The concept of inheritance may seem daunting to the family members of a deceased, especially in the immediate aftermath. The options regarding probate in the UAE have been outlined below and serves only as a brief overview.
In this article we explore the similarities and differences between the English divorce process and the provisions of the UAE Personal Status Law (For Non-Muslim Ex-pats)* when dealing with family matters. It is to be noted that procedures can vary depending on the Emirate in the UAE.
Do you want to visit the UK ? If so, we can advise on and assist you to apply for a visit visa.
This a common question which arises with many apprehensions with the varying scenarios.
Do you want to want to take your nanny/ maid on holiday when you are visiting the UK ?If so, you can apply for an overseas domestic worker visa.
While the enactment of Federal Decree – Law No. (41) Of 2022 on Civil Personal Status inheritance has altered the channels of inheritance for non-Muslim residents, the procedure following a death remains unchanged, unless indicated otherwise by the relevant authority.
We all know that marriage is the legally or formally recognized union of two people as partners in a personal relationship and we hope that this would be …. for better or for worse … but in reality, couples argue and sometimes even drift apart.
Not only is there a process for civil marriages for Ex-patriates to take place in Dubai / UAE, the process can now be done within a day, provided that all the requirements are met.
The passing of a loved one is an emotional time, and during this difficult period, one needs to ensure that the legal and formal requirements following the death are adhered to at each stage. In the UAE, the procedures differ depending on whether your loved one passed away at home, in hospital or elsewhere
Federal Law No (41) of 2022 on Civil Personal Status will come into effect on 1st February 2023 and regulates procedures in respect of marriage and divorce. The new Law will regulate marriage conditions and also specify the procedures for divorce.
Federal law No (10) of 2022 on the regulation on the registration of births is the new Law that has been issued to provide clarity on the procedure for registering births (and deaths) in UAE.
On Friday 23 September 2022 the Dubai Land Department (DLD) issued a circular, notifying all property owners, developers, property management companies as well as tenants listed on the Ejari, that they have two weeks, with immediate effect in which to register all co-occupants living at a property in Dubai with the DLD.
Reciprocity of UAE and English Court Judgments - A very useful and timely development in the ever growing international disputes arena, and an excellent result for Mackrell Solicitors, our London member of the Mackrell International legal network.
Buying off-plan real estate refers to buying unconstructed property, during the planning phase or in the early stages of construction, usually directly from a developer, or an authorised real estate brokerage. In this article, we will discuss the rules, risks, and due diligence to be considered when purchasing off plan in Dubai.
Going through a Divorce is often a very difficult time in one’s life and the additional stress associated to sorting out financial matters can only add to already worrying times. It is therefore essential to obtain specialist legal advice on potentially complex matters when deciding to proceed with a Divorce. When filing for Divorce through the English Courts, one needs to be aware that the financial aspect consequent on the breakdown of the marriage is dealt with through a separate process, although within the Divorce proceedings. We are able to guide and assist you through the whole process.
In May 2020 the original commercial agency law Federal Law No. 18 of 1981 (‘’Agency Law’’) was amended for the fourth time by Federal Law No. 11 of 2020 (the ‘’Amending Law’’).
For many unmarried Expatriate couples in the UAE, the new Laws which came into force in January this year, provided hope and reassurance that any child born to them could be recognised in the UAE.
When entering into an agreement with another party, the optimal outcome is to avoid any future litigation or dispute in respect of that agreement. However that is not always the case and where a dispute does arise it is important for parities to be aware of the various roads to resolution available to them aside from going to Court. One such alternative route is arbitration, arbitration has grown considerable traction over the last decade, particularly here in the United Arab Emirates, and many consider it to be the preferred route when it comes to resolving a dispute.
In this article, we will answer the most commonly asked questions relating to Wills and UAE Inheritance laws.
What is a Prenuptial Agreement and is there a need for one?
A new Law on Personal Status for Non-Muslim foreigners was issued in Abu Dhabi recently to include matters relating to marriage, divorce and custody.
Breaking News - DIFC Wills are now VAT-Exempt!
Here is a low down on legally planning a wedding in the UAE during Covid times
Abu Dhabi Wills registration process is now fully online.
On Saturday 8th November 2020, a number of the provisions in the Laws relating to Personal Status, Criminal and Civil matters have been amended, with immediate effect, by Presidential Decree. Various presidential decrees have been issued amending some of the articles in the laws and procedures relating to the Penal Code and the Civil Code.
