’t want to sign no matter how hard you convince them. Others deliberately fail to respond to a divorce request. Some would even go the length of hiding and make it difficult for them to receive divorce documents. The best lawyer in Dubai could help you deal with this problem.

Now, when one spouse does not want to cooperate then a request to enter a default divorce could be a solution. The court would prepare an order where divorce proceedings would still continue with or without the cooperation of the other party.

The court would need to decide how it will proceed and carry out eventual enforceability of an order. The process could become complicated if one of the parties is outside of the UAE. Thus, consideration would not only include the value of assets involved, the guardianship or custody of the children, but also the possibility of how to enforce court orders abroad.

It would be a good idea to understand what happens if you or your spouse refuses to sign divorce papers or even challenge the divorce case. If you fail to respond to court hearings, you are basically giving up your right of influencing the result of your divorce case. There are legal firms in Dubai who can help you understand your rights and responsibilities. So, be sure to visit one of them.

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Can a Divorced Parent Take Child Out of Country?

Children are precious and they are greatly loved. That is why when a divorce happens or marital relationship breaks down, they are the ones who are greatly impacted. If you and your spouse are taking a separate road, the last thing you want to happen is for your spouse to take your child out of the country without your consent. Read the rest of this article and get to know more about Dubai Divorce Law child custody.

Parental abduction cases

Parental abduction happens when one parent hides, takes, or withdraws the child from the other parent or family member. In the UAE, parental child abduction is considered to be a criminal offence. Among the most common form of parental abduction is when a parent takes their child out of the country.

It is important to note that the UAE isn't part of the 1980 Hague Convention of the Civil Aspects of International Child Abduction. Because of this, the UAE courts do not enforce or handle foreign custody orders. A child custody lawyer could further explain how this could affect your case.

Preventing a spouse from bringing your child outside the country

If you suspect that your spouse is leaving the country with your children or there is a possibility that this may happen, then you need to act fast.

Gather pieces of evidence such as emails, text or voice messages, and Facebook posts, to name a few that would support your claim that your spouse is planning to take your child away from you.

From there, you would need to hire one of the family lawyers in Dubai to help you file a travel ban on your child or children. Once you have appointed a lawyer and all the pieces of evidence were presented, the local UAE court would then proceed in assessing your case.

If your assumption is substantiated by your proofs, then the UAE court would apply a travel restriction on your child. The immigration department would stop your child from leaving the country in any UAE airport.


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Child Custody During Separation

A report was released in 2016 and it shows that one in four marriages in UAE ended in divorce. Divorce can get so ugly and emotional and the ones affected the most are the children. For this reason, it has been a constant question for many people how child custody works in the UAE especially while the divorce is still ongoing. In this case, getting an overview of Dubai Divorce Law child custody would help you make a better decision during your legal battle.

Hadana principle in the UAE

Hadana is an Arabic phrase which means, "means holding a child close to one's heart by protecting and educating." Traditionally, hadana applies to the mother. It means, by default, the mother becomes the custodian of the children while their father becomes the guardian. Lawyers in Dubai could explain this concept very well to you.

While the hadana principle is commonly practiced in the UAE, things can easily change and get complicated. There are certain laws in the UAE that could change how child custody works.

Expatriates and child custody

UAE nationals are governed by the Sharia Law. However, for expats, they have the option to apply the divorce law of their home country or rather choose to be under the Sharia Law.

This is where things can get too complicated. When the expat's home country law goes directly in conflict with Sharia Law, the latter would automatically be imposed. In this case, a divorce lawyer in Dubai can help you determine the best course of action.

According to Sharia Law, the child should live with their mother until they reach their 13th birthday for a girl and 11th birthday for a boy. If the child is at the right age, they can choose to apply for custody.


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Can New Dubai Property Owner Increase Tenant's Rent or Evict Them

Renting a property could be one of the easiest ways to find a place to stay in Dubai. After all, getting a house that you can call your own can be very expensive and perhaps, a little more complicated than just renting. Not only that, but you have to deal with Dubai rental law that can easily become overwhelming.

