Dr Hassan Elhais

How to File a RERA Complaint for Off-Plan Property Issues: Your Legal Options Explained

07 July 2026

Press Releases

Is Alimony in the UAE Subject to Inflation, Evolving Child Needs, and Ongoing Review?

Background The litigation involved the appellant (the mother), and the respondent (the father). The parties were married and had two children. In 2015, a final judgment was issued which set child support (alimony) at AED 2,500 per month per child. This was the norm for nearly ten years. Court of First Instance In 2025 the father initiated a case for a decrease in the amount of maintenance to AED 1,500 for each child. He claimed that he had remarried and had a new family to support. He was burdened with bank loans, credit card debts and rental costs. The father alleged that the mother was not spending the full amount of the alimony on the children. Navigate UAE law with confidence. Become a part of r/KnowTheLaw —your Reddit group for sharp analysis, strategic advice, and real solutions to complex legal matters. The Mother’s Counter-Claim The mother filed a strong counter-suit, seeking an increase in the alimony to AED 10,000 per month for each child. She based her claim on the passage of time. She argued that ten years had passed since the original order. The children were now teenagers (13 and 18 years old), requiring significantly more for their social, personal, and educational needs. She further alleged that father’s income had surpassed AED 80,000 per month. She sought housing allowances, furniture allowances, and expenses for a driver, car maintenance, and a maid. The Court of First Instance relied on the doctrine of res judicata (res judicata) and a narrow interpretation of the UAE Personal Status Law on the age of custody. The Court noted the history of litigation between the parties, and found that claims for housing allowances, car maintenance and a driver’s salary had already been litigated and dismissed or settled. Therefore, it ruled these specific requests inadmissible to avoid re-litigating the same facts. A significant finding involved one of the children. Since she was born in 2007, she had reached the age of 18 by the time of the judgment. Under Article 123 of Federal Decree-Law No. 41 of 2024, the court ruled that custody naturally ends at 18 unless the child has a specific disability. Since the child who had reached the age of 18 was healthy, the mother’s request to extend custody was denied. The Judgment The Court of First Instance ruled the following: Rejected the father’s request to reduce alimony. Rejected the mother’s request to increase alimony. Maintained the status quo of AED 2,500 per child. Court of Appeal The mother appealed the decision to the Dubai Court. During this stage, a critical piece of evidence was introduced by the father’s employer. The introduction revealed that the father was now working as a manager with a monthly salary of AED 77,557. This was a substantial increase from his reported income during the 2015 litigation. The Judgment The Court of Appeal upheld the lower court’s decision, even in the face of evidence of increased income. The court reasoned that the mother did not establish that the children’s needs had changed to such a degree that the current sum of AED 2,500 was no longer sufficient. The court said the current amount was still ‘appropriate’ considering the children’s ages and the present economic situation. Court of Cassation The mother brought the matter to the Dubai Court of Cassation, arguing that the lower courts had committed a "perversion of justice" by ignoring the father’s wealth and the undeniable impact of inflation. The Court of Cassation agreed with the lower courts on the housing issue. It ruled that the mother lived in a property owned by the heirs (including herself) and had lived there for ten years. Since she hadn't actually moved or rented a new place, her claim for a "housing allowance" was deemed premature and unsupported by evidence. Regarding the custody the Court reaffirmed the strict application of Article 123 of the 2024 Law. Since one of the children had reached 18, her legal "custody" had ended. The mother could not sue for custody of an adult. The Court of Cassation took a significant stand on the alimony increase. It identified several fundamental errors in the lower court’s reasoning: The court noted that ten years is a significant period. Children who were toddlers or primary students in 2015 are now teenagers with vastly different requirements. "The price increase is a fact that no one is hiding," the court said. It ruled that general inflation is a judicial fact that courts must take into account when assessing whether old alimony amounts are still "sufficient." The court pointed to the father’s employer’s report. A salary of over AED 77,000 clearly placed the father in the "wealthy" category. Judgment The Court of Cassation annulled the appellate judgment in part and exercised its power to decide on the merits by issuing a new order: The child’s alimony was increased from AED 2,500 to AED 3,500 per month each. The increase was back-dated to the date of filing the suit. All other requests (housing, driver, etc.) remained denied. Conclusion The ruling by the Dubai Court of Cassation is a landmark victory for custodial parents in the UAE. It sets some very strong legal precedents for future alimony disputes. The court's admission that "nobody is unaware of the rise in prices" is a landmark statement. It means that custodial parents do not have to prove the price of every loaf of bread or liter of fuel in order to justify an increase; instead, the judiciary must accept the general economic fact of inflation. The ruling also notes that the needs of a teenager are inherently greater than those of a young child. The passage of a decade creates a "rebuttable presumption" that the original alimony is no longer adequate to meet the child's needs for social and personal development. The court stressed that the personal financial decisions of a father, such as taking loans or remarrying, cannot be used to reduce his children’s financial entitlements. Alimony is based on gross capacity and income, not the net amount after a parent settles optional lifestyle debts. Finally, the ruling noted that alimony orders have only “temporary finality.” They are dynamic instruments that need to be reviewed periodically to ensure that the “dignified life” promised by UAE law remains a reality for the children, regardless of the time elapsed since the divorce. By increasing the alimony to AED 3,500, the Court of Cassation balanced the mother’s request with the father’s demonstrated capacity, ensuring that their children receive support reflective of the world in 2026, not the world of 2015. Frequently Asked Questions 1. If the mother wanted to ask for more time with the child, why couldn’t she? The law 41/2024 sets the legal minimum age for custody at 18 years. This means the law’s goal is to provide stability and continuity for the child until they are adults, irrespective of a parent’s wishes. The court’s priority is to maintain custody arrangements consistently and exceptions are rarely granted. 2. Can a father’ bank loan or personal debt reduce his legal obligation to pay child support? No. A father has to pay child support even if he has debts or bank loans. The court looks at these debts as evidence of ability to borrow or acquire assets and not as evidence of financial hardship. Debts are considered a voluntary obligation, so they do not override or diminish the father’s fundamental duty to financially support his children. 3. How does the concept of “Temporary Authority” function in relation to support rulings and maintenance orders by the court? Support orders issued by the court are considered valid only as long as the key circumstances such as income level or cost of living remain unchanged. The court denied the mother’s housing allowance claim because it was already settled and she could not demonstrate new, significant changes to her situation. She was already living in a property that was partly inherited and she was receiving a housing allowance for utilities. 4. In this case, why did the court deny the mother’s request for an additional housing allowance? Previous decisions can be reviewed and changed if there is a material change e.g. increase in the father’s salary. It guarantees that support orders are reasonable and reflect the current financial circumstances. The court found no basis for further support unless new evidence was submitted or a material change occurred. 5. Does the new legal framework require the court to consider the child’s personal opinion in custody matters? No, although the new law states the court may allow the child to express his/her views, it is not a mandatory requirement. Custody arrangements are legally set to continue until the child reaches 18 years of age. Once this age is reached, the custody arrangement ends automatically, making the child’s preference less relevant to the legal outcome. 6. What factors does the court evaluate to determine whether the level of child support provided is adequate? The court take into account the father’s actual income for example a certain salary (say AED 77,000) and the needs and ages of the children and the level of inflation at the time and the cost of living in the area. The aim is to arrive at a figure that is not only the absolute minimum but that will allow the child to live at a level appropriate to the circumstances.

07 July 2026

Press Releases

When Does the Dubai Family Court (non-muslim) waive Joint Custody?

Background The litigation originated between the husband and the wife. The couple was married in September 2018 and subsequently had a son born in 2022. By the start of 2025, the marriage bond collapsed, and the wife filed a case in the Civil Personal Status Court for non-Muslims. The Wife’s Claims The wife wanted a full decree including: Dissolution of the marriage contract on the ground of the impossibility of continuing to live together. A request that she be awarded sole custody of son and that husband be excluded from joint custody. Alimony for herself, child maintenance AED 5,000 per month and a housing allowance AED 142,830 per year. Provision of a maid, transportation costs, health insurance, and reimbursement for previous household expenditures. The wife’s petition was built on several factual allegations. She claimed that the husband had abandoned his financial responsibilities toward her and the child since 2024. She further alleged emotional neglect, psychological pressure, and an environment detrimental to a toddler, citing husband’s alleged alcohol consumption and eventual abandonment of the marital home. In the custody case her basic argument was that the son was under three and needed the stability of a maternal influence, which the father’s life style and work requirements could not provide. The Court of First Instance The Court of First Instance reviewed the evidence, medical records and financial statements presented by both parties. The court acknowledged the breakdown of the marriage and the father’s non-compliance with maintenance obligations. As far as custody is concerned, the court invoked article 10 of the decree-law no. 41 of 2022 which provides for joint custody. However, the court identified that the son was at a "tender age" where his developmental and emotional needs were inextricably linked to his mother’s constant presence. Judgment The court first issued the following judgment The court granted a final divorce between the parties. The court ruled in favor of sole custody for the mother, effectively removing the father from the joint custody arrangement from the date of the judgment. The husband was ordered to pay AED 4,000 monthly for child support and AED 70,000 annually for a housing allowance (inclusive of utilities). He was ordered to pay AED 3,000 monthly in alimony for the Iddah period and AED 1,000 monthly as a custody fee for two years. He was also obligated to maintain the child’s residency sponsorship and health insurance. The Court of Appeal Both parties were dissatisfied with the First Instance ruling. Husband appealed arguing the financial burden was excessive and the removal of joint custody was a violation of his statutory rights. The wife counter-appealed, seeking more support and a maid. The Court of Appeal revisited the father’s finances. The husband claimed insolvency as a result of a personal and car loan, but the court found otherwise, applying the sophisticated legal principle that obtaining large bank loans is evidence of solvency (Yasar), not the opposite. The court noted that banks grant credit of this size only to people with high income and job security. The court also reviewed the absence of “maid fees” in the Civil Personal Status Law. The court applied Article 15, which allows the court to look to other applicable legislation or general legal principles, and referred to Maliki jurisprudence. It held that a father must provide a servant for his child if the child is at an age requiring constant care and the father is wealthy. Given the child was only three and the mother worked full-time, a maid was deemed a "necessity for care," not a luxury. Judgment The Court of Appeal modified the ruling as follows: Lowered child support to AED 2,500 per month due to father’s other commitments. Ordered the father to provide a maid and pay all costs of recruitment and monthly salary. Solele custody to mother. Joint custody impractical and unsafe due to father's work away from home and young age of child. Dubai Court of Cassation The husband appealed to the Dubai Court of Cassation, saying that the lower courts had misapplied the law when they “stripped” him of his natural right to joint custody, without any evidence of unfitness. The Court of Cassation has carefully examined the legislative intention of the 2022 Decree-Law. It held that Joint Custody is the “absolute original principle” under Article 10, but Articles 18 and 19 provide the judiciary with a safety valve. The court may appoint one custodian to provide safety and stability for the child. The Court's reasoning was built on two pillars: A three-year-old does not have the mental and emotional capacity to manage “periodic transitions” between two different households. Such movement causes confusion, detachment, and emotional instability. Stability in a single, maternal environment was found to be in child’s "best interest." The court noted that the father is a busy professional who is away from home for long hours. Since he lived alone, there would be no one to supervise a toddler during his absence. This created a foreseeable risk of "danger and neglect," which the law seeks to prevent. The court dismissed husband’s claims of excessive financial burden. It reaffirmed that his professional status and recent loan acquisitions proved he could meet the costs of a maid, housing, and maintenance. It specifically ruled that the mother’s employment does not exempt the father from his legal obligation to spend on his children. The husband alleged that he was prevented from submitting documents during the appeal. The court referred to Article 127 of the Civil Procedures Law, noting that once a case is reserved for judgment, the court is not obligated to reopen the doors for new evidence unless it sees a vital necessity. The court found that the husband had ample opportunity to present his case and failed to show how the "new documents" would have changed the outcome. Visitation (Ru'ya) The father claimed the court failed to address his visitation rights. The Court of Cassation noted a critical factual point from the trial records: The father had explicitly stated during a lower court session that "seeing the child twice a week is enough." The court ruled that a party cannot raise a new grievance at the Cassation level if they had essentially conceded or failed to challenge the matter effectively in the lower courts. Judgment The Dubai Court of Cassation ultimately dismissed the appeal in its entirety. This judgment is significant in its clarity on the “Best Interests” standard. Conclusion This case was a milestone in the history of UAE family law. It confirms that the law encourages equality between parents however, the “Best Interests of the Child” is the compass that directs the judge’s hand. Whether custody is shared or sole is not a reward for a parent, but a protective measure for the child. The child’s welfare, as determined by his age and his father’s professional demands, was the only metric that mattered to the highest court in the land. Frequently Asked Questions 1. Whether the law No. 41/2022 mandatory joint custody for all cases? Not all cases under Law No. 41 of 2022, but it is the default position. The court can grant sole custody to the parent best placed to meet the child’s needs, for example if one parent has very long working hours or is otherwise considered psychologically unfit. The court’s highest concern is always the child’s best interests and stability. 2. Why did the court decide to give sole custody to the mother in this case? The court awarded sole custody of the child to the mother because the child was only 3 years old and would have a difficult time moving back and forth between homes. The court also noted that the long work hours of the father would leave the child at risk of being left alone for long hours which could lead to neglect. These factors led the court to find that the mother could provide a safer, more stable environment. 3. Can a parent’s personal bank loan or car loan reduce his or her obligation to pay child support? A parent’s personal bank loan or car loan does not reduce his or her obligation to pay child support. These debts are considered voluntary, and do not take precedence over a child’s needs. The court evaluates the parent’s gross salary and total assets to determine financial capacity. While the law does not specifically mention maid fees, the court may require them if necessary for the child’s welfare, especially if the custodial parent works and the child is very young. 4. Does the age of the child affect the court’s decision as to which parent gets custody? Yes, the age of the child is very important to the court in deciding on custody. The court will also consider the age and development of the child, and the needs that go along with that. For example, a younger child might require more care and supervision, whereas an older child might have very specific preferences about which parent he or she prefers to live with. The court’s main focus is always the child’s best interests. 5. Is the age of the child an important factor in custody determination? Yes, the age of the child is a big factor in custody. Courts tend to give custody to one parent usually the mother for very young children so they can have stability and not be confused or suffer from separation anxiety. Consistency in the living environment of the child is seen to be vital to their emotional and psychological growth, especially during their early years. 6. Is a parent can apply for the termination of joint custody at a later stage after it has been awarded? Yes, a parent can seek to terminate joint custody later if there is a change in circumstances. If a parent believes that joint custody is no longer in the child’s best interest because of abuse, neglect, behavioural problems, etc., they can apply to the court for modification. The court will look at the situation and determine what is best for the child. 7. What did the court decide about the father’s request for expanded visitation and why? The court refused the father' s request for expanded visitation because he had agreed to limited visitation in previous proceedings. Parties cannot change their position or raise new issues that have not been previously discussed. If circumstances change such as concerns of abuse, neglect or the child’s best interest, a parent can ask the court to review and change custody or visitation arrangements.