Many of you will be aware that on Saturday 7th November 2020, the UAE government announced changes in respect of the Law governing matters of Personal Status alongside various other matters of public interest.
On Saturday 8th November 2020, a number of the provisions in the Laws relating to Personal Status, Criminal and Civil matters have been amended, with immediate effect, by Presidential Decree.
In a move to align the public sector and private sector employee benefits and the equal treatment of male and female employees in respect of compensation and parental leave, Federal Decree Law No (6) of 2020 (the Decree) has introduced two amendments to the UAE Labour Law No (8) of 1980 (the Labour Law).
The UAE Cabinet has on 24th August 2020 published Cabinet Decision No. 58/2020 On the Regulation of Procedures Relating to Real Beneficiaries (“the Cabinet Decision”).
We are pleased to announce that James Berry & Associates have partnered with Harris & Co. to assist Businesses and Investments in Israel.
Whilst dealing with Family Law and other legal issues in UAE, you will often be asked to provide attested / legalised documents that have been issued from any Country outside UAE.
The UAE Cabinet has recently repealed and replaced the Economic Substance Regulations (Cabinet Decision No. 31/2019) issued in April 2019 with the Cabinet of Ministers Resolution No. 57 of 2020 Concerning Economic Substance Requirements and its Directives under Ministerial Decision No. 100 of 2020 (“the New Regulations”).
The New Regulations provide more clarity and wants businesses in UAE to be accountable and thus avoid harmful tax practices.
We often get asked about the validity of a marriage that is performed in UAE.
The Jebel Ali Free Zone (“JAFZ”) has in 2018 issued the Jebel Ali Free Zone Offshore Companies Regulations 2018 (“the New Regulations”), thus repealing and replacing the 2003 Regulations.
The whole of UAE has been buzzing with three initial letters “ESR”. If you still don’t know if you are ESR compliant or not, we suggest you look at the brief outline below to save your company from incurring any penalties.
At James Berry & Associates we have experienced an influx of Wills and inheritance enquiries over the last few months.The most common questions enquire as to the possibility of registering local Wills against a backdrop of social distancing and reduced movement around the country in complying with Government-imposed restrictions in place for the safety of all.
In this article I shall summarise the measures currently in place for executing local Wills as well as the steps we at James Berry & Associates have taken and continue to take, to ensure our clients can safely and efficiently continue to register Wills.
We have all been through some testing times in these last couple of months. If there has been a breakdown in the marriage and divorce is inevitable, you should be aware of the processes when it comes to divorce during the current Covid- 19 period.
COVID-19 Pandemic caused a worldwide lockdown and affected companies globally. Many companies closed or had to make mass redundancies. The companies that could maintain their workforce adopted alternative working arrangements by reducing salaries or placing employees on unpaid leave.
Now that in the UAE we are returning to work, what do employers need to be aware of?
In the light of the current circumstances due to the outbreak of COVID-19, the Rulers and Government of Dubai and UAE have taken the following steps for the benefit of its citizens and residents:
These are really two different subjects but what they have in common is discrimination.
Let’s have a look for a moment at what we mean by “discrimination”.
Part 1 – Dubai Courts
The Dubai Multi Commodities Centre (DMCC) has announced a set of new rules and regulations to further enhance the ease of setting up and doing business in DMCC Free Zone. The DMCCA Company Regulations (“the DMCCA Regulations”) has been made effective from 2 January 2020.
A UK spouse visa allows applicants to join their spouse and to live in the UK for an initial period. The most important criteria is that the spouse of the applicant must be a British Citizen, or be settled in the UK through Indefinite Leave to Remain (ILR), other settled status or have a permanent residence for UK.
The beginning of the New Year often marks a child’s first term at a new school. The anxiety faced by parents when their children take those first steps to independence is all too common; however, very few turn their minds to consider the consequences for their children if either or both parents were to fall ill or worse, unexpectedly pass away.
At James Berry & Associates, our family law experts who are qualified Legal Consultants / Solicitors can advise you in this difficult emotional situation. We provide sympathetic personal professional advice tailored to your individual circumstances and requirements. It is likely that you may have preconceived ideas as to what your rights and entitlements are and more often than not, may be misled by the people who you look to for support(although this may be unintentional). We offer specialist family law advice and support in ensuring you make informed decisions moving forward. We will look at your case and consider the most appropriate action for you to take in light of your circumstances. Although we are UK qualified Solicitors, we have a clear understanding of the processes in England, UAE and various other Countries.
Part 3 - Preparing For Sale
When travelling to UK, it is important that you are aware of the Rules and Regulations so as not to fall foul of the law. To enter the UK, you must have a valid passport that should be valid for the whole of your stay.
Five fundamental changes under the new ADGM Employment Regulations 2019
It can be a grueling task at the outset of any commercial relationship to ensure that due diligence and onboarding procedures are thoroughly complied with. Hannah Farooq from our litigation and dispute resolution department discusses in this article, the different ways in which this can and should be completed. In the next part of this series we will delve into the further considerations to be taken into account before and during the process of commencing a new business relationship.
All that risk and hard work has paid off. You have an operating profitable business that could be a very attractive proposition for the right person. It’s time to turn that dream of cashing out into reality, but you’ve never sold a business before and don’t know what to expect. Well we’ve prepared a series of 10 short blogs to give you a flavor of the key steps involved:
Part 1 – Objectives & Viability
Part 2 – When To Sell
Part 3 – Preparing For Sale
Part 4 – Pre-sale Legal Health Check
Part 6 – Price
Part 7 – Professional Advisers
Part 8 - Going To Market
Part 9 – Auction Sales
Part 10 – Legal Road To Completion
Here’s Part 2 – When To Sell
All that risk and hard work has paid off. You have an operating profitable business that could be a very attractive proposition for the right person. It’s time to turn that dream of cashing out into reality, but you’ve never sold a business before and don’t know what to expect.
Well we’ve prepared a series of 10 short blogs to give you a flavor of the key steps involved:
Part 1 – Objectives & Viability
Part 2 – When To Sell
Part 3 – Preparing For Sale
Part 4 – Pre-sale Legal Health Check
Part 6 – Price
Part 7 – Professional Advisers
Part 8 - Going To Market
Part 9 – Auction Sales
Part 10 – Legal Road To Completion
Here’s Part 1 - Objectives & Viability
UAE Islamic culture and law allow polygamy, giving a man the right to marry up to four wives contemporaneously, provided that he treats his wives fairly and does not differentiate between them. For example, if a man has more than one wife, he must provide them all with the same standard of accommodation. He must also divide his time equally between the wives. Read here to know more.....
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On 30 April 2019, H.H. Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, issued the Resolution of the Cabinet of Ministers No. (31) for 2019 concerning Economic Substance Regulations (the "New Regulations").
New DIFC Employment Law – The Changes – Part 2
Top 3 tips for businesses when drafting T&Cs and-or other contracts in Dubai, UAE.
FIVE COMMON MISTAKES MADE WHEN SETTING UP A BUSINESS IN DUBAI
Planning your destination wedding in UAE?10 Things For You & Your Guests To Consider...click here to read more...
Being aware of the avenues for legal recourse that may be available when potential medical errors occur is vital not only for patients, but also for their loved ones. Hannah Farooq of our Dispute Resolution Department provides some insights on the steps and procedures a complainant would take when seeking to launch a formal investigation or complaint.
A total of 122 economic activities across 13 sectors were specified to be eligible for up to 100 percent foreign ownership.
Do you want to visit the UK to see your family or friends, for a holiday or for business? Click here to find out how we can help you.
New DIFC Employment Law – The Changes – Part 1
Expert Advice From our Family Lawyer Dee Popat: Post Nuptial Agreements
When considering the advantages of placing an arbitration clause into contracts as the preferred and agreed method of dispute resolution in UAE, some of the considerations are as follows:
Setting up a business in a free zone in Dubai will soon become much easier and easy on the pocket!
Please click here to read more....
The failure to convene an AGM within the period specified in the Commercial Companies Law can result in penalties consisting of fines ranging from AED50, 000 to AED 100,000. Further, if the losses of an LLC reaches half of its capital, the fines resulting from the failure to hold an AGM can range from AED50, 000 to AED1m.
In March this year, the Home Office confirmed the end of the Tier 1 Entrepreneur visa route. The route has been replaced by the Tier 1 Start-up Visa (in place of the Tier 1 Graduate Entrepreneur visa) and Tier 1 Innovator Visa (in place of the Tier 1 Entrepreneur visa).
The long-term residency visas for expatriates from five selected categories has come into force, enabling them to stay in the UAE for up to 10 years, implementing the UAE Cabinet Decision No. 56 for the year 2018. It allows long-term stay in the country to investors, real estate investors, entrepreneurs, talented people like doctors, researchers, innovators and outstanding students.
For marriages that take place outside UAE, as long as the marriage is valid in the Country you marry in and you obtain the official marriage certificate, it will be recognised by the UAE however there are a number of steps that you would need to comply with.....
What are the rules around bounced cheques?
When deciding the appropriate jurisdiction to divorce in, an influencing factor may be the potential outcomes following a divorce in either UAE or UK. The following is a very brief and simplified overview with regards to potential outcomes in terms of spousal maintenance / compensation in UAE and UK.
It's now easier to sponsor your family in UAE
Annual Leave is a basic right of every employee protected by the UAE Labour Law. Full-time employees working in the UAE are entitled to leave and holidays as per laws in the country, which broadly include annual or recreation leave, sick leave and maternity leave.
While drafting and registering your last testament in the UAE can be costly, legal experts says it’s a necessary expense
No trade name reservation & No Office Lease- get your onshore license today and start your business now!
Previously in the event of a divorce, a wife sponsored by her husband had to either leave the country or obtain a residence visa in her own right*. In the case of a husband's death, the widow could stay in country until the expiry of her current residency visa.
When a matter is litigated through the Dubai Courts, there are a number of steps that one would need to be aware of as the case progresses through the Courts. Below is a breakdown of these steps which exemplifies the approximate time it would take to resolve a case through Dubai Courts.
Is notice period mandatory in all employment contracts?
Dee Popat, our family lawyer, spoke to Gulf News on how to have a happy marriage. Click here to read more...
Multi-employer in the UAE - Working for two employers at one time-Frequently asked questions (FAQ’s)
The last few years have seen significant developments in the area of Wills and Inheritance matters in the UAE.Click here to read further.....
Are you a UK Citizen married to a non UK Citizen?If so, we can assist in obtaining a spouse Visa to visit/ live in the UK
Federal Law No. 8, for 1980, on Regulation of Labour Relations - the UAE Labour Law - has given employees’ rights in relation to their employment including how they may be disciplined, dismissed, how their grievances are handled, wages, absence from work and sickness, holidays, work breaks and working hours, and maternity leave.
There is wide ranging commentary available to the public about the rights of tenants and the obligations of landlords, but there is limited practical advice which focuses on safeguarding the rights of landlords. At James Berry & Associates Legal Consultants, we highlight the top tips for landlords which touch on important practical points to note when placing properties on the rental market in the UAE, specifically in the Emirate of Dubai.
The New Offshore Regulations is more investor friendly and provide additional opportunities for international investors to restructure their businesses in UAE.
Dealing with the death of a loved one is an emotional and harrowing process, and at this difficult time, one needs to ensure that the legal and formal requirements following the death are adhered to at each stage, especially in UAE. The procedures differ depending on whether your loved one passed away at home, in hospital or elsewhere and therefore you should contact the relevant Embassy / Consulate to seek the appropriate advice. It is worth noting that only after the formalities have been completed and the death has been registered with the appropriate authorities in UAE, will you be able to proceed with the funeral arrangements.
Do you provide individual and independent directorship services for companies in UAE? Does the fee you receive for such services exceed the mandatory VAT registration threshold, namely AED 375,000?
The Claimant filed a claim seeking payment of her unpaid salary, and end of service gratuity she owed the Defendant a small amount for an outstanding amount of a loan made to her, which she asked to be deducted from the end of service gratuity entitlement.
Safeguard your children by choosing a legal guardian in the event something happens to you. Know the legal steps to take to protect both your children and your assets
Know about the custodial rights of children in the UAE, the Sharia Law, and the Wadeema Law. Child custodial disputes are decided based on the Sharia law. The Wadeema Law lays down the rights of children and how you can protect them.
On 15th July 2017, a new law was issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, and ruler of Dubai. The new law pertains to the organisation of private facilities in the Emirate of Dubai.
The adoption process for each country varies and you should ensure that you have all the information to assist you with the process in the country of adoption.
The judgement awarded the Defendant the sum AED 116,774.19 towards advance commission paid to the Claimant.....
When a firm is approached by a prospective client on a new matter, the following information of the client is required to be obtained in order to identify who the client is:
As the UAE severed its diplomatic relations with Qatar on 5th June 2017, this has already had a direct impact on a number of individuals and companies living, located or operating within the UAE
If you married abroad, you should make sure that you have your marriage certificate legalised by the Foreign Office in the country of marriage and then attested by the UAE Embassy in that country
We have already guided you on our top 5 decisions for including in a Will (haven’t seen it? Here it is link to previous article). But did you know that a Will can include so much more?
Here are another five considerations…
Quick fire Questions and Answers on Divorce in Dubai
This Article only addresses the Ramadan hours for employees based in the UAE and therefore the Ramadan hours for employees based in the DIFC are outside the scope of this Article.
The one month public consultation for the draft rules of the proposed Technology & Construction Division (“TCD”) of the DIFC Courts recently closed.
Here are our top 5 considerations for making a new Will
The Ministry of Economy (“MOE”) has issued Resolution No. 694 of 2016 (“the Resolution”) to bring more clarity on the position of limited liability companies who have not amended their Memorandum of Association (“MOA”).
If you need advice on the pre-marriage formalities or would like to sign a pre-nupital agreement, contact Dee Popat by emailing her at firstname.lastname@example.org
Your circumstances are constantly changing, as are no doubt, your intentions. What impact do these changes have on decisions that you may have made earlier in your life, and formalised in a legal Will?
Tasleem Sayani was featured in the Ramble Roundup February 2017.
NEW REGULATIONS FOR PRIVATE COMPANIES
It was decided, in this case involving a wheelchair user wishing to board a bus but the space was occupied by a non-disabled passenger that it was not sufficient for the driver of the bus to just request the non-disabled passenger to move and allow the wheelchair user to board.
It’s something that may have briefly crossed your mind, and whilst the thought of your marriage failing is not pleasant (and certainly something we don’t wish on anyone), it’s important to be aware of your rights in a separation, particularly in a marriage where there are children involved and you are both from different cultures.
Companies will be fined AED 2,000 dirhams per day should they fail to amend the MOA by the deadline. Companies will also be deemed to be dissolved. What this means is that your company will have no legal standing
Are you living in UAE and thinking of getting married here ? If so, there are certain formalities that you should be aware of prior to your marriage. Below I will provide an overview of relevant information which I hope you will find useful.
Under Article 37 of the DIFC Law, DIFC employees benefit from a longer maternity leave than mainland company employees. Providing that the employee has been employed for at least 1 year and has met the required notification requirements specified in the law, she will be entitled to a minimum maternity leave of 65 working days. This is an interesting contrast to the UAE Labour Law which provides maternity leave in calendar days.
The Jebel Ali Free Zone (JAFZA), which is one of the first and largest free zone in the UAE, has now issued a new set of guidelines for the companies operating out of JAFZA
These regulations titled as Jebel Ali Free Zone Companies Implementing Regulations 2016 provides all the relevant guidelines for companies already operating in JAFZA and those to be set up in JAFZA.
The Claimant made a claim for unpaid salary and was awarded AED 37,500 as salary for the months of April, May and half of June 2016. The Defendant was also ordered to pay the remaining portion of the DIFC Courts’ Fee in the amount of AED 911.51.
James Berry & Associates is pleased to report that from January 2017, the Dubai International Financial Centre Wills and Probate Registry (DIFC WPR) shall allow assets based in Ras Al Khaimah (RAK) to be
In Dubai, divorce is either governed by the parties' personal law which may be the law of their nationality or their Country's Sharia law, if Muslim.
Post-termination restrictions, often referred to as restrictive covenants, are the clauses in a contract of employment most people are not particularly interested in when they commence employment, but become important once the employee decides to leave the Company, is headhunted or is dismissed
No entrepreneur sets out on his ‘journey of success’ thinking that one day he may be facing the prospect of ‘losing it all’ because he is in dispute with one of his customers or suppliers. However, this can, in reality, be exactly what happens
Should a company fail to amend it's constitution by 30 June 2017, it will be deemed to be dissolved.
ONE STOP SHOP FOR YOUR UK IMMIGRATION NEEDS
When deciding to have children, you should ensure that your.......
A starting point would be for you to list all your assets and belongings which you want to address in the agreement. For example, you may own a valuable family heirloom which you would wish...
In the judgment the Claimant was entitled to payment of his unpaid salary, bonus and end of service gratuity.....
Despite living in a world of high flying jobs, increasing wealth and equality of the sexes, some may still consider the idea of prenuptial agreements to be ‘unromantic’.
Extension of deadline to amend your constitution
It’s a topic that comes up year after year – should you get reduced hours during Ramadan?
How 'off-plan' works by Claire McCarthy
We live in this ideal world where everything is perfect !!! or is this a misconception ?
Frontline Development Partners Limited v Asif Hakim Adil
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