Our legal consultant
Name: Dr Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
My nine-year-old son and I live together in the UAE. I divorced his father four years ago as he refused to work and provide for our family. Now he keeps harassing me with demands for money. He threatens me that once our son is 11, he will withdraw custody. I want to know if the custody of my son will automatically go to his father after he turns 11.
As per the UAE Personal Status Law, a mother is the natural custodian of her son until he is 11. Custody remains with the mother beyond this age unless it is challenged by the father. The court will look into the best interest of the child before withdrawing custody from the mother. We understand that your ex-husband threatens you and demands monetary help. Accordingly, it may be assumed that he is unable to provide for the well being and safekeeping of the child and so the court may decide it is not in your son's best interest to transfer custody to your husband. Eventually, and in light of your ex-husband’s conduct, the final judgment is subject to the court’s discretionary power.
As per my marriage contract, my husband promised to buy a house for me. Now he is threatening to divorce me, saying he does not love me any more. Should we divorce, what happens to my Mahr because the house he bought me has not been paid off yet.
It is important to note that Mahr or a dowry can be immediate or deferred or partly immediate and partly deferred as agreed by both parties. We understand that your marriage contract provides for a Mahr or dowry in the form of a property. Therefore, if it is immediate, you can claim it anytime after consummation of the marriage. Alternately, if it is deferred, you can claim it on divorce. Accordingly, the mortgaged property is your Mahr and therefore your husband must continue with the mortgage payment until it is fully paid. If he defaults on the payment and should the bank auction the property, you have to right to claim your Mahr payment from your husband.
If you have a question for our legal consultant, email media@professionallawyer.me with the subject line “Family Matters”.
UAE currency: the story behind the money in your pockets
Coming soon
Torno Subito by Massimo Bottura
When the W Dubai – The Palm hotel opens at the end of this year, one of the highlights will be Massimo Bottura’s new restaurant, Torno Subito, which promises “to take guests on a journey back to 1960s Italy”. It is the three Michelinstarred chef’s first venture in Dubai and should be every bit as ambitious as you would expect from the man whose restaurant in Italy, Osteria Francescana, was crowned number one in this year’s list of the World’s 50 Best Restaurants.
Akira Back Dubai
Another exciting opening at the W Dubai – The Palm hotel is South Korean chef Akira Back’s new restaurant, which will continue to showcase some of the finest Asian food in the world. Back, whose Seoul restaurant, Dosa, won a Michelin star last year, describes his menu as, “an innovative Japanese cuisine prepared with a Korean accent”.
Dinner by Heston Blumenthal
The highly experimental chef, whose dishes are as much about spectacle as taste, opens his first restaurant in Dubai next year. Housed at The Royal Atlantis Resort & Residences, Dinner by Heston Blumenthal will feature contemporary twists on recipes that date back to the 1300s, including goats’ milk cheesecake. Always remember with a Blumenthal dish: nothing is quite as it seems.
Dhadak 2
Director: Shazia Iqbal
Starring: Siddhant Chaturvedi, Triptii Dimri
Rating: 1/5
COMPANY PROFILE
Name: HyperSpace
Started: 2020
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
Based: Dubai, UAE
Sector: Entertainment
Number of staff: 210
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
Sri Lanka World Cup squad
Dimuth Karunaratne (c), Lasith Malinga, Angelo Mathews, Thisara Perera, Kusal Perera, Dhananjaya de Silva, Kusal Mendis, Isuru Udana, Milinda Siriwardana, Avishka Fernando, Jeevan Mendis, Lahiru Thirimanne, Jeffrey Vandersay, Nuwan Pradeep, Suranga Lakmal.
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THREE
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Awar Qalb
Director: Jamal Salem
Starring: Abdulla Zaid, Joma Ali, Neven Madi and Khadija Sleiman
Two stars
Our legal consultant
Name: Dr Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
