I am a resident of Dubai. I divorced my wife six months ago. The Sharia court granted my former wife the custody of our two children — a six-year-old son and a nine-year-old daughter. The court also directed me to pay her Dh7,000 every month for her expenses. Later, I was informed that she remarried secretly in order not to lose the custody of the children as well as the money I pay her. How I can prove before the court that my former wife has remarried? Evidence may be hard to obtain because I have learned that she got married outside the UAE. There is a chance that the marriage contract has been made outside the UAE. Please advise me how I can get my children’s custody. In case I cannot prove that she has remarried, what does Sharia say about my children’s custody?
I would advise the questioner to file a case before the Dubai Sharia Court asking for the custody of his children on the basis that his former wife has remarried. He may ask the court to inquire about this marriage. In case this is not possible, the questioner is entitled to ask the court to direct his former wife to swear under oath whether she has remarried or not. If the questioner can produce evidence that she has remarried, his former wife will lose custody of the children under UAE Sharia. The questioner also needs to prove before the court by witness statements that he has women, such as his mother or sister, fit to care for the children. Finally, in case the second marriage cannot be proved, the questioner has the right to file a case before the Dubai Sharia Court to get custody when the boy becomes 11 and the girl become 13. The court will pass the proper judgement in this regard.
Renting out a villa
I have a villa in Dubai, which I would like to give out on rent. If I let out the villa to a company for family use only, what are the documents that I should ask them to submit? How can I ensure that the villa is not used for any purpose other than family accommodation?
The questioner may stipulate the terms that protect his interests and rights in the tenancy contract, especially the clause that the purpose of the villa is for family use only. In case the tenant violates this condition, the rent committee will direct the tenant to obey this clause or vacate the tenant from the premises. As for the other documents, the landlord shall collect from the tenant the following:
Attested tenancy contract
Tenant’s passport copy
Post-dated cheques if any and a security deposit
These documents will help the landlord proceed with legal action in case the tenant fails to fulfil his obligations or in case any of cheques bounce.
Withdrawing resignation
I have worked in a company in Dubai for more than four years on a limited contract. Last month, I submitted my resignation after getting a better job offer. My company accepted my resignation and I received all my dues. We agreed to approach the Ministry of Labour to complete the procedures of transferring the sponsorship and cancelling my old visa. However, my manager called me recently and asked me to return to work with a salary and entitlements better than the previous offer. Can I withdraw my resignation although it has been accepted and I have received my rights in full? If I stay with my former company, should I ask them to provide me with a new employment contract stipulating the new salary and entitlements? Do I have the right to ask for an unlimited labour contract because I don’t want to sign a limited contract this time? Do I have to notify the Ministry of Labour in this matter? Is it possible for me to start working again without signing a new labour contract since my previous contract has expired?
The questioner may return to his work again with a new contract and entitlements, and he is free to choose the type of the contract — limited or unlimited. He does not have to notify the Ministry of Labour about the resignation and his decision to stay with his former company. The questioner may return to work despite his contract having expired. According to article No 39 of UAE’s Labour Law (Item 3),
A contract of employment shall be deemed to be a contract for an unlimited period effective from the date of its commencement in any of the following circumstances: “If it is made in writing and concluded for a limited period and both parties continue to perform it after the expiry of the period specified without a written agreement between them, it shall be deemed a contract for an unlimited period”
Ask the Law questions are answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