30 June 2026

Press Releases

Paper Poverty vs. Real Wealth: Is Dubai Family Courts Pierce the Facade to Protect Children First?

29 June 2026

Press Releases

Does Moving to Dubai Give a Custodial Parent the Right to File a New Maintenance Claim?

The dissolution of a marriage ends a partnership, but for the children involved, it marks a lifetime of dependence on the legal system to protect their standard of living. In the UAE, the personal status matters are a fine balancing act between established prior judgments and the changing economic realities of the now. Recently, a ten-year legal battle between two expatriate parents has culminated in a landmark decision by the Dubai Court of Cassation. The case offers an interesting insight into the boundaries of jurisdiction between Abu Dhabi and Dubai, the finality of legal orders, and the court’s ability to modify maintenance to reflect the increasing cost of living and the father’s better financial position. Background: The story begins with a divorce finalised in a foreign country in 2015, with a young girl placed in her mother’s care. After years of legal proceedings in Abu Dhabi, a 2019 ruling set the benchmark for child support. However, the mother moving to Dubai and the child growing up the original award had become inadequate. This gave rise to fresh litigation in 2025 with the mother seeking a substantial increase in maintenance to meet current educational and housing expenses whereas the father challenged the jurisdiction of the Dubai court in this respect arguing that the earlier judgments were res judicata and that the courts of the capital had jurisdiction. The Court of First Instance: In July 2025, the mother commenced an action in Dubai to vary the financial arrangements agreed between the parties six years previously in Abu Dhabi. She was seeking a substantial increase in the level of child maintenance payments to AED 10,000 per month with backdated housing allowances, furniture fees and full payment of school fees and transportation at a particular private school. The Jurisdictional Challenge The father launched a high-stakes procedural challenge claiming the Dubai courts did not have “subject matter jurisdiction”. Since the original maintenance decision was made by the Abu Dhabi courts, and the mother had previously litigated there, he argued the case must remain in Abu Dhabi. He accused the mother of “forum shopping” — choosing a court she believed might be more sympathetic to her claims. Judgment The Court of First Instance rejected the father’s jurisdictional argument. It relied on a foundational principle of the UAE Personal Status Law: the court in the district where the plaintiff (the custodian/mother) or the child resides has the authority to hear maintenance and custody matters. Since the mother had established her residence in Dubai, the Dubai judiciary asserted its sovereign right to protect the interests of a child living within its borders. On the merits of the case, the court recognized that the child was now much older and that the father’s financial position had improved. The court ruled on 6 October 2025 as follows: Increase of Maintenance The court ruled to increase the maintenance to AED 3,300 per month. Total Maintenance: Total maintenance was set at AED 6,000 per month. All-Inclusive: This amount was announced as “all-inclusive” and covers food, clothing, housing, utilities, medical care, and school fees. Retroactive Claims – The court dismissed all claims for unpaid housing and school fees, following the approach that maintenance adjustments normally take effect from the date of the new legal claim. The Court of Appeal: Both parents challenged the decision. The father argued that the mother had made an identical claim less than a year previously that was dismissed, thus violating the “one-year rule” for modifications to alimony. The mother contended that AED 6,000 was a “starvation wage” considering Dubai’s expensive environment, particularly with respect to the specific school fees the father had allegedly agreed to. The Court of Appeal addressed an important procedural issue. By law, a party cannot pursue an increase or decrease in alimony until one year has passed from the last judgment that actually modified the amount. The court explained that if a previous request for an increase was rejected, the one-year period does not begin anew. Since the last actual change was in 2019, the mother was well within her rights to seek an increase in 2025. The Judgment The Court of Appeal attempted to provide more "clarity" to the award. Instead of a lump sum, it redistributed the AED 6,000 as follows: AED 3,000 for basic living (food and clothes). AED 36,000 annually (AED 3,000/month) specifically for housing. AED 1,000 for utilities. AED 1,000 for school fees. The Court of Cassation: The case was brought twice before the highest authority, the Dubai Court of Cassation. However, the Court of Appeal made a subtle but important mathematical and legal error in this process, sometimes calculating the total as AED 8,000 and other times attempting to fit it into a lower total, thus creating a contradiction in the reasoning of the judgement. The high court's review was focused on the sanctity of the "comprehensive" nature of maintenance and the correct application of the law Analysis of the "Unbundling" Error The Court of Cassation identified a major flaw in the appellate court’s approach. The Court of Appeal had, in effect, rewritten the 2019 judgment by “dissecting” the maintenance amount into separate categories (housing, school, food), without a clear legal justification or a change in the nature of the obligation. The original 2019 Abu Dhabi judgment had established the maintenance as a comprehensive package. This violated the principle of Res Judicata – the finality of the original judgment’s structure. Analysis of the Math and Logical Consistency The cassation court also noted that the Court of Appeal had misread the lower court’s logic. The first court had granted an increase of AED 3,300 on top of the original AED 2,700, equalling AED 6,000. However, the Court of Appeal had mistakenly believed that the first court intended to award AED 8,000. This “corruption in reasoning” made the appellate judgment legally untenable. Final Judgment The Court of Cassation exercised its power to finally determine the issue: The court affirmed that the Dubai courts have full competence to hear the cases for the residents irrespective of the place of the first divorce. Restoration of the Award in Full: The court held that the maintenance should be a single lump-sum amount to enable the mother to adjust with changing needs of the child. The Court considered that AED 6,000 per month was a fair compromise between the father’s financial means and the child’s need to have a good life in Dubai. The pay is backdated to the date of the lawsuit, July 28, 2023. Conclusion: This landmark ruling is the expression of several transformative principles in UAE Family Law. Firstly, it confirms that geography dictates protection: a mother and child living in Dubai are protected by Dubai’s laws and courts, even if their legal history began in another Emirate. This prevents a “jurisdictional trap” where a parent is forced to travel back and forth to a city, they no longer live in to seek justice for their child. Second, the court clarified the One-Year Rule, by pronouncing that rejection of an alimony claim does not bar a subsequent claim, the court opens the doors of justice. A parent whose financial situation worsens a month after a failed court bid is not forced to wait an entire year to seek help; only a successful change in alimony triggers the waiting period to ensure stability. Finally, the court reinforced the Sanctity of Comprehensive Awards. By striking down the appellate court’s attempt to "unbundle" the maintenance, the Cassation Court protected the custodian’s right to manage the household budget holistically. A father cannot micromanage which dirham goes to electricity versus which goes to school fees if the court has established a lump-sum obligation. Ultimately, the judgment in this decade-long battle ensures that the child receives AED 6,000 per month—a significant increase from the 2019 baseline. It reflects a judiciary that is human-centric, economically aware, and fiercely protective of the child’s right to a standard of living that evolves as they do. Justice here was not in adherence to the old numbers but in the flexible application of the law to the living, breathing reality of a family’s needs in 2026. Frequently Asked Questions: 1. Is there a time limit for filing a claim for modification of maintenance after a dismissal? There is no time limit to file a new action for maintenance before the expiry of one year from a dismissal by a court under the UAE family law. The one-year moratorium in Article 97 of the Personal Status Law (Federal Decree-Law No 41 of 2024) applies only to final judgments on the merits that actively increased or decreased the quantum of maintenance. Since a dismissal neither changes the financial status quo nor adjudicates the merits of the amount, res judicata does not apply, thus enabling the plaintiff to bring a fresh application immediately on valid legal grounds. 2. How to determine the Territorial Jurisdiction between Dubai and Abu Dhabi in family matters? Territorial jurisdiction in maintenance dispute between Dubai and Abu Dhabi is mainly determined by the domicile, habitual residence or place of employment of either party under Article 3 of the Personal Status Law. However, under Article 104 of the UAE Constitution, the Dubai Judiciary is completely independent from the Federal Judiciary. Therefore, if the custodian mother establishes lawful residence within Dubai, the Dubai Courts have exclusive, non-delegable jurisdiction over the maintenance action, overriding any legacy proceedings or prior judgments issued by the Abu Dhabi Courts to protect the beneficiary’s local domicile. 3. Does the father’s choice of a school constitute a commitment to pay its full fees regardless of the cost? As a general rule of equity, unilateral instatement by a father of his child in a particular private school is an implied financial promise to pay all tuition costs associated therewith. This obligation is legally enforceable unless the father can show that the decision was conditional and agreed to by the custodian. However, lacking clear evidence of the mother’s consent to a maintenance set-off for enrolment at a premium school, the court will reject the father’s unilateral conditions, but the judge retains overriding discretionary authority to independently assess and cap tuition fees to prevent an unconscionable financial burden. 4. What is the doctrine of ‘temporary finality’ in personal status judgments? In the context of the family law of the UAE, judgments on continuing matters such as maintenance and custody are not fully final but are subject to the doctrine of ‘temporary finality’. This legal principle states that judgments on such matters are authoritative, only so long as the financial and factual circumstances that underpinned the judgment are not changed from the circumstances prevailing at the time of the judgment. Given that maintenance is tied to fluctuating variables such as inflation, changing living costs, or a party’s income, a material shift in these conditions causes the prior judgment’s finality to lapse, legally permitting a judicial modification. 5. Does the Court have discretion in Denying Petition for Evidentiary Investigation? Yes, the trial court has wide, plenary discretion to determine whether an investigation or oral testimony is necessary in maintenance cases. If the presiding judge finds that the documentary evidence presented such as certified salary certificates, audited bank statements, and executed lease contracts is sufficient to determine the truth, the court may impliedly deny a party’s motion for further investigation. Such denial is a proper exercise of judicial economy and does not constitute a violation of the constitutional right to defense, if the requested measures are found to be unnecessary.

29 June 2026

Press Releases

Is Joint Custody the New Standard for Muslim Families Under UAE Personal Status Law?

Background The legal saga of the two individuals began as a marital union under Islamic law that resulted in the birth of their son in June 2017. However, the domestic peace was short lived by April 2021, the marital relationship had fractured to the point of a physical separation. The wife alleged that she was forcibly expelled from the marital home and left without financial support for years, while the husband contended that the wife had voluntarily abandoned her domestic duties and her son, who remained primarily in his care. For nearly four years, the parties lived in a state of legal limbo separated but not yet legally divorced during which time a shadow arrangement of informal joint custody emerged, where the mother visited the child on weekends. In 2025, the conflict escalated into a full-scale judicial battle when the wife filed for divorce, custody, and comprehensive back-dated maintenance, while the husband counter-sued for full custody and a declaration of her disobedience. This case eventually forced the Dubai courts to decide whether a mother’s four-year silence on seeking full custody constituted a legal waiver of her rights and how to apply the modern concept of joint custody to a Muslim family traditionally governed by the rigid hierarchy of custodial entitlement. Court of First Instance In April 2025, the wife filed a case before the Dubai Primary Court. Her demands were long and included re-establishing her legal status and securing the future of the child. The court investigated the claims of abandonment and non-support. The wife sought back dated alimony from 2021, housing allowances of AED 150,000, and comprehensive support including a car, a maid, and a laptop for the child. The husband countered that his income was a mere AED 5,000 per month and that he had been the sole provider and caregiver for child during wife's absence. The Court of First Instance looked at the reality of the child’s life over the previous four years. It found that child had lived primarily with his father and paternal grandmother. Since the child was well adjusted in his current environment and the mother had not legally challenged this arrangement for years, the court leaned toward maintaining the status quo. The Judgment The court ordered the father to pay AED 1,500 monthly in marital alimony (back-dated to 2023) and AED 600 as a transportation allowance and the continuation of the current marital home arrangement. With regards to the custody the court ruled in favour of the father, granting full custody of the child, while rejecting the mother's claim for custody. Court of Appeal Dissatisfied with being denied custody, the wife/mother appealed, while the husband/father appealed to contest the alimony and the "good treatment" order. During these proceedings, a separate judgment finalized their divorce. The Court of Appeal took a revolutionary approach and it observed that for the past four years, the parents had effectively shared the child’s time the mother taking him on weekends and the father during the week. The court found that the mother’s silence was not a waiver of her love but an acceptance of a shared reality. The court identified that the husband had concealed his true income. While he claimed AED 5,000, court investigations revealed he was a partner in a limited liability company. Consequently, the court found him capable of higher support. Judgment The Court of decided to modify the custody order to Joint Custody. The child would stay with his father from Friday evening to Sunday evening and with his mother from Sunday evening to Friday evening. Awarded the mother AED 30,000 annually for housing and AED 1,700 monthly for the child's maintenance during her custody periods. Awarded the wife/mother AED 500 monthly as a custody fee. Court of Cassation Both parties brought the matter to the Dubai Court of Cassation. The wife sought sole custody and higher maintenance, while husband argued that Joint Custody was a concept foreign to the Islamic Personal Status Law and is limited to civil disputes. The wife alleged that the marriage was still valid and that she had a right to receive the alimony. The Court of Cassation dismissed this as the final judgment that found a legal divorce had taken place. This ended her right to receive marital alimony and medical insurance under the husband's sponsorship after the Iddah period. As for the joint custody for Muslim, the court noted that this was the most critical legal finding. The husband/father claimed that under Islamic Law, custody is allocated in a strict hierarchy (Mother, then Father, then Grandmothers). The Court of Cassation noted that Article 114 of Law No. 41 of 2024 gives the Judge full discretion to decide custody in the best interest of the child. It held that if the child is incorporated in the lives of both parents, the Joint Custody is a valid judicial tool that ensures that the child benefits from both parents, even if in a Muslim family. The court clarified that the wife did not “waive” her rights by waiting four years; instead, she had maintained a continuous relationship through weekend visits, which justified the transition to a formal joint arrangement. The father challenged the AED 1,700 maintenance and AED 30,000 housing allowance. The court reiterated that the trial court has the “absolute authority” to estimate maintenance based on the father’s lifestyle and inferred partnership income, irrespective of his stated salary. The wife requested a maid. The court applied the Standard of Custom. Since the wife did not prove she came from a background where she was traditionally served by maids, and since the father's income was not classified as wealthy, the court upheld the refusal to grant a maid. The Judgment The Court of Cassation dismissed both appeals and upheld the Appellate Court’s ruling in full. Conclusion This decision is a landmark for the Dubai judiciary and lays down many new legal principles. The court confirmed that the modern concept of joint custody can be applied to Muslim families if it is in the best interest of the child, moving away from the more rigid “Sole Custody” models of the past. A parent who remains in contact with a child without filing a formal suit is not “waiving” the right to custody but rather exhibiting a collaborative parenting model that the court may then formalize. The Dubai courts will look beyond a “salary certificate” of AED 5,000 if the provider is a business partner. The judiciary uses “Exploration Reports” to verify that maintenance is paid according to the actual economic capacity of the father. By awarding Joint Custody, the court made sure that the child has the educational stability with his father and the necessary emotional nurturing by his mother during the school week. In the end, this decision reflects a sophisticated judiciary that prioritizes the lived reality of the child over abstract legal definitions. It ensures that “Best Interests of the Child” continues to be a flexible, compassionate and effective standard of justice for the 21st century. Frequently Asked Questions 1. Is it possible to get a maintenance order increased shortly after a court judgment is passed? As a general rule, maintenance orders are not reviewed immediately after final judgment and it is expected that a reasonable period of time, often one year, will pass before an increase is requested. Article 97 of the UAE Personal Status Law No. 2024. An exception is in s 41 where there is evidence of a material change in financial circumstances. Where it is proved that the economic position of the paying party has improved significantly or there is clear evidence of apparent wealth such as the purchase of luxury assets, the court may decide to review and adjust maintenance immediately to reflect the actual financial capacity of the obligated party. 2. Does the finding of disobedience absolve the father’s obligation to support his children? No, a disobedience ruling only touches on the financial rights of the wife in respect of spousal maintenance and marital support. It does not impinge on the independent rights of children to be financially cared for by their father. Child maintenance is a continuing and separate obligation to provide for the basic needs of the child such as food, accommodation, education, health care and other basic living expenses as recognised by UAE family law. It is the legal duty of the father to fulfill these obligations no matter what the mother’s conduct in marriage or her legal position. 3. What is joint custody like in practice in Dubai family law child custody cases? Joint custody is ordered in the interests of the child and in light of the practicalities of the family situation. The Court’s practice, including Case 89/2026, permits the division of custody by assigning individual days of the week or weeks to the parents. For example, one parent can take care of the child on school days while the other parent takes weekends, thus ensuring both emotional and educational stability. Financial obligations can also be divided proportionately and both parents are required to cooperate on matters of great importance concerning schooling, healthcare, and the overall well-being of the child.