However, while there are a lot of advantages of renting a property, you can't deny the fact that it is still not yours. Among the many apprehension of renters is the possibility of getting evicted or having to deal with a rent increase. Many renters worry about these problems especially when the property ownership changed.

When your landlord sells the property you rent, does the new owner has the right to increase rent or worse, force you out of the property? This is a valid question that needs the right answer.

As a tenant, it is crucial for you to know your rights when things do not go according to plan. Even hiring a real estate lawyer Dubai could make a big difference in understanding your rights.

Now, if your new landlord wants to increase your rent or want you out, there are a few things you need to remember.

First of all, bear in mind that your new landlord cannot evict you instantly. By law, you should have been given a notice of 12 months prior to your eviction or as long as your tenancy contract is valid.

Moreover, it is worth noting that even if your contract has expired and you have not received a 12-month notice from the new owner, then you can still pay rent and continue occupying the property.

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Be informed - Rental Laws on Commercial Properties

Property Attorney - Rental Dispute Dubai

Renting a commercial property in Dubai means that you and your landlord should abide by the rental laws. However, if you are not too familiar with Dubai rental law, your rights as a tenant can easily be violated. Commercial lease and renting arrangements may vary widely. For this reason, you need to know more about Dubai’s rental laws.

Rental law

The Law No. 26 of 2007 as amended by Law Number 33 of 2008 or also known as the Dubai Tenancy Law regulates the relationship between tenants and landlords in the Emirate of Dubai.

It is highly recommended that you read all the stipulations of the law. However, for the purpose of this article, here are some of the key takeaways you need to know:

When you rent a property in Dubai, you should make sure you have a duly signed and valid tenancy contract that specifically outlines the purpose of tenancy, period and rental value, payment method, the name of the landlord, and location of the property, to name a few.

A valid tenancy contract cannot be terminated by the landlord or tenant alone. Both parties should agree when it comes to termination. You may file rental dispute Dubai if needed.

Once the contract period expires, the tenant can choose to continue occupying the property provided that there is no objection from the landlord. The contract shall be renewed again.

The landlord is obliged to hand over the property in good condition. They are also liable for property maintenance and repair.

The obligations of tenant include paying rent in a timely manner, not making any renovations or changes on the property without a landlord’s approval, and handing over the property to the landlord in the same condition upon the expiration of the contract, to name a few.

The rented property

In commercial lease arrangements, the property being rented is referred to as demise or premise. It is the property, area, facility, or part of a building where the tenant has an exclusive right to use.

There are different types of demise. The type of demise affects the obligation of landlords and tenants. Some examples of demises include unit demise, building demise, and licensed areas. To learn more about the difference of among these demises, you may want to speak to a real estate lawyer Dubai.

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Dubai property laws for real estate investors

Are you an investor who wants to enter Dubai’s real estate market? If yes, you need to be familiar with Dubai’s property laws. Failure to do so may lead to future regret and unsafe deals. Since real estates can be a very costly investment, it is must that you seek legal counsel from a qualified real estate lawyer Dubai.

To ensure that you make the right investment, here are some of the things you need to know about Dubai’s property laws.

What are the Real Estate Laws in Dubai?

Dubai is one of the seven Emirates of the United Arab Emirates (UAE). While the UAE has its own legislation, Dubai, as well as the other Emirates, can pass their own property laws that supplement the Federal Law of the UAE.

In Dubai, through Law No. 7 of 2006 and no. 16 of 2007, Real Estate Regulatory Agency (RERA) was created. They are the focal regulatory authority in property laws. Moreover, if you want to know the specific areas where non-UAE nationals can invest in, you should check Regulation No. 3 of 2006.

Here are other laws that you should also be familiar with when investing in Dubai:

• Law No. 8 of 2007 – this law concerns the escrow accounts for real estate development. 

• Law No. 26 of 2007 – basically, this is about Dubai rental law. It primarily outlines the rights and responsibilities of landlords and tenants. 

• Law No. 27 of 2007 – this law concerns the construction and development of multi-use properties and multi-story buildings. 

• Law No. 13 and No. 14 of 2008 – outlines the registration of mortgage interests.

• Law No. 9 of 2009 – regulates resolutions on how to deal with disputes and issues arising from the cancellation of real estate contracts. In this case, you might as well hire property dispute lawyers Dubai to help you meet legal requirements.

• Law No. 56 of 2009 – regulates disputes that have to do with settling real estate transaction cheques.

• Law No. 7 of 2013 – enacted the establishment of Dubai Land Department (DLD). 

Who can own a real estate property in Dubai?

For many years, the UAE nationals are the only ones who are allowed to own a real estate in Dubai until Regulation No. 7 of 2006 was enacted. Due to the increased interest and pressure of foreign investors, Sheikh Mohammed bin Rashid al Maktoum declared that non-UAE nationals can apply for 10 to 99 years of leases in selected areas.

If you are a foreign investor, you would need to obtain a residential permit first to live in Dubai and consequently, purchase a property. Please note that a residential permit does not allow you to work legally in Dubai.

For UAE nationals and Gulf Cooperation Council (GCC) nationals, they can fully own a property anywhere in Dubai. This is not the case with foreign investors who are only allowed to own freehold, leasehold, and usufruct properties in designated zones.

Seeking legal help

It is no doubt that the laws surrounding properties in Dubai can be very complicated. It takes a lot of effort to ensure that you understand every bit of the property law. Of course, you can study all the nitty gritty details of Dubai’s property laws or you can simplify the process by hiring the expert property attorneys of Motei & Associates. They have the right experience, training, and knowledge in handling property cases. Give them a call today!

Do I need a property lawyer to verify land clearance?

Are you planning to purchase a property in Dubai? If yes, you need to be ready to comply with the different legal requirements. While the whole process of buying a property can be done by yourself, it could easily get overwhelming and stressful. That’s why more and more people are seeking the help of a real estate lawyer in Dubai.

One of the most challenging aspects of purchasing a property in Dubai is finding the right one. You cannot simply choose the first property you could find. In Dubai, property investment can be very costly and you definitely do not want your money, time, and resources to go to waste.

Once you found a property, you would need to do a quick background check on it. Most importantly, you must verify its land clearance situation. Again, you can do this on your own, but you won’t be as effective as having a property attorney on your side.

So, how can a lawyer help you verify land clearance? There are plenty of ways and here are some examples:

• Checking for clear title papers – a title deed shows the ownership of the property. It gives the rights to the owner to use the property in any legal ways they desire. Defective titles can delay the process of purchasing a property and even cancel it. 

• Checking of property tax receipts – you do not want to buy a property with tax issues. A lawyer can check this one for you.

• Checking the authorised land use – In Dubai, lands are systematically divided. There are areas where you can use a land for a certain purpose only. For example, if you are a non-UAE national, you cannot simply buy a property anywhere. You would need to find properties in free zone or those areas assigned by the government for foreign investors.

• Checking for any encumbrance – there are different factors that may prevent a property from getting sold. For instance, if you are buying a resale property, you need to check if it has a mortgage on it or not. If the property is being contested, the court may issue a lien on it as well. There are also instances where a property does not meet local development approvals. Now, these are just some of the examples that could complicate things. Seeking the help of a legal advocate in Dubai is always a wise decision.

Ensuring that you are buying the right property is crucial in your investment. You do not want to regret your choice in the future. While you may need to pay legal fees for hiring a property lawyer, having the peace of mind is priceless.

A property lawyer can do more than just check the land clearance of a property. If you want to know more, it is highly advisable that you get in touch with Motei & Associates. They have the right experience, expertise, and market knowledge to provide professional real estate legal advice. Give them a call today!