29 June 2026

Press Releases

Can ‘Disobedience’ dismisses a Mother and Child of Their Rights in Dubai?

Background: Married under Islamic law and having one daughter the couple’s life in Dubai was marked by allegations of domestic mistreatment. The wife alleged that the husband engaged in persistent verbal and physical abuse, a claim she supported by citing police reports that she eventually withdrew in hopes of maintaining family unity. But the situation reached a climax in October 2024, when the wife left the marital home with their toddler daughter and returned to her home country, Egypt. The husband viewed this departure as a premeditated act of disobedience claiming she kidnapped the child and fled without his consent and, thus, lost her right to alimony. The wife argued that she returned to Egypt with his full knowledge because he failed to provide a safe, independent home for her and the child, away from his children from previous marriages. However, in October 2025, the wife returned to UAE, to re-establish her life in Dubai. The husband wanted to punish her for her absence by stripping her of her financial rights, while the wife fought for a decent standard of living in the high-cost surroundings of Dubai, which required everything from health insurance to domestic help and residency sponsorship. Court of First Instance The legal action was filed in the Dubai Court of First Instance in June 2025, while the wife and child were in Egypt. The husband sought to have the mother declared disobedient and to have her custody and alimony rights removed. The wife countered with a detailed claim for spousal support, child maintenance and a range of household costs. The Court of First Instance focused on the physical act of the wife leaving the marital home. Judgment The court held that the wife had technically abandoned the marital domicile without a legal excuse by traveling to Egypt with the child without the husband's documented consent. The court also found the wife disobedient and revoked her personal alimony rights from her leaving in October 2024. While the court ruled on the mother’s status, it upheld the child’s right to support, and ordered the husband to pay AED 500 a month to the child support. The husband was ordered to pay AED 500 monthly as a housing allowance for the custodial mother and child. The court confirmed the wife’s right to custody of child, emphasizing that the mother’s disobedience does not necessarily disqualify her from being a fit custodian for a young child. Court of Appeal Both parties appealed the decision. By this stage, the facts had shifted significantly, the wife had returned to the UAE with the child. The Court of Appeal took a more refined view of the "disobedience." It found that the wife’s departure was not an act of disobedience but a consequence of the lack of an independent, safe living environment. It is stated that the husband’s failure to provide a suitable marital home meant she was not legally disobedient in leaving. However, the court maintained a conservative stance on financial figures, arguing that since the mother and child had spent a significant period in Egypt where the cost of living is lower the maintenance amounts should reflect that reality. Decision The court removed the disobedient status and reinstated the wife’s right to alimony of AED 600 per month. Surprisingly, the court reduced child's maintenance to AED 400 per month. The court ordered that a sum of 17,800 Egyptian Pounds (which the husband had previously paid) be deducted from the total alimony owed. The court refused the request to order the husband to sponsor the residency visas for the wife and the child or provide health insurance, reasoning that the wife’s presence in the UAE was temporary and she could rely on Egyptian social services. Court of Cassation The wife brought the case to the Dubai Court of Cassation. The Cassation Court reviewed the reasoning of the lower courts in depth, especially regarding the father’s obligation to provide for a child living in the UAE. The Court of Cassation examined the decision to award only AED 400 for child support. It noted that the lower courts had based their calculations on the Egyptian economy. According to Federal Decree-Law No. 41 of 2024, alimony must be sufficient to provide a dignified life based on the economic situation of the time and place. The court ruled that with the wife and child returning to the UAE, the Dubai cost of living was the required standard. A ruling of AED 400-600 in one of the world’s costliest cities was deemed insufficient and a failure to provide the child with a limit of sufficiency. The wife argued that without residency sponsorship and health insurance, she and the child were in legal and medical peril. Articles 116 and 117 of the 2024 Law require the father to pay for issuance and renewal of identity documents and official papers for the child. The Court of Cassation stated that residency visas and health insurance are fundamental necessities, not luxuries. Because the father is the natural guardian and provider, he is legally bound to ensure the child has legal status in the country where they reside. The lower court’s refusal to grant these was marked as a mistake. Regarding the wife’s request for a car, a driver, and a maid, citing husband's wealth the court stated that while the father must provide for the child's needs, these specific requests (car/driver) are subject to the father’s real wealth. Since wife did not provide documented proof of husband’s extraordinary income to justify a private driver, the court upheld the refusal of these specific luxury items, though it maintained that basic maintenance must be increased. Judgment The Court of Cassation issued a Partial Reversal stating that the husband to provide health insurance and residency sponsorship. Reversed the low maintenance amounts (AED 400-600), ordering the Court of Appeal to re-evaluate them based on Dubai’s current cost of living. Reversed the refusal of the furniture allowance, ruling that a child living in the UAE must have a properly furnished home provided by the father. Sent the case back to the Court of Appeal to set new higher figures. Conclusion: This case is a landmark victory for the custodial mothers and children in the UAE. It establishes several critical legal pillars. A father cannot pay home country rates if the child is physically present in the UAE. The local economy is the only valid yardstick for the real need. The father’s duty to provide includes the legal paperwork necessary for the child to stay in the country. A father cannot use residency status as a tool against the mother. In the eyes of the Dubai Court of Cassation, medical insurance is an essential component of maintenance, equal in importance to food and shelter. Finally, the court successfully navigated the complex disobedience narrative to focus on the child. By ruling that child’s health, legal status, and dignified living were paramount, the court ensured that parental disputes do not strip a child of their basic human and legal rights. The case serves as a warning to providers. The judiciary will look past strategic claims of disobedience to ensure the child is never the victim of a marital war. Frequently Asked Questions 1. Can the father refuse to renew the mother’s residency visa if she has left the family home? No, the father cannot refuse to renew the mother’s residency visa if she has left the marital home provided she is the legal custodian of the child. According to the new Civil Personal Status Law in the UAE, the father has a duty to facilitate the mother’s residency if she is caring for their child and intends to remain in the UAE. This requirement exists so the mother is able to provide proper care and supervision for the child within the country. The law seeks to protect children from the risk that custody could be affected by their residency or immigration status and to prioritize the best interest of the child. 2. Does a finding of “Nushuz” (disobedience) mean the wife loses all her financial entitlements? A court’s finding of disobedience may result in the loss of the wife’s personal alimony; however, it does not automatically strip her or, crucially, the child of all financial rights. Child support, housing, and medical care for the child are protected and continue to be the father’s responsibility, regardless of marital disputes. In fact, courts may even overturn a finding of disobedience if there is a legitimate reason for the wife’s actions such as unsuitable or unsafe housing which was the case in the matter under discussion. 3. Who is legally entitled to retain the child’s passport, and can this change? Generally, under UAE law, the child’s passport is held by the guardian, who is most often the father. Nevertheless, the father is expected to cooperate and hand over the passport to the custodial mother when travel is required for the best interest of the child. Should the court detect that the father is being unreasonably obstructive or using the passport to control the mother, the court has the authority to order that the passport be kept permanently with the mother to ensure the child’s welfare and ease of travel. 4. What was the reason behind the court’s decision to re-examine the AED 400 child support order? The court decided to re-evaluate the AED 400 monthly support because that amount was calculated based on the cost of living in Egypt, not the UAE. The Dubai Court of Cassation ruled that when a child is living in the UAE, support should be based upon the standard of living, expenses and general cost of necessities in the UAE, which is much higher than Egypt’s. The law states that child maintenance should be enough for a decent life in the country where the child lives, and the court found the initial amount was not enough. The court shall consider the actual needs of the custodial mother and child, in relation to the father’s actual ability to pay. If the father’s income is moderate or limited, the request for such additional amenities may be refused to avoid unfair financial pressure. Such provisions are considered to be above the basic necessities, and are justified only where the father’s wealth is significant and the need is well established. 5. Is it legally permissible for the custodial parent to travel abroad with the child without the father’s consent? Article 116 of the law states that generally, to take a child abroad, the written consent of the other parent or official permission of the court is required. If the custodial parent takes a child on a trip without such consent, this can be considered a violation of the parental rights of the non-custodial parent, but it is not a direct cause for the loss of custody. In such a case, the courts will look at the circumstances and take action or not, as the case may be, depending on what is in the best interests of the child.

29 June 2026

International Family Law Expert Dr. Hassan Elhais Speaks in Singapore

International HNW Family Law Round Table 2026, attended by professional lawyer Dr. Hassan Elhais.The exclusive summit was organized in Singapore by Drew & Napier, led by Shu Mei Hoon. The summit brought together the leading family law practitioners from around the world to discuss the challenging cross-border issues facing the high net worth families. Dr. Elhais has over 21 years of extensive legal experience and has successfully handled over 8,000 cases, making him a leading family lawyer Dubai trusts with complex international disputes. The round table discussions allowed the lawyers in Dubai and the UAE to share insights on jurisdictional issues, asset protection, and child relocation. This collaborative effort enhances the global legal community’s capacity to assist the clients with multi-jurisdictional family law matters. Dr. Hassan Elhais Joins Elite Family Law Practitioners in Singapore Background of Dr. Elhais as Leading Family Lawyer Dubai Dr. Hassan Elhais moved to Dubai in 2006 and has been working as a Legal Consultant at Amal Alrashedi Lawyers & Legal Consultants. His practice is mainly in the area of family law affecting expatriates in the region, including divorce, child custody and financial support matters. Thanks to his specialist expertise, professional lawyer Dr. Hassan Elhais has become highly sought after by high-net-worth individuals faced with complex cross-border family disputes. He is a member of several prestigious international legal organizations. He is an associate member of the American Bar Association and a full member of the International Academy of Family Lawyers, the International Bar Association and the International Society of Family Law. Dr. Elhais is the first expatriate member within the UAE jurisdiction of the International Academy of Family Lawyers, a mark of distinction from international peers who consider him a leading specialist in his area. More than his memberships, Dr. Elhais is the elected co-chair of the Relocation of Children Committee at IAFL, engaging in international discussions on child relocation cases relevant to the Singapore summit agenda. His work involves collaborating with top lawyers in Dubai and other jurisdictions to develop best practices for multi-jurisdictional child custody issues. Dr. Elhais has been consistently ranked by Chambers & Partners in Band 1, Family/Matrimonial (High Net Worth) in 2022-2025. He has been awarded over 30 awards in his career including the Corporate LiveWire and ACQ5 Global Awards for Civil Law and other international organizations. He has proven his thought leadership through over 300 local and international publications addressing the complex legal issues faced by practitioners and their clients in the UAE. Navigate UAE law with confidence. Become a part of r/KnowTheLaw —your Reddit group for sharp analysis, strategic advice, and real solutions to complex legal matters. Invitation to the Exclusive Round Table Event Given his eminence in international family law associations and his proficiency in cross-border HNW matters, Drew & Napier has extended an invitation to Dr. Elhais to join their International HNW Family Law Round Table 2026. Shu Mei Hoon, who leads the Singapore firm, brought together a few family law specialists from Dubai and international practitioners to address the jurisdictional challenges of wealthy families overseas. His co-chair role in the IAFL’s Relocation Committee added value to discussions on child relocation cases and asset protection strategies for lawyers in Dubai working with international clients. Drew & Napier Hosts International HNW Family Law Round Table 2026 About Drew & Napier's Role in Global Family Law Drew & Napier LLC has a leading private client dispute team covering private wealth and family matters, international cross-border multi-jurisdictional disputes and traditional family litigation. The firm helps clients develop strategies to de-conflict disputes and also deals with unresolved litigation, mediation, adjudication or arbitration. Their practice is focused on establishing the proper jurisdictional and legal grounds for divorce, separation or annulment proceedings. The firm deals with the complex cross-border matters relating to child relocation disputes and child abduction, working with foreign counsel when necessary to protect client interests in different jurisdictions. Their lawyers are experienced in the full range of international jurisdictional and conflict of laws disputes and remedies. International marriages raise issues of locating, valuing and enforcing against assets around the world, as about 40% of marriages in Singapore involve an international person. Shu Mei Hoon Leads the Singapore Summit Shu Mei Hoon is the organizer of the International HNW Family Law Round Table 2026 in Singapore. She became a Fellow of the International Academy of Family Lawyers in 2021. In 2023 she was appointed to the board of governors of IAFL. In 2024 she was inducted into the Private Client Global Elite directory for her expertise in international private client and family disputes. She delivers legal expert opinions to courts in various jurisdictions, including England and Wales, India, Australia, Hong Kong, and New Zealand. She is a Certified Digital Assets Advisor and resolves complex family disputes involving cryptocurrency and other digital assets. Her formative experience is in commercial litigation and international arbitration, having acted for corporates under SIAC, ICC, CIETAC, UNCITRAL and DIAC rules. Format and Structure of the Round Table Discussion Round table meetings enable both parties and their solicitors to negotiate toward amicable settlements through direct discussion. The format provides time for all participants to focus on bringing matters to conclusion, with lawyers present to advise and support throughout the process. Key Topics Discussed at the Family Law Summit Cross-Border HNW Family Disputes The summit focused on the multi-jurisdictional family proceedings, which require coordination between different legal systems and the enforcement mechanisms. The cross-border disputes involve analyzing forum shopping, jurisdictional challenges and the strategic coordination to ensure the best venue is chosen. For professional lawyer Dr. Hassan Elhais and other attendees, these matters demand a sophisticated representation across the international divorce proceedings and the complex enforcement actions while maintaining a consistent strategy across all jurisdictions. Child Relocation Cases in International Context The relocation of children internationally was a key point of discussion, particularly as Dr. Elhais is co-chair of IAFL’s Relocation of Children Committee. Courts consider relocation proposals based on evidence and the lived experience of children in each scenario. The welfare of the child is the guiding principle, not the preference of parents. Recent cases suggest that relocation applications should be assessed holistically, examining all realistic possibilities and how the child’s daily life would look either staying or relocating. Asset Protection Strategies for High Net Worth Families Legal practitioners explored the innovative approaches to tackle the jurisdictional challenges and international enforcement mechanisms across the different legal systems. Asset protection requires working with the forensic investigators and recovery specialists to locate the hidden assets and contest fraudulent transfers. Dubai based family lawyers and their international counterparts, debated the trust structures, offshore arrangements and business valuations demanding advanced legal expertise. Jurisdictional Challenges for Lawyers in UAE and Beyond In Dubai, lawyers experience specific difficulties when foreign nationals are seeking to apply the laws of their own countries on personal status issues. The requirement to submit full texts of foreign laws in Arabic translation and with certification makes the process almost impossible to implement and many courts choose to apply domestic law. These procedural difficulties impact the UAE practicing lawyer, dealing with cross border issues where different legal systems intersect. What UAE Clients Can Learn from International Family Law Practices Global Best Practices Applicable to Dubai International platforms like the Drew & Napier round table facilitate knowledge sharing that benefits the UAE practitioners and their clients immediately. The Federal Decree-Law No. 41 of 2024 modified the divorce, custody and maintenance systems to align with the global best practices. The new legislation raises the age of child custody to 18 years and standardizes the enforcement of spousal support for the expatriates and Emiratis. Similarly, the expatriate couples can elect foreign personal status regimes under the civil laws for enhanced legal certainty. Abu Dhabi has adopted a no-fault divorce system for non-Muslims, adopting the international models discussed at such gatherings. The jurisdiction permits divorces within a short span of 14 days with effective court management. The mediation practices have improved with a better understanding of domestic abuse, including economic abuse, reflecting the changes in England and Wales and the UAE. Strengthening UAE-Singapore Legal Cooperation Lawyers in Dubai who work across jurisdictions with international practitioners are useful to clients dealing with family matters that cross multiple jurisdictions. Dr. Hassan Elhais is a professional lawyer who along with the other attendees of the Singapore summit helps to build these required connections. This means that UAE family law practitioners are exposed to international dispute resolution approaches and can share regional expertise with global colleagues at events organized by firms such as Drew & Napier under the leadership of Shu Mei Hoon. Conclusion Drew & Napier’s hosting of the International HNW Family Law Round Table 2026 under Shu Mei Hoon’s leadership is a landmark event for the family law experts globally. Importantly, the exclusive conference created an essential platform for the top-tier lawyers to tackle the complex international matters. The interactive setup encouraged the substantive exchanges on the jurisdictional challenges and advanced legal tactics. Similarly, these global conferences develop the networks of professionals that benefit wealthy families facing the cross-border litigation. Frequently Asked Questions 1. What is Dr. Hassan Elhais's background and experience in family law? Dr. Hassan Elhais is a highly experienced lawyer, with over 21 years of legal experience and has successfully handled more than 8000 cases. He moved to Dubai in 2006 and specializes in family law matters affecting the expatriates including divorce, child custody and financial support cases. He has been ranked Band 1 by Chambers & Partners in Family/Matrimonial (High Net Worth) and has received more than 30 awards during his career. 2. What international legal organizations is Dr. Elhais affiliated with? Dr. Elhais is a member of several leading international legal organizations including the American Bar Association (associate member), the International Academy of Family Lawyers, the International Bar Association, and the International Society of Family Law. He is the first expatriate member of the International Academy of Family Lawyers in the UAE jurisdiction and is the elected co-chair of the Relocation of Children Committee at IAFL. 3. What was the purpose of the International HNW Family Law Round Table 2026 in Singapore? The summit attracted elite family law practitioners from around the world to discuss the complex cross-border issues facing the high-net-worth families. Topics included multi-jurisdictional family disputes, children’s relocation, asset protection strategies and the jurisdictional issues. The round table format allowed for direct discussion and knowledge sharing amongst the international practitioners. 4. How has UAE family law evolved to align with international best practices? Federal Decree-Law No. 41 of 2024, amended the laws of divorce, custody and maintenance in the UAE. The new law increases the age of children for custody to 18 years and makes enforcement of spousal support uniform. It also allows expatriate couples to adopt foreign personal status systems. Abu Dhabi has also introduced a no-fault divorce system for non-Muslims, allowing divorces to be completed in as little as 14 days. 5. What makes cross-border family law cases particularly complex? In cross-border family law cases, a number of legal systems are involved, requiring cooperation among different jurisdictions and enforcement procedures including the forum shopping analysis, jurisdictional conflicts, cross-border identification of assets, international enforcement of court orders, etc. These problems need high-level representation and coordinated strategies to get the best results for the clients with global connections. 6. Does Dr. Hassan Elhais specialize in any other areas of law besides family law? Yes. Dr. Hassan Elhais is an internationally-known authority in the field of International Family Law, but his academic qualifications, including a Master's Degree and PhD in Civil Law, combined with more than 20 years of experience, enable him to manage a wide range of legal cases. He is a specialist in Criminal Defense and Commercial Litigation having achieved great success for his clients in complex white-collar crime cases, financial fraud, and high-profile corporate disputes. He also offers expert advice in the fields of Arbitration, Banking and Financial Law, Corporate Governance, and cross-border Estate Planning in Dubai, Abu Dhabi and throughout the UAE.

03 June 2026

Do UAE Courts Look Beyond Claimed Insolvency in Child Support Cases?

Background The dispute arose from the breakdown of the marriage of the husband and wife, who have a 7-year-old daughter. The couple divorced in 2021 and, following an appeal modification in 2022 that set child maintenance at AED 3,000 per month, the relationship was formally ended through “Khula” in 2023 [a process in which the wife surrenders certain personal financial rights in order to obtain a divorce]. However, such waivers do not extend to the rights of the children. In May 2025, the wife initiated a litigation seeking a substantial increase in all financial provisions. She argued that the previous orders were nearly three years old and no longer reflected the reality of a child's needs as a growing school going child. She cited the dramatic rise in Dubai’s rental and cost of living market, as well as the husband’s apparent wealth, which she alleged included latest model luxury vehicles and significant business interests in a successful business corporation. Court of First Instance The Court of First Instance focused its investigation on the fundamental legal pillar of "Ease vs. Hardship". The father painted a picture of a deteriorating financial situation post-global pandemic, but the court exercised its investigatory powers to look beyond the paper. Wealth Findings The court found documented evidence that directly contradicted the appellant’s claims of insolvency. In particular, the court found that the husband had recently purchased a new expensive car, a vehicle of high net worth status. Further, corporate records showed he owned a 49% interest in an active commercial entity. A significant factor in the court’s decision was the husband’s behaviour throughout the litigation. The husband was given multiple opportunities during the case management phase to provide a detailed rebuttal, audited financial statements of his company, or evidence of the alleged foreclosure on his property. He remained inactive during this time. The court viewed this was not just as a procedural delay, but as a failure to meet the legal burden of proof required to claim hardship. The Judgment The court ruled that the father’s apparent wealth justified a significant upward adjustment to ensure the child shared in his standard of living. Therefore, the court decided, Child Maintenance increased to AED 3,500 monthly, to award the mother AED 800 monthly as a fee for custodial care, AED 50,000 annually for rent and utilities, plus a one-time AED 15,000 furniture allowance. Ordered a recruitment fee of AED 8,000 and an AED 1,000 monthly salary for a maid, recognizing that a toddler requires constant supervision while the mother works. Court of Appeal The husband appealed the decision, raising a defense based on the "right to a defense." He argued that the lower court had rushed to judgment and had not properly considered his "true" financial status. In a notable attempt to explain the luxury vehicle, the husband argued that the new luxury was registered in his name only as a favor to a friend who lacked UAE residency. He further claimed that his villa was an unmanageable bank debt under a "rent-to-own" scheme and that his business was in a state of terminal decline. Judgment The Court of Appeal rejected these justifications. It held that the First Instance Court had followed proper procedure by providing him ample time to respond, which he neglected. Most importantly, the court applied a strong legal presumption that assets registered in an individual’s name are legally presumed to be owned by that individual. The judiciary has no obligation to investigate verbal “side-agreements” or “favors” concerning luxury assets, as doing so would undermine the reliability of official registries. The court found that if a man has the creditworthiness to register a luxury vehicle and a villa in his name, he possesses the "ease" required to support his child. Hence the Court of Appeal upheld the initial judgment in its entirety, finding the outward markers of wealth far more credible than unproven claims of post-pandemic debt. Court of Cassation The father brought the case to the highest judicial authority, alleging a "perversion of facts" and "faulty reasoning." The Court of Cassation, focused on the application of Article 97 of the Personal Status Law. The Court of Cassation clarified a vital point of law. Alimony judgments are only temporarily final. They remain valid only as long as the circumstances (economic and personal) at the time of the ruling remain unchanged. Once a significant time passes (typically one year) or a major change occurs such as global inflation or the child moving into a new educational stage the previous judgment loses its authority. The court ruled that three years of inflation and the child’s transition to primary school were more than sufficient grounds for a review. Burden of Proof and Luxury: The court emphasized that the burden of proving insolvency lies strictly with the provider. The husband’s failure to provide audited financial statements for his company was fatal to his appeal. The court held that judicial insight allows a judge to equate the possession of luxury items with financial capacity. If a father can afford the insurance, fuel, and registration for a luxury car, he is legally deemed capable of providing enhanced support for his daughter. The Judgment The Court of Cassation dismissed the appeal and ordered the father to pay all legal costs. In its decision, the court found lower courts’ reasoning to be well-founded and supported by law, and that the best interests of the child should be paramount over the father’s personal financial preferences. Conclusion This case is a clear statement on parental accountability in the UAE. It demonstrates that the judiciary will not tolerate “paper insolvency” to mask a provider whose lifestyle suggests otherwise. These ruling lays down basic pillars for family law. External signs of wealth create a “rebuttable presumption” of financial capacity. The court will not investigate hidden liabilities if the provider seems to be well off. The law recognizes that inflation and the increasing cost of living are objective realities that need a review of maintenance figures to avoid the reduction of the child’s standard of living. As the child grows, their social, educational and medical needs increase. The law ensures that maintenance is a “living” obligation that rises with the child. Ultimately, this case reaffirms that in the view of the Dubai Courts, the “Best Interests of the Child” are paramount. The law acts as a shield to ensure that when a parent prospers, the child prospers with them, and that the duty of maintenance is carried out with honesty and transparency. Frequently Asked Questions (FAQ) 1. Can a parent ask for increase of maintenance before the expiry of one year from the date of last decision of the court? The law generally requires that at least one year should elapse before a variation of maintenance can be requested. There are exceptions, however, in cases of special circumstances. In this case, three years had elapsed and the mother had a right to ask for an increase based on inflation and the increasing needs of the child. Courts may permit requests to occur earlier if such requests are based on substantial changes affecting the welfare of the child. 2. If the owner of a luxury car says it’s not his, but the documents say it is, is the owner of a luxury car rich? Yes, Courts usually look at the official registration records to find out who the owner is. If a luxury car is registered to a person’s name, this is deemed to be that individual’s asset and a show of wealth, even if the owner claims the car is the property of a friend or was purchased using a loan. Such assets are factored in when assessing support. 3. What does the court decision on support or custody mean when it is “temporarily authoritative”? A decision is “temporarily authoritative” if it is final and enforceable only if the relevant facts income, health or living arrangements do not change. If they do change significantly, either party can approach the court for a variation of the order. This ensures that court decisions keep up with real life changes. 4. Why the court fixed the mother’s child support request from AED 11,000 to AED 3,500? The father’s income, the actual needs of the child and expenses such as housing and a maid were taken into consideration by the court. The court ruled that AED 3,500 a month, along with housing and a maid, was sufficient to maintain the child’s standard of living. The court’s aim is to strike a balance between the child’s needs and the financial situation of the parents. 5. Can father get out of paying child support if he can demonstrate that his business is in deep financial trouble? Financial hardship may reduce the amount of support to be paid, but usually does not eliminate the obligation to pay support. The father must provide strong official financial evidence to prove genuine hardship. 6. What was the ruling of the Court of Cassation on the father’s argument that he was denied the opportunity to present a case? The court found that the father had been given two separate opportunities to reply and had been represented by counsel throughout the proceedings. As he failed to participate when given the opportunity, UAE law accepts that he cannot later claim that his right to defense has been violated. He continued to trade and owned luxury assets inconsistent with his insolvency claims and the court refused to grant his stay of payments application. Timely participation is essential to preserve such rights in court. 7. How does the new law account for inflation and private schooling in determining the appropriate level of child maintenance? The new law requires that the child’s existing social and educational standards be upheld. If a child attends private school and the father has substantial means, he is obligated to cover school fees and transportation costs separately from ordinary support for food, clothing, and other necessities. This way inflation and educational needs can be properly managed.

03 June 2026

Can DNA Cannot Undo Fatherhood? Dubai Courts Protect Child’s Identity and Right to Maintenance

Background The story of the litigation of two individuals (husband and wife) is a story of a marital breakdown that became a protracted legal battle over the identity and support of their infant son. The parties were married under Islamic law but the relationship disintegrated shortly after the child’s birth leading to an official separation in March 2024. The conflict immediately bifurcated into two distinct legal battles. One over the "biological truth" and another over "financial liability." The husband, disputing his paternity of their child, sought to negate the child’s lineage but a 2024 judgment definitively established the child as his legitimate son based on the legal principle of the sanctity of the marriage bed. The husband, however, refused to perform his parental duties, despite the last judicial ruling. In late 2025 the wife raised a suit for claiming maintenance for the then one-year-old child. The husband tried to use the maintenance claim as an indirect means to re-open the paternity dispute by a demand for DNA testing and a stay of the financial proceedings. This created a considerable procedural deadlock and the courts were forced to consider whether scientific curiosity could ever override the finality of a settled legal status for the sake of a child's immediate survival. Court of First Instance The first proceedings took place in the Dubai Court of First Instance. The wife, in her capacity as the custodial mother, provided a detailed account of the child’s needs, stating that the father had stopped all support entirely following their separation. The mother sought a high standard of support, including the Child Alimony, Housing, money for utilities (DEWA and Internet), Recruitment fees for a maid and a monthly salary of AED 1,500, Provision of a car and a monthly allowance, Pre-emptive coverage for nursery/school fees and comprehensive health insurance and Furniture and Eid clothing twice a year. Investigation The court focused its investigation on husband’s financial capacity. In UAE family courts, when a provider's income is not transparently declared, the court utilizes an "Expert Report" (Tahari). An investigation ordered by the court into the provider’s bank accounts, property holdings and business interests to determine their “Ease or Hardship”. The court found that the husband was in a stable financial position to provide a reasonable standard of living for his son. However, the court also applied the “Principle of Sufficiency” which requires that alimony should cater to the child’s basic needs without being a punishment to the father. The Judgment The court granted the mother sole custody and ordered the father to pay AED 2,000 monthly (covering food, clothing, and non-school transport), AED 24,000 annually for housing (inclusive of all utility bills), AED 10,000 (one-time payment) for furnishing, AED 1,000 for each of the two Eids annually, AED 400 monthly as a fee for the mother’s caretaking services. The court rejected the requests for a car and health insurance for the mother, noting that the law focuses maintenance strictly on the child once the marital bond is dissolved. Court of Appeal Both parties were dissatisfied with the initial ruling and filed an Appeals. The Father’s appeal was not merely about the money; it was a challenge to the child’s right to exist as his legal heir. He informed the Court of Appeal that he had filed a new, separate lawsuit specifically requesting a DNA test. He asked the Appellate Court to stay the alimony case until the DNA results were finalized, arguing that it would be "unjust" to force him to pay for a child that might not be his. Judgment The Court of Appeal rejected the request for a stay. The judges relied on a foundational legal pillar. They noted that the Dubai Court of First Instance had already issued a final judgment in 2024 confirming child’s lineage. The court held that lineage is a Primary Issue that had already been settled. In the UAE, once a child is legally linked to a father through a valid marriage contract, that status becomes a protected right. It cannot be questioned in a secondary suit for maintenance. The court ruled that father’s attempt to demand a DNA test at this stage was an "impermissible re-litigation" of a settled fact. The Court of Appeal affirmed the lower court’s ruling in its entirety. It found the alimony and housing allowance to be perfectly balanced with the current economic climate of Dubai and the father’s financial profile. Court of Cassation The husband brought the matter to the Dubai Court of Cassation. The Court of Cassation addressed the two core issues: the biological challenge and the financial assessment. The Finality of Lineage vs. Scientific Evidence The husband’s main complaint was that the lower courts “ignored” his request for a DNA test that he claimed was his right in accordance with modern scientific standards. The Court of Cassation clarified the hierarchy of evidence in accordance with Articles 92 and 93 of the Personal Status Law (No. 41 of 2024). Judgment Lineage is established by mere birth of a child during a valid marriage. The court noted that the father had already challenged child's lineage and had even lost a prior Cassation appeal on the same matter. The court ruled that a final judgment on lineage has Absolute Authority. It prevents the parties from ever discussing the matter again. Even if new technology or DNA test are available, they cannot be used to overturn a “Finality” status of a settled legal matter. The court emphasized that children’s lives cannot be kept in a state of legal limbo based on a parent’s shifting whims. The Court of Cassation dismissed the appeal in its entirety. Conclusion This judgment is a definitive statement on the stability of family law in the UAE. This case reinforces that in the UAE, the law values social and familial stability above all. Once a court declares a child to be the son or daughter of a man, that declaration is a shield. It protects the child from being "de-parented" in future financial disputes. A father cannot use an alimony case to perform a second attack on a child's lineage. Alimony in Dubai is not about winning or punishing. The initial estimate of the court for an infant being AED 2,000 shows an emphasis on the basic needs of the child but also the ability of the father to pay. The use of expert reports and standard tables promotes predictability and fairness in the calculation of alimony. The court’s decision not to stay the alimony case while the father sought a DNA test makes a strong statement. The child’s requirement for food and shelter is a right that cannot be postponed to the end of long-term legal proceedings. The child’s right to survival and dignity of life takes precedence. While the UAE law allows for DNA testing in cases of Unknown Lineage, this case makes it clear that DNA cannot be used to deny a lineage that has already been established by a valid marriage or a prior final court order. The law prioritizes the legal reality of the family over a purely biological one once the courts have spoken. In the final analysis, the child’s rights were preserved not just by his mother’s advocacy, but by the court’s rigid adherence to the finality of the law. The father’s appeal was dismissed because the law refuses to allow the foundational rights of a child—their name and their support—to be traded for procedural delays or scientific re-evaluations after the final gavel has fallen. Frequently Asked Question 1. Paternity dispute in court – can the father ask for DNA test in a child support case? The reason is that Article 92 and 93 of Law 41 of 2024 states that paternity by marriage or by final court order cannot be challenged in a maintenance case. The legal fact is res judicata there is no possibility to re-examination even with new DNA evidence. This is to safeguard the child’s legal rights and identity and to prevent re-litigation of settled issues in subsequent cases. 2. What is the procedure to obtain and the purpose of an “Expert Report” in family maintenance case? Purpose of an expert report in court maintenance cases is a judicial inquiry mechanism, which provides a means to ascertain a person’s actual financial condition, where official documents are lacking or insufficient. The procedure is the court directs field investigations or administrative inquiries to ascertain the provider’s assets, lifestyle and actual income. This ensures the maintenance amount is calculated on the basis of the provider’s actual financial capacity and not just on the basis of the reported earnings thus ensuring a fair determination of the child’s entitlements. 3. How is the “Dubai Procedural Guide” used in determining the quantum of child maintenance? The “Dubai Procedural Guide” provides standard tables categorizing maintenance into bands according to income and number of dependants. Although there is some scope for judicial discretion, the tables are intended to facilitate consistency and fairness in awards and prevent arbitrary decisions and to contribute to the setting of the “Sufficiency Level” the level of income required for a child’s dignified upbringing. 4. Why was the father’s claim of financial hardship or insolvency rejected in the child maintenance trial? The court dismissed the father’s insolvency as the evidence in the expert report does not support the claim. The law prefers the minimum needs of the child, which include food, housing and healthcare, over the claim of temporary financial hardship of the father. So long as the father is shown to have basic means, he is responsible to meet his child’s essential requirements veven in times of financial hardship. 5. Can a father use a sworn allegation to deny paternity once it is established by marriage or court order? No, once paternity is established by marriage or explicit or implicit recognition, or by a final court ruling, the father loses the right to use sworn allegation (“Li’an”) to deny the child’s lineage. A sworn allegation (“Li’an”) must be invoked immediately upon birth or discovery of pregnancy and under strict conditions. The law places the child’s right to identity and stability above a delayed denial attempt by the father after paternity recognition. 6. What is the legal position on paternity and the right to maintenance when a child is born outside a valid marriage? Paternity can be proved by the admission of the man or by scientific means such as DNA testing particularly where the parentage of the child is unknown. Once paternity is proved in this way, the legal consequences including the right to maintenance and the finality of judgment are the same as if the child was born inside a valid marriage. In such cases the child’s rights are equally protected.

03 June 2026

Corporate and M&A

New UAE civil law takes effect June 1: How it will reshape daily life and business

Dubai: A landmark restructure of the UAE’s civil legal framework will come into effect on June 1, introducing far-reaching changes that will impact how residents, families, businesses and young adults enter contracts, manage assets, resolve disputes and seek compensation. Federal Law No. 25 of 2025 on the Civil Transactions Law will replace the UAE’s Civil Code that has been in force since 1985, ushering in a new era of legal clarity, accountability and predictability in civil dealings. Among the most significant changes is the reduction of the legal age of adulthood from 21 to 18. Under the new law, 18-year-olds will, in many civil matters, be recognised as adults, allowing them to sign agreements, manage finances, participate in civil proceedings, establish businesses and deal with certain assets without requiring parental or guardian approval. However, legal experts say the reform extends well beyond the age change, introducing comprehensive updates to rules governing contracts, negotiations, liability, compensation and dispute resolution. Wider impact on daily life The changes are expected to affect a broad range of everyday transactions, from renting homes and signing service agreements to resolving failed business deals and pursuing compensation claims. A central feature of the new legislation is the strengthening of obligations that apply before and after a contract is signed. Individuals and companies will be required to act in good faith during negotiations and disclose important information that may influence the other party’s decision. Failure to reveal material facts could carry legal consequences. The provisions are particularly relevant in transactions involving property purchases, business partnerships, long-term service agreements, investment projects and settlement negotiations. The objective is to reduce disputes arising from hidden information, misleading representations or sudden withdrawals from negotiations after one party has already incurred costs or acted in reliance on an expected agreement. Clearer compensation framework The law also introduces greater clarity regarding compensation claims. Courts will assess the actual damage suffered, the connection between the wrongful act and the resulting loss, and whether the injured party contributed to the harm. As a result, compensation awards may be reduced where the claimant’s own actions worsened the loss. Courts will also have authority to review pre-agreed contractual penalties if they are deemed excessive or fail to reflect actual damages. For consumers and businesses, this could affect provisions relating to late-payment charges, cancellation fees, delay penalties, service penalties and compensation clauses. Time limits and record-keeping Another notable reform concerns limitation periods for civil claims. The new law provides clearer guidance on deadlines for filing cases, making it increasingly important for residents and businesses to identify the type of claim involved and act within the prescribed timeframe. Legal experts say this places greater emphasis on maintaining proper documentation. Emails, text messages, invoices, contracts, payment records and written notices may become crucial evidence if disputes later reach the courts. Enforcement of judgments The legislation also strengthens the framework for enforcing civil judgments. Once a judgment becomes final, enforcement measures may extend to bank accounts, movable assets, receivables and property, depending on the nature of the case and procedures outlined in the Civil Procedure Law. Cross-border and free-zone contracts The reform also addresses contracts involving multiple legal jurisdictions. While the UAE mainland follows a civil law system, separate legal frameworks operate within financial free zones such as the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM). Under the new law, parties entering contracts will be encouraged to clearly specify which legal system governs their agreement and where disputes will be heard. This is expected to be particularly important for investors, property owners, businesses and residents involved in cross-border transactions or free-zone-related activities. Greater awareness of legal obligations Legal experts view the reforms as part of a broader effort to modernise civil transactions and encourage responsible conduct. Dr Hasan Elhais, Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the changes reinforce the principle that contracts are legally binding commitments rather than routine paperwork. “The practical effect of this law is that people will need to be more careful before they sign, not after a problem happens,” Dr Elhais said. “Many residents sign tenancy agreements, service contracts, loan documents, partnership agreements or property-related papers without reading every clause. The new law makes clarity, disclosure and responsibility more important, so both sides should know exactly what they are agreeing to.” New responsibilities for young adults According to Dr Elhais, lowering the age of adulthood to 18 grants greater independence but also introduces greater responsibility. “For young adults, this is a major step towards independence,” he said. “But independence also means accountability. If an 18-year-old signs a binding contract, opens a business or takes on a financial obligation, the decision may no longer be treated as something that can easily be reversed because of age.” Good-faith negotiations gain importance Dr Elhais said the enhanced good-faith provisions could help prevent disputes before contracts are finalised. “In many cases, the disagreement is not only about what is written in the contract but about what was said before signing, what was not disclosed, and whether one party was led to believe something that was not true. The new law gives more weight to this early stage,” he said. He added that the reforms should encourage landlords, banks, employers, service providers and business owners to simplify contractual documents and improve transparency. “When contracts are written clearly, and important information is shared from the start, many disputes can be avoided,” he said. Importance of written records Dr Elhais also urged residents not to rely solely on verbal assurances. “People should keep written records, ask questions before signing and make sure any important promise is included in the contract,” he said. “A simple message, email or written clarification can make a big difference later.” A new phase for civil transactions Legal experts believe the reforms signal a shift towards a more clearly defined civil legal environment in the UAE, where individuals and businesses enjoy broader rights but also face clearer obligations. The law will govern most civil transactions across the country, although specialised areas such as employment, family matters, banking, insurance and certain free-zone activities will continue to be regulated by their respective laws.

03 June 2026

Construction

Dubai buyer wins fresh hearing in Dh4.6m hotel apartment dispute

Dubai: A Dubai property buyer who paid more than Dh4.6 million for what he believed was a hotel apartment has secured a fresh hearing before the Court of Appeal after discovering the unit handed over to him was classified as residential instead. In a significant ruling, the Dubai Court of Cassation overturned an earlier appeal judgment that had dismissed the buyer’s claim to recover Dh1.55 million, finding that the lower court failed to properly address key contradictions in the evidence and objections raised against an expert report. The dispute centres on a luxury property in Dubailand that was sold by a Dubai-based developer in October 2013. Court records show the buyer agreed to purchase the unit as a hotel apartment for Dh3.13 million and later paid additional service and maintenance charges, bringing the total amount paid to Dh4.69 million. According to the buyer, the project was scheduled for completion in December 2015, but the handover was delayed. When the property was eventually delivered, he claimed he discovered the unit was residential rather than hotel-use — a difference he argued fundamentally altered the nature and value of the investment. The buyer also alleged construction defects and a discrepancy in the unit’s actual area compared to what had been agreed in the contract. The legal battle, which began in 2021, has passed through several stages before Dubai courts. In 2022, the Dubai Court of First Instance ruled in the buyer’s favour, cancelling the sale agreement and ordering the developer to refund Dh4.69 million with interest. That judgment was initially upheld before later being overturned by the Court of Cassation. The case then continued over an alternative claim filed by the buyer seeking Dh1.55 million, which he argued had been paid without legal basis. In May 2025, the Court of First Instance accepted that claim, but the Dubai Court of Appeal later reversed the decision and dismissed it. The buyer challenged the appeal ruling, arguing that the court had relied heavily on a supplementary expert report prepared using account statements submitted by the developer. He said those statements contradicted both an earlier expert report and a clearance certificate issued by the company confirming receipt of Dh4.69 million. In its latest ruling, the Court of Cassation stressed that while courts are entitled to rely on expert reports, they must address serious objections raised by plaintiffs when those objections could influence the outcome of the case. The court found that the appeal court failed to properly examine the buyer’s arguments, particularly the alleged inconsistencies between the original expert findings and the supplementary report. Judges also noted the developer’s defence that the clearance certificate confirming the Dh4.69 million payment had been issued mistakenly by its accounts department. The Court of Cassation ultimately overturned the appeal judgment and referred the case back to the Court of Appeal for reconsideration. It also ordered the developer to pay court costs and Dh2,000 in legal fees. Legal experts say the dispute highlights the importance of precise property classifications and clear documentation in Dubai’s real estate market. Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the distinction between a hotel apartment and a residential unit is far from a minor contractual detail. “The distinction between a hotel apartment and a residential unit is not a minor description. It may affect the buyer’s expected use of the property, its commercial value, the return on investment and the obligations attached to it,” he said. “When a purchaser enters into a contract on the basis that the unit will have a particular use or classification, any alleged change in that use can become a central issue in determining whether the buyer received what was actually agreed.” Dr Elhais added that the ruling also reinforces the importance of maintaining accurate records in real estate transactions. “In real estate disputes, a clearance certificate, payment record or expert finding can carry significant weight,” he said. “If there is a contradiction between documents, the court must be able to see a clear path explaining which evidence was accepted, which was rejected and why.”

03 June 2026

Dr. Hassan Elhais Addresses Cross-Border Custody Enforcement at IAFL Symposium

Dr. Hassan Elhais is one of the best family lawyers in Dubai and Abu Dhabi for cases involving children cases, especially those requiring cross-border enforcement of custody. He was elected co-chair of the Relocation of Children Committee of the International Academy of Family Lawyers (IAFL) and he recently spoke on key issues for expatriate families at the IAFL Asia Pacific Symposium in Kuala Lumpur. Dr. Hassan Elhais is a professional lawyer who has developed expertise in dealing with cases that are specific to expats living in UAE including cross-border matters such as parental child abduction and the enforcement of foreign financial judgments. He extensively discussed the challenges of international custody disputes and the proposed improvements to the legal system to assist the families navigating the multiple legal systems. Dr. Hassan Elhais Presents at IAFL Asia Pacific Symposium in Kuala Lumpur The IAFL Asia Pacific Symposium was held in Kuala Lumpur, Malaysia on 19 May 2026 and hosted by the Malaysian Bar Council. The event was held ahead of the larger IAFL Asia Pacific Chapter Meeting, which is scheduled for May 20-24, 2026, at the Grand Hyatt Kuala Lumpur. The Significance of IAFL's Regional Symposiums The International Academy of Family Lawyers is a worldwide association of practitioners, academics and members of the judiciary who have been acknowledged by their peers as the most experienced and skilled family law specialists in their countries. The IAFL was established almost 40 years ago and has more than 930 fellows in 67 jurisdictions. The organization's mission is to improve the practice of law and administration of justice in the area of divorce and family law globally. The regional symposiums feature international experts and the leading family lawyers to address the new developments and challenges in the cross-border family law field, which provides the legal practitioners with a platform for discussing ideas with their international counterparts. Dr. Hassan Elhais's Role as Co-Chair of Relocation of Children Committee Dr. Hassan Elhais has over 18 years of experience as a legal consultant at Amal Alrashedi Lawyers & Legal Consultants, one of the most reputable family law firms in the UAE. He has gained expertise in arbitration, family law, inheritance law and drafting legal documents for clients. He has a diploma in private law including Shariah law, philosophy of laws, litigation law, commercial law and civil law, a Master’s degree in Law and a PhD in Law that was awarded in 2019. His election as co-chair of the Relocation of Children Committee is a reflection of his expertise in matters involving children, especially those with international aspects such as relocation disputes and cross-border custody arrangements. Key Topics Addressed During the Presentation The symposium focused on the cross-jurisdictional family law issues, with the professional lawyer Dr. Hassan Elhais presenting on cross-border enforcement of custody in multi-jurisdictional cases. His presentation examined how differently the legal systems treat recognition and the enforcement of foreign custody orders, a matter of great concern for the expatriates living in the UAE with connections to multiple countries. How Cross-Border Custody Enforcement Works in Multi-Jurisdictional Cases Foreign custody orders are not automatically enforceable in other jurisdictions. Recognition is a question of local domestic law, comity, reciprocity and res judicata. The United States has no bilateral treaty or multilateral convention with other countries on reciprocal recognition and enforcement of judgments. Therefore, the question of whether a court in a foreign country will enforce a judgment rendered elsewhere is a matter of internal law and international comity. Foreign states exercise the right to examine foreign judgments for four specific causes: determining if the issuing court had jurisdiction, verifying proper notification of the defendant, establishing whether fraud vitiated proceedings, and confirming the judgment does not contradict public policy of the foreign country. The judgments involving multiple damages or punitive damages face particular difficulty in achieving enforcement abroad. Enforcement Mechanisms Under International Treaties The Convention on the Civil Aspects of International Child Abduction of The Hague provides for a common civil remedy between partner countries. Each member country has a Central Authority, which is the primary point of contact for parents and other governments. Documents submitted to Central Authorities together with applications shall be admissible in courts without the usual formalities required for foreign documents. Challenges Facing Expatriate Families Custody conflicts can be a distinctive obstacle for expatriate families. The UAE is not a contracting state to the Hague Convention and therefore there is no automatic return mechanism under a treaty. This makes it much more important to act before a child is removed, rather than trying to resolve it after overseas relocation has created a new status quo. The Role of Hague Convention in Custody Disputes The Convention applies to children under the age of 16 and says custody issues should be decided by the courts in the child's country of regular residence. The parents have to prove that the child was habitually resident in a Convention country, that removal to the another Convention country was wrongful and that they were exercising custodial rights in order to succeed. The refusals to return can be made when there is a serious risk that the child would be exposed to physical or psychological harm. What Professional Lawyer Dr. Hassan Elhais Shared About UAE's Approach to International Custody Professional lawyer Dr. Hassan Elhais is outlined the UAE's distinct legal framework, for handling international custody matters during his presentation. The Federal Decree Law No. 41 of 2022 introduced the principle of joint custody, and extended the age of custody to 18 years, while Cabinet Resolution No. 122 of 2023 tightened the rules on traveling abroad with the children without consent. The reforms were strengthened by the UAE designating 2026 as the ‘Year of the Family’, providing further procedural guidance and the dedicated family court resources. UAE Courts' Framework for Cross-Border Cases Parents who want to enforce a UAE custody order abroad must make an application to the courts of the foreign country to recognize and enforce the UAE judgement. Success depends on the destination country having a bilateral judicial cooperation agreement with the UAE and the order adhering to local public-policy standards. On the other hand, to enforce a foreign custody order in the UAE, application must be made to the UAE courts for its recognition. The court considers the question whether the foreign order was made by a competent jurisdiction, whether both parties had the opportunity to be heard and whether the order is consistent with the public policy of the UAE. Reconciling Shariah Law with International Standards The UAE courts examine the foreign orders on custody, to ensure that they are not against the UAE public order or laws. The courts may uphold part of a ruling but reject the another or order further local proceedings before granting their recognition. This scrutiny results in less predictable outcomes for expat families. Common Obstacles in Enforcing Foreign Judgments The most readily enforceable instrument in the UAE is a travel ban. If a parent suspects the other is planning to leave the country with a child, they can apply for an emergency travel ban through the police or the courts. “The UAE is not a signatory to the Hague Convention which makes enforcement difficult as there is no streamlined mechanism for return between the UAE and signatory states,” highlighted Dr. Hassan Elhais. Why Global Legal Collaboration Matters for Family Law Practitioners Emerging Trends in International Child Custody The need for international family law experts is still growing, with 75% of family law solicitors in England and Wales reporting an increase in international family law cases in 2020. Cross-border family disputes, in particular disputes concerning parental responsibility and international parental child abduction, increasingly are being settled by mediation. Practical Takeaways for Legal Professionals Specialized training programs are popping up around the world and are useful to practitioner lawyers like Dr. Hassan Elhais and others. IAFL’s European Chapter designed a four-week online training course on the introductory aspects of European cross-border family law for junior lawyers, dealing with divorce, children, maintenance and matrimonial property. Conclusion Presenting at the IAFL Asia Pacific Symposium, Dr. Hassan Elhais described the increasing difficulties, faced by the expat families in the cross border custody cases. His knowledge of working within multi-jurisdictional legal systems, especially the UAE’s unique approach to international custody matters, is crucial for families with cross-border connections. As the world becomes greater in mobility, there is a higher need for family law specialists familiar with international treaties and enforcement procedures. The professional legal collaboration which occurs through organizations such as IAFL remains vital to protecting the best interests of children across borders. Key Takeaways During his presentation at the IAFL Asia Pacific Symposium, Dr. Hassan Elhais gave valuable insights to families and legal professionals navigating the international custody conflicts. The automatic return mechanisms are eliminated, due to the UAE's non-participation in the Hague Convention, making prevention more effective than the post-relocation enforcement. Before being enforced, international custody orders must be recognized by the local court and adhere to the public policy criteria of the destination countries. Travel bans serve as the most immediate enforcement tool within the UAE, allowing the parents to prevent unauthorized child relocation through the emergency court applications. The professional networks through IAFL symposiums provide the essential global connections, with 75% of family lawyers reporting the increased international cases. The UAE’s 2022 law reform, which has a big impact on the expat families, has suggested a joint custody rules and the stricter relocation consent procedures. The growing complexity of cross-border custody situations requires the international cooperation and specialist legal knowledge. As global mobility increases, knowledge of multi-jurisdictional frameworks is essential to safeguard the best interests of children across borders. Frequenlty Asked Questions 1. What makes cross-border custody enforcement challenging in the UAE? The UAE is not a signatory to the Hague Convention on International Child Abduction and there is no automatic treaty-based process for the return of wrongfully removed children. The foreign custody orders are recognized and enforced by the UAE courts, which verify their compliance with the local public policy and Shariah law principles. Lack of standardized international protocols makes the results less predictable for the expatriate families. 2. How can parents prevent unauthorized relocation of children from the UAE? Where parents have reason to believe the other parent may be about to take the child out of the country without consent, parents can apply for an emergency travel ban through the police or UAE courts. This is the most immediate enforcement tool available to those in the UAE. It is preferable to not have to handle relocation after the fact than to prevent it altogether. Cabinet Resolution No. 122 of 2023 introduces the more stringent criteria for relocating the children outside the country without proper permission. 3. What is required to enforce a foreign custody order in the UAE? The parents must apply to the UAE courts, to recognize the foreign judgment, to enforce a foreign custody order in the UAE. The court will consider whether the foreign order was made by a competent jurisdiction, both parties had an opportunity to be heard and whether the order is compatible with the UAE public policy. Success also depends on whether there is a bilateral judicial cooperation agreement in place between the UAE and the country which issued the original order. 4. What role does the International Academy of Family Lawyers play in cross-border custody matters? The IAFL is a global organization of over 930 family law experts from 67 countries across six continents, offering a global legal networking and regional symposiums. These events provide practitioners with an opportunity to learn about new trends in cross-border family law and to develop relationships that will allow them to receive quality legal support elsewhere in the world while working on international custody cases. 5. How has UAE family law recently changed regarding child custody? The UAE's Federal Decree Law No. 41 of 2022, introduced the major reforms, including the principles of joint custody, and extending the age of child custody to 18 years. The cabinet resolution No. 122 of 2023 further restricts the movement of the children out of the country without consent. The UAE’s announcement of 2026 as the ‘Year of the Family’ further supported these changes, resulting in further procedural guidance and the dedicated family-court resources to address the custody matters. 6. What other legal practice areas fall under the expertise of Dr. Hassan Elhais? Dr. Hassan Elhais is a UAE expert legal consultant. His expertise in law provides coverage not only for family law but also for criminal law, civil and Commercial Litigation, Inheritance and Succession Planning, and Commercial Arbitration. He provides these full legal services through the law firm of Amal Alrashedi Lawyers & Legal Consultants.

03 June 2026

Dubai court revises visitation days in child custody case due to father's work schedule

A father’s work schedule became a key factor in a Dubai child visitation case after a court revised the weekly access arrangement, according to a legal consultant. Hassan Elhais, a legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the father had approached the court seeking more time with his son, including regular weekly visits and access to school-related information. According to Elhais, an earlier ruling had allowed the father to see his son and take him out out on Saturdays, Sundays and Wednesdays from 4pm to 8pm, along with weekly visits to the child’s school in line with school regulations. However, the arrangement was later modified on appeal, with Friday replacing one of the visitation days. Elhais said the court found that the father worked until 5pm on Fridays, making the arrangement difficult to implement in practice and limiting meaningful time with his son. He said the judgment highlighted that visitation schedules should be practical and workable for both parents while also protecting the child’s wellbeing, studies and daily routine. The court eventually revised the father’s visitation days to Saturdays, Mondays and Wednesdays from 4pm to 8pm. According to Elhais, the court also considered the mother’s time with the child, noting that granting the father access on both Saturday and Sunday would reduce the time she could spend with her son during her weekly days off. “This ruling is important because the court did not look at visitation as a theoretical right only,” Elhais said. “It looked at whether the arrangement was workable in practice and whether it served the child’s best interests.” He added that the judgment reflected how courts in the UAE consider practical issues such as parents' work schedules and children’s weekly routines while deciding visitation arrangements. “The decision confirms that parental rights are protected, but always within a framework that puts the child’s welfare first,” he said.

03 June 2026

Private Whatsapp chats, forwards not exempt from cybercrime laws: UAE lawyers

Residents who use social media apps like WhatsApp daily for family, school, and community groups are cautioned that private chats are not exempt from the UAE's cybercrime laws. Lawyers say many people unknowingly break the law by forwarding unverified content or sharing images without consent. “What many people often do not realise is that private chats and WhatsApp groups are not exempt from the laws of the UAE, and sharing content may lead to legal consequences,” said lawyer Sam Moore from BSA Law. “Residents should therefore exercise caution and refrain from posting or forwarding content that may be misleading, offensive, or intrusive." He identified three common mistakes users make without realising they are breaking the law: sharing private conversations by forwarding or taking screenshots without consent, forwarding unverified news on sensitive topics, and tagging or naming individuals in complaints that harm their reputation. Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, stressed that liability is not limited to public posts. “Private communications, including WhatsApp groups, have been the basis of successful prosecutions, reinforcing that ‘private’ does not mean ‘legally protected’,” he said. “Penalties under the UAE Cybercrime Law can include substantial fines, often between Dh250,000 and Dh500,000 or higher, depending on the offence, along with potential imprisonment.” Several people have been arrested in the UAE this year for spreading information over WhatsApp. In March, 25 people were arrested and faced expedited trials for publishing and circulating digital content. Hamad Al Shamsi, the UAE Attorney General, described the video content as misleading and aimed at undermining national defence measures. Forwarding WhatsApp messages amounts to re-publication Moore pointed out that UAE laws stipulate that forwarding a message in a WhatsApp group can amount to re-publication, even if the person did not create the content. Article 52 of the Cybercrime Law expressly covers anyone who "publishes, re-publishes, circulates or re-circulates" unlawful content. “A WhatsApp user who forwards a message, such as a news update, video, or comment, may be held liable if the content is false, misleading, defamatory, or otherwise unlawful,” he said. Dr Elhais reiterated this point. “UAE courts have consistently treated the act of forwarding via WhatsApp, email, or social media as a new act of publication,” he said. “Individuals have faced criminal liability even where they were not the original author, particularly in cases involving defamation, false news, or privacy violations.” He added that authorities routinely rely on chat logs, screenshots, and metadata to establish dissemination. “The evidentiary burden is often straightforward, making enforcement more efficient and increasing conviction risk,” he said. “Courts have repeatedly emphasised that the absence of malicious intent does not automatically negate liability. The focus is often on the effect of dissemination rather than the subjective intention behind it.” Duties of a WhatsApp admin Moore said that while there are no specific monitoring obligations imposed on group admins, liability may still arise if they facilitate or tolerate unlawful content. Under Article 53 of the Cybercrime Law, a person may be liable for publishing or allowing the continued circulation of illegal content, including failing to remove it once aware of it. He advised admins to promptly remove unlawful content once made aware of it, warn or remove the member responsible, and avoid engaging with or endorsing the content. “While admins are not expected to actively monitor every message, reasonable steps should be taken to address unlawful content once they become aware of it, to minimise the risk of being associated with its circulation,” he said. He added that if a resident receives a provocative message about regional politics, the safest course is to avoid engaging with or circulating it. "By limiting interaction altogether, avoiding engaging with the message, refraining from forwarding it, deleting the message, and leaving the group if similar content is repeatedly circulated, residents are less likely to be exposed to liability under the Cybercrime Law,” he said.

03 June 2026

Can your job cost you child custody? Dubai court ruling explains when it might

Dubai: A mother has lost custody of her two daughters after Dubai’s highest court ruled that the children’s welfare must take precedence over the interests of either parent, affirming a decision to transfer their care to their father. In a final judgment, the Dubai Court of Cassation rejected the mother’s appeal, finding no legal fault in an earlier ruling that had granted her a divorce for harm but awarded custody of the children to the father. The court made clear that while a mother’s employment does not automatically disqualify her from custody, it becomes a decisive factor when it conflicts with the welfare of the children. The overriding test, the court stressed, is the best interests of the child — not the personal circumstances or preferences of either parent. Case background The dispute dates back to early 2025, when both parents filed personal status claims in Dubai. The mother sought a divorce, confirmation of her custody rights and a range of financial entitlements. The father, in a separate case, also sought divorce, custody of the two daughters and the removal of related maintenance obligations. Initially, a lower court dismissed both claims. However, the Court of Appeal later intervened, granting the divorce, awarding the mother her deferred dowry and housing-related alimony during the waiting period, but transferring custody of the children to the father. Travel schedule key factor The mother challenged the ruling before the emirate’s highest court, but the Court of Cassation upheld the decision, citing the nature of her work as a flight attendant. The judgment noted that her job required her to travel frequently and remain away from home for periods of up to 10 days — a pattern the court found incompatible with the level of continuous care expected from a custodial parent. The court also relied on findings from a custody committee, which concluded that the children’s best interests would be better served under the father’s care. He was found to be consistently present and able to supervise their daily needs, with additional support from his sister. Judges further ruled that the mother’s reliance on a nanny did not alter the legal position, emphasising that custody requires direct, ongoing parental care rather than intermittent supervision. Legal principle reaffirmed Legal experts say the ruling reinforces a long-standing principle in UAE family law: that custody is not an automatic right. Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the judgment underscores that the child’s wellbeing remains the court’s primary concern. “The judgment makes clear that custody is not treated as an automatic right belonging to either parent,” he said. “The court will always assess where the child’s welfare is best protected and whether the custodian can provide stable, continuous care.” He added that the case is particularly significant in clarifying the role of employment in custody decisions. “The court did not say that a working mother loses custody simply because she has a job,” Dr Elhais explained. “What it said is that the full circumstances must be examined — including whether repeated travel or prolonged absence disrupts the child’s routine, supervision and emotional stability.” Role of custody reports Dr Elhais also highlighted the importance of social and custody committee reports in such cases, noting that courts place considerable weight on these assessments. “In cases involving young children, the court looks at who is consistently available, who can meet day-to-day needs, and whether the arrangement offers stability,” he said. He added that UAE courts retain broad discretion in custody disputes, assessing each case on its facts rather than applying rigid rules. “The broader message is that the court is focused on the child, not on punishing one parent or rewarding the other,” he said. “If the evidence shows the child’s welfare is better served with the other parent, the court will order that outcome.” Final ruling The Court of Cassation ultimately dismissed the mother’s appeal, confirming that the children’s best interests outweighed her claim to custody and cementing the transfer of care to the father.

03 June 2026

Dubai court rejects Dh300,000 rent claim in divorce villa dispute

Dubai: The Court of Cassation has upheld a lower court ruling rejecting a husband’s claim for Dh300,000 in rent compensation in a post-divorce dispute over a villa, reaffirming that civil liability claims must be supported by clear and substantive evidence. The case involved former spouses disputing rights over a villa registered in the wife’s name. The husband argued that he had financed the property and was later denied access after allegedly being forced out and having the locks changed. While the court upheld an earlier judgment requiring the wife to repay Dh2.27 million — representing the husband’s proven financial contribution to the villa — it dismissed his separate compensation claim, citing failure to establish the legal elements of liability. In its ruling, the court applied Article 282 of the UAE Civil Transactions Law, which governs liability for harmful acts. The provision requires three key elements to be proven: fault, damage and a causal link between them. The court found that the husband did not provide sufficient evidence to prove he had been wrongfully expelled from the property. As a result, one of the essential pillars of liability was not satisfied, leading to the rejection of the compensation claim. Legal experts said the judgment reinforces a fundamental principle in UAE law — that compensation cannot be awarded based on allegations alone. Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the ruling highlights the strict application of Article 282. “Article 282 is the cornerstone of liability for harmful acts in UAE law. It clearly requires the claimant to prove fault, actual damage and a direct causal relationship between the two,” he said. He stressed that courts do not presume harm without evidence. “Even in cases involving alleged eviction or denial of access to property, the burden remains on the claimant to demonstrate that the act occurred and resulted in measurable damage.” Dr Elhais added that UAE courts consistently require substantive proof rather than relying on assertions, ensuring fairness and preventing liability from being extended beyond what is legally established. The ruling also addressed financial entitlements linked to the property, affirming that each spouse retains independent financial liability. The court upheld the husband’s right to recover his verified contribution despite the villa being registered in the wife’s name. However, the court drew a clear distinction between financial recovery and claims for damages. “A financial claim based on contribution is assessed differently from a compensation claim,” Dr Elhais said. “The latter must meet the legal threshold under Article 282, which was not fulfilled in this case.” The judgment provides further clarity on how UAE courts handle disputes involving shared financial interests and alleged harm following divorce, particularly where property ownership and personal conduct intersect.

03 June 2026

UAE issues new rules on underage marriage approvals

The UAE has tightened regulations governing marriages involving individuals under the age of 18, introducing stricter approval conditions and enhanced judicial oversight under a revised legal framework. Under the updated provisions, it remains prohibited to register a marriage contract for anyone below 18 years, male or female, unless authorised by a competent court. However, the law now explicitly requires verification that such a marriage serves the minor’s best interest, in line with more rigorous procedural safeguards. While court approval has long been a requirement for underage marriage in the UAE, legal experts say the latest amendments significantly raise the threshold for granting such exceptions. What’s new One of the most notable changes is the introduction of a specialised review committee, a provision not included in earlier regulations. The committee to be established by a decision of the Minister of Justice or the head of the competent judicial authority, will review applications, interview both parties, and coordinate with relevant entities before submitting recommendations to the court. Its role includes preparing a comprehensive social assessment report covering financial, health, psychological and security conditions, as well as evaluating whether the marriage is appropriate. It must also hear the minor’s views independently and without influence. The amendments also introduce stricter documentation requirements. Applicants must now provide: Medical reports confirming physical maturity and absence of health risks Psychological assessments for both parties Written consent free from coercion Proof of financial capability and suitable housing A criminal status certificate Stronger court oversight Procedural safeguards have also been expanded. Parties are now allowed to submit objections to the committee’s findings before the court, while judges must provide reasons if they choose to depart from the committee’s recommendation. A formal appeal mechanism has also been introduced, allowing challenges to court decisions within seven days. In addition, rejected applications can only be resubmitted after a minimum of six months, unless new circumstances justify reconsideration — a measure aimed at preventing repeated or pressured requests. Higher evidentiary threshold Legal experts say the reforms reflect a broader shift towards strengthening protections for minors. Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, described the changes as “a significant advancement in strengthening safeguards around minors”. “The introduction of a specialised review committee marks a fundamental shift in how such cases are assessed,” he said. “It ensures decisions are based on a structured, multi-layered evaluation of the minor’s welfare.” He added that the expanded requirements bring greater clarity and consistency, noting that the law now “sets a higher evidentiary threshold, requiring medical, psychological and social assessments, which collectively reinforce the protection of minors”. Aligned with global trend According to Elhais, the UAE’s approach is in line with international practices, where 18 is maintained as the standard minimum age, with limited exceptions subject to strict judicial controls. “These amendments place the UAE firmly within this global direction, where the priority is clear: protecting minors while ensuring any exception is justified, transparent and rigorously reviewed,” he said.

03 June 2026

Dubai court: WhatsApp chats must be examined in divorce cases

Dubai court tightens rules on WhatsApp evidence in family law disputes Dubai: Court of Cassation in Dubai has ruled that WhatsApp messages must be carefully examined in divorce disputes when presented as evidence, underscoring their potential legal weight in family law proceedings. Appeal overturned over unexamined digital evidence In a significant judgment, the Dubai Court of Cassation overturned a previous ruling by the Court of Appeal in a personal status case, after finding that the lower court failed to properly assess WhatsApp messages submitted by a wife seeking to prove that her husband had divorced her. The court referred the case back to the Court of Appeal for reconsideration, instructing it to review the electronic evidence alongside the arguments raised. Courts emphasise authenticity of digital messages In its ruling, the court stressed that WhatsApp messages must be thoroughly investigated to establish their authenticity, verify the identity of the sender, and determine whether they meet the legal threshold required for admissible evidence. Legal experts said the judgment highlights the UAE courts’ evolving approach to modern communication tools and their role in legal disputes. Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the ruling sends a clear message about the examination required for digital evidence. “This ruling is significant because the court made clear that WhatsApp messages must be examined carefully to determine whether they are genuine or manipulated, and to verify that they were sent by the person alleged to have sent them, before they can be accepted as valid evidence,” he said. He added that the judgment does not mean that every WhatsApp message automatically proves a claim, but rather that such communications must satisfy established legal requirements to be accepted in court. “In personal status cases, what matters is not whether the message was sent in a traditional way or through a modern platform. What matters is whether it is genuine, who sent it, and whether it meets the legal standards in the UAE,” he explained. According to court records, the wife argued that her husband had divorced her on separate occasions, relying on both witness testimony and WhatsApp messages to support her claim. However, the Court of Cassation found that the lower court had dismissed the case without sufficiently examining the messages, including whether they could be attributed to the husband and whether they fulfilled the legal conditions necessary to carry evidentiary weight. Dr Elhais said the ruling carries broader implications for the public, particularly in how electronic communications are treated in legal contexts. “For members of the public, this judgment is a reminder that messages sent through mobile applications may have consequences beyond private conversation,” he said, noting that such messages could later be used in court, especially in matters involving rights, obligations, or personal status. He added that the judgment enhances legal certainty by confirming that courts are willing to engage with the realities of modern communication while maintaining safeguards to ensure authenticity and reliability. The ruling, he said, reflects a balanced approach — one that reassures litigants that relevant digital evidence will be assessed on its merits, rather than dismissed solely because it was exchanged through electronic platforms.

03 June 2026

White-collar Crime

Fraud in UAE: How to Identify Scams and Protect Your Rights

Fraud in the UAE is becoming more complex, with individuals and companies being victims to phishing emails, false investment schemes and fake phone calls. It is illegal for unlicensed companies to make anonymous calls about financial products, but scammers are taking advantage of the hyper-digital environment of the country to steal personal and financial information. Understanding the fraud meaning and what fraud looks like in practice can help anyone from becoming a victim. The fraud definition under UAE law covers a number of different kinds of schemes, especially in the context of fraud Dubai and fraud UAE. For example, phishing is when someone sends a misleading message to trick someone else into revealing of sensitive information. Or, identity theft is when a person steals someone else’s personal information for fraudulent purposes. This guide details how to recognize common scams and protect your rights in the UAE. Navigate UAE law with confidence. Become a part of r/KnowTheLaw —your Reddit group for sharp analysis, strategic advice, and real solutions to complex legal matters. What is Fraud in the UAE Fraud Definition and Legal Meaning Fraud is defined under Article 399 of the UAE Penal Code as “the illegal acquisition of money, movable property or immovable property belonging to another by fraudulent means”. Fraudulent activity, defined by law, consists not only of deception, but also three basic conditions. The victim must be induced to do something they would not normally do, such as transferring ownership of property. The perpetrator's actions must in fact deceive the victim by means of some material activity or external appearance which gives credibility to the fraud. The fraud must be convincing to an ordinary individual of average intelligence. Fraud is the intentional deception to obtain an unfair profit or to deprive someone of their lawful right to the ownership of property. The law criminalizes misrepresentation of facts through words or conduct, omission of facts or false statements that cause financial or non-financial loss to the victim. Federal Law No. 19 of 2016 is dedicated to commercial fraud and defines it as the act of deceiving customers by changing the nature, quantity, price, specifications or origin of a commodity or by providing misleading commercial information. Types of Fraud Recognized Under UAE Law Fraud is generally classified into two categories such as internal and external. Internal fraud is committed by an employee of a licensed entity, while external fraud involves a third-party committing a crime against a business. The law recognizes several types of fraud, including misappropriation of assets, misrepresentation of financial and non-financial statements, corruption (such as bribery and illegal gratuities), misconduct (a violation of policies and regulations), and intentional deception for unlawful personal gain. Fund transfer fraud is one of the most financially damaging types of fraud in the UAE. The business email compromise is a cyberattack, achieved through hacking or phishing, where an attacker pretends to be a company official to authorize a transaction. Phishing and hacking occur when a party obtains sensitive information online or via phone through malicious links. Forgery is the unlawful alteration of documents or signatures to deceive another party. Why Fraud Cases Are Rising in Dubai and UAE Scam messages increased by 35% last year, while 54% of UAE residents have been victims of fraud at least once. More disturbingly, 17% of victims have been scammed more than once. Banking leaders said 66% have seen an increase in fraud attempts, while 58% reported an increase in losses. The financial impact is huge with 62% estimating annual fraud losses in excess of AED 18.36 million. To obtain personal and financial information, the fraudsters impersonate government bodies, official institutions, or trusted companies using advanced methods. The rapid growth of the digital payments, and real-time transaction systems create new opportunities for criminals to exploit. Common Scams and Fraud Schemes in the UAE Criminals in the UAE operate several fraud schemes, each exploiting a different vulnerability in the digital ecosystem. Phishing and Email Fraud Phishing emails and fraudulent messages are the origin of over 75% of cyber violations, with more than 3.4 billion phishing emails sent daily across the globe. The cybercriminals present themselves as banks, government agencies, and shipping companies to steal login credentials and financial information. And more than 90% of digital breaches are now attributed to AI-powered phishing and detection is becoming more difficult due to the scammers use of advanced technologies to eliminate typical warning signs. Phone Call Scams (Vishing) The scammers call pretending to be from the Dubai Police, banks or government departments and ask for payment for fake fines or for confidential information. These vishing attacks will create a sense of urgency, warning victims that their licenses will be revoked or their accounts suspended if they do not act immediately. The report said that fraud alone cost AED 1.2 billion between 2021 and 2023. Investment and Ponzi Schemes The Ponzi schemes simply pay existing investors with money from new investors instead of real profits. The investment scams in Dubai usually promise 36% per year, or 3% per month, returns. This misleading investment fraud come under Article 399 of the Emirates Penal Code, and it can lead to the imposition of imprisonment up to 3 years and fines of up to AED 200,000. The Forex trading scams use aggressive telemarketing and false projections to obtain deposits. Identity Theft and Impersonation The criminals illegally use personal information like passport number, bank account details or Emirates ID to open accounts or commit crimes in someone else’s name. They act as official persons with false names through internet platforms to seize movable properties or documents. Fake Lottery and Prize Scams The scammers contact the victims and claiming they have won cash prizes or something similar, and they want victims to provide all of their banking details or personal details or upfront payments for the taxes and processing fees in return for the release of their winnings. Online Shopping and Payment Fraud In 2024, there were over 38 million phishing attacks, and a 36.5% increase in the detection of suspicious URLs. The fake shopping messages appear around seasonal events such as Black Friday, with the fake deals and the pressure to buy before the offer expires. How to Identify and Spot Fraud Attempts 1. Warning Signs of Fraudulent Communication The UAE Cyber Security Council has pointed out several important signs to identify fraudulent messages. These communications typically have a sense of urgency, lack personalization, seem too good to be true and are typically from unknown numbers or contacts. Examples include “You have won”, “You are entitled to a refund”, “Verify your bank account” or “Exclusive discounted credit card offer”. Messages with bad grammar, misspelled words or unknown sender IDs demanding immediate payment indicate a fraudulent intent. All Dubai Police communication is done via the domain name @dubaipolice.gov.ae, and any deviation should be reported immediately. Real government emails don’t come from Gmail accounts, and officials never ask for sensitive information on phone calls or text messages. 2. Red Flags in Financial Offers If the investment scheme promises the guaranteed returns or monthly profits over 10%, it is a clear sign of fraud. Pressuring tactics like “limited spots available” or “this offer expires tonight” bypass the rational decision-making. The legitimate investment platforms will never guarantee a fixed returns, will never ask you to make urgent payments outside regulated channels, and will never contact you unsolicited on WhatsApp. 3. Recognizing Fake Websites and Emails Fake websites will have prices that look too good to be true, will not have any active social media accounts, will have a poor design with grammatical errors and will have suspicious brand names that have slight changes in spelling. Check URLs carefully, they should start with https:// and look out for domain name changes. 4. Suspicious Requests for Personal Information The authorities will never ask you for your national identity number, QID number, verification codes or bank details over the phone, text message or via an unknown link. Banks will never ask you for your OTP codes and genuine entities will not ask you to take any urgent action through unverified channels. How to Protect Your Rights and Report Fraud in UAE 1. Immediate Steps When You Suspect Fraud The immediate steps to are stopping all the communication with the suspected fraudster. Do not sign additional documents or transfer more money. Secure the accounts by changing online banking passwords, and lowering transaction limits. And collect all the evidence in both digital and physical form, including chats, emails, bank statements, and contracts. 2. Reporting Fraud to Dubai Police eCrime Portal Dubai Police has an online portal ecrimehub.gov.ae for reporting cybercrimes. Residents can register complaints through the eCrime website, Dubai Police App or Smart Police Stations that are available 24/7. The platform covers online fraud, identity theft and cyberbullying within the geographical boundaries of Dubai. For general queries, call the Call Center at 901. 3. Filing Complaints with UAE Ministry of Interior The MoI UAE application provides three main services offered by the Ministry of Interior’s Cybercrime Platform. The Cybercrime Reporting Service allows victims to report incidents through one federal platform. The Information Submission Service allows users to report information related to cybercrimes, while the Cybercrime Consultation Service provides expert advice on legal issues and how to deal with online threats. Another channel for reporting is the My Safe Society app, launched by UAE Federal Public Prosecution. 4. Legal Rights of Fraud Victims in UAE Victims can be involved directly in criminal proceedings and claim compensatory for damages. Article 22 of the Criminal Procedures Code allows to claim civil claims against the accused during investigation or before criminal court. Criminal courts can transfer civil claims to civil courts, where a conviction is enough to prove liability. Victims can claim criminal sanctions and civil compensation at the same time. 5. Documents and Evidence You Need to Collect Provide the identity documents, e.g., passport/Emirates ID screenshots, correspondence, email, chat messages, and transactions in banking. Share the links to scam sites or accounts; provide financial documents, such as receipts, bank statements, transfer confirmations, and contracts along with a detailed complaint establishing when and how the matter occurred. Conclusion The fraud schemes of the UAE are ever-changing, but vigilance is the best weapon. By identifying warning signs, especially in phishing schemes and fake investment offers, residents can protect themselves from the financial loss. The trick is to remain vigilant, double-check all the communications through the official channels, and report if found suspicious activity without any delay. With the right knowledge and quick action, everyone can protect their rights and helps to reduce the fraud across the UAE. Key Takeaways Understanding fraud and how to deal with scams can help you to protect your money and personal information in the UAE’s growing digital world. Knowing the common ways fraud is carried out can help individuals and businesses to avoid financial loss, identity theft and other serious problems. Knowing how fraud is commonly committed can help individuals and businesses avoid losing money, having their identity stolen and other serious problems. Recognize red flags immediately: Red flags of the fraud include high guaranteed returns like 10% or more a month, urgent requests for payments, and requests for the personal informations over the phone or through unofficial channels. Verify before you trust: Always verify the communications through official channels. the Dubai Police uses only @dubaipolice.gov.ae domain and legitimate banks never ask for OTP codes or passwords. Report fraud through proper channels: You can lodge complaints and take legal actions through Dubai Police eCrime portal at ecrimehub.gov.ae or the Ministry of Interior’s Cybercrime Platform. Document everything for protection: Collection of evidence like screenshots, emails, bank statements, and other correspondence will help you for further proceedings of the case. The victims can pursue criminal penalties and civil compensation at the same time. Act fast when fraud is suspected: Immediately stop talking to the fraudsters and change the passwords to secure your accounts and reduce the limits of the transactions to prevent further damage. Fraud cases are rising by 35% each year, and 54% of UAE residents have been victims at least once. Knowing about these safeguards is essential for the financial security in the Emirates. Frequently Asked Questions 1. How can I report fraud to authorities in the UAE? Several methods to report the fraud in the UAE. The Dubai Police has an online eCrime portal at ecrimehub.gov.ae, where you can file complaints 24/7. Alternatively, you can use the Dubai Police App, go to Smart Police Stations or dial 901 for general inquiries. And the Ministry of Interior's Cybercrime Platform, available through the MoI UAE app, enables you to lodge reports, share the details about cybercrimes and receive expert advice on how to deal with online threats. 2. What are the most common types of fraud schemes in the UAE? The common frauds in the UAE includes, phishing and email fraud (more than 75% of cybercrimes), phone call scams (where criminals impersonate officials), investment and Ponzi schemes (offering unrealistic returns), identity theft (using stolen personal data), fake lottery and prize scams, and online shopping fraud. These schemes often use the country’s digital payment systems and go after both individuals and businesses. 3. What immediate actions should I take if I suspect I've been scammed? Please do not communicate with the person you suspect to be a fraudster any further, and do not send any more money or sign any papers. Change the passwords on your online banking and reduce the limits on your transactions to protect your accounts. Gather all the evidence including screenshots, emails, chat messages, bank statements and contracts. Please report the matter to Dubai Police through the eCrime portal or the Ministry of Interior’s Cybercrime Platform at as soon as possible. 4. What warning signs indicate a fraudulent communication or offer? Some of the key red flags to look out for include messages that are trying to create a sense of urgency, the promises of guaranteed returns of more than 10% per month, requests for personal information through unofficial channels, messages with poor grammar and spelling errors, messages from unknown numbers or suspicious email domains, and pressure tactics such as “limited time offers”. The Legitimate UAE government agencies will never email from Gmail accounts or ask for OTP codes, passwords or Emirates ID details by way of phone calls or SMS. Q5. Can fraud victims in the UAE seek compensation for their losses? Yes, the UAE law provides protection to the victims of fraud to claim compensation. As per the Article 22 of the Criminal Procedures Code, the victims may bring a civil claim against the accused, either during the investigation or before the criminal court. You may simultaneously pursue criminal penalties and civil compensation. Even if the criminal court may pass the civil claims to the civil courts, the conviction in the criminal court is enough to establish liability and enable the victims to recover the financial losses sustained.

03 June 2026

Your Complete Guide to Illegal Drugs in Dubai: How to Avoid Costly Mistakes

Illegal drugs in Dubai are not just cocaine or heroin. Medications for the common cold and sleeping pills can get you into serious legal trouble. Indeed, Dubai has some of the strictest drug policies in the world, where even small amounts of prohibited drugs can lead to imprisonment, large fines, or deportation. Medications that are legal in your home country might be classified as controlled substances under illegal drugs law in Dubai, putting innocent travelers and residents at risk. This article details what prescription medications are illegal in Dubai, the manner in which many kinds of punishment for illegal drugs in Dubai you may face, and when to seek legal advice from lawyers in Dubai or a lawyer in UAE for legal protection. Regular cold medicine or sleeping pills could land you in serious legal trouble. Understanding Dubai's Drug Laws and Regulations What Makes Drug Laws in Dubai Different The UAE’s reputation as a regional hub for trade, tourism and expatriates drives its robust legal framework to combat drug-related crimes. The Federal Decree-Law No. 30 of 2021 of UAE, is applicable uniformly throughout the seven emirates, including Dubai, Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah. There is no variation at emirate level for the core narcotics legislation. Testing for drugs establishes offenses in the absence of physical possession. Blood, urine or hair analysis can prove consumption even if the substances were legally used in another country prior to arrival. The courts have jurisdiction where the metabolites of the controlled substance are detectable in the territory of the UAE, under Article 17 of Federal Decree-Law No. 31 of 2021. Testing by authorities happens during traffic stops, workplace incidents, random checks and at ports of entry. The UAE has signed several international conventions relating to narcotic and psychotropic substances, adopting internationally accepted control measures to prevent the free availability of such substances. Refusing to take a drug test without a valid reason is a criminal offence under Article 63, and it is punishable with a minimum imprisonment of 2 years, and a fine of not less than AED 100,000. The Legal Framework for Drug Control Federal Law Decree No. 30 of 2021 of the UAE, Combating Narcotics and Psychotropic Substances, came into force on 2nd January, 2022, replacing the Federal Law No. 14 of 1995 of the UAE. The legislation was implemented on September 16, 2021. The legislation criminalizes the production, import, export, transport, buying, selling, possession, and storage of narcotic and psychotropic substances unless it is carried out under supervised medical or scientific conditions. The Ministry of Health and Community Protection coordinates various units established under this law. The legislation provides for the establishment of narcotics control boards responsible for developing strategies to combat drug usage and related crimes. And controlled substances are classified across the multiple schedules attached to the law, with Schedule 1 listing 134 narcotic substances. Explanation of No-Tolerance Guidelines The UAE has a strict zero tolerance policy in recreational drug use and trafficking. Any possession, regardless of the amount, is a criminal offense even small quantity. Under Article 41, first time offenders face a minimum of 3 months in prison or a fine of between AED 20,000 and 100,000. If you are a repeat offender within a 3-year period, the penalties increase to a minimum of 6 months in prison or a fine between AED 30,000 and 100,000. If you are caught a third time or more you could face a minimum of 2 years in prison and a fine of not less than AED 100,000. All drug related issues are dealt with by specialized law enforcement teams ensuring strict adherence to the policy. Ignorance or accidental exposure is generally not a valid defense. What Prescription Drugs Are Illegal in Dubai Commonly Banned Medications Narcotic analgesics are the most common category of prohibited substances and include codeine, tramadol, and oxycodone, which are strictly forbidden without the relevant authorization. Benzodiazepines, such as Xanax and Valium, are considered psychotropic substances and require special permits. Stimulants used for ADHD, such as Ritalin and Adderall, are controlled. Restrictions also exist on sleep aids, e.g., hypnotics and sedatives. Aripiprazole (Abilify) is classified as a Class A controlled drug used for the treatment of schizophrenia, and these drugs can only be found in hospitals and large community pharmacies with a doctor’s prescription. Controlled Substances List The Ministry of Health and Prevention has a large database of more than 200 controlled medicines. Narcotic and psychotropic drugs are classified as Controlled Drug Class A (CDA), and semi-controlled substances are classified as Controlled Drug Class B (CDB). Both classes are proprietary and cannot be imported without permission. The list is available on MOHAP’s website under the “Controlled or Semi-Controlled Medicines” resource section, showing the medicines that are allowed to enter the UAE with permits as well as those that are strictly prohibited. Over-the-Counter Drugs That Require Approval Some cold medicines containing pseudoephedrine can be bought over a prescription elsewhere, but here they need the doctor’s approval. New screening technology at UAE airports can detect even small amounts of banned substances. Customs officials will confiscate banned substances for laboratory analysis even if they are legal in other jurisdictions. Prescription Medications Requiring Special Permits Travelers are allowed to import narcotic and psychotropic drugs in quantities not exceeding three months’ supply for the patient. Medicines requiring a doctor’s prescription may be imported for a maximum six-month supply. The prescription and medical report should be certified by the healthcare authority providing treatment. Travelers without prior authorization are required to declare narcotic and controlled medicines on arrival at ports of entry, producing both a prescription and a medical report. The medical report should be issued within the last year and stamped by the healthcare facility. Penalties and Punishments for Drug Violations in Dubai Possession Charges and Sentences The drug possession is treated differently from trafficking in Dubai, depending on the intent, quantity and circumstances. "Possession" means the storage of substances in small quantities, without evidence of distribution, including traces in blood or urine tests, microdoses discovered during inspections, or small volumes without evidence of transfer. The qualification "with intent to distribute" arises when investigation identifies signs the substance was intended for transfer to others, not personal use. Direct transaction evidence is not required; indirect signs suffice. Trafficking Penalties The trafficking is the most serious form of drug offense. It involves the transportation of drugs across borders or within the country, their sale or gift, storage for large-scale distribution, the organization of supplies without direct physical involvement, and conspiracy to transport or trade in drugs. And punishments can range from several years of imprisonment to life imprisonment, and capital punishment is available in some cases. The minimum period of imprisonment generally starts at four years. For possession and distribution of large quantities under aggravating circumstances, sentences of between 10 and 15 years or more can be imposed. Life imprisonment is reserved for especially serious cases. Large fines are usually also imposed on the highest level of a prison sentence, ranging from hundreds of thousands of dirhams depending on the volume of drugs seized and the nature of the offense. Deportation Consequences Deportation is practically mandatory for foreign nationals after they have served their sentences. Dubai authorities consider foreigners involved with illegal drugs to be dangerous to public safety. The courts are obliged to order deportation unless the person is the spouse or a first-degree relative of a UAE citizen at the time of the offense, or if deportation would cause serious harm to family stability or deprive a family member of necessary care, provided the family has the financial means to cover treatment. The courts can also impose lifetime entry bans to the UAE. How Criminal Records Affect Your Future In addition to immediate penalties, people found guilty of crimes are subject to financial restrictions. A person convicted under narcotics legislation is prohibited for two years after the completion of his sentence from transferring or depositing money to another person without the permission of the Central Bank. The courts may also order the seizure of tools, funds, or proceeds connected with offenses. How to Avoid Costly Mistakes with Medications Getting Medical Certificates and Prescriptions To bring controlled medication into the UAE, the travelers must need to apply online for approval through the Ministry of Health and Prevention website. The application will be processed within five business days. Prescriptions must be written in full name of patient, name of medicine with dosage, duration of treatment, date of issuance and name of physician, issued within the last three months and stamped by the healthcare facility. Medical reports must include diagnosis, treatment plan and details of physician, issued within the last year. Visitors can bring a maximum of three months’ supply, while residents can carry twelve months’ supply. Declaring Medications at Customs When bringing controlled drugs use the red channel at customs. Present passport, MOHAP approval letter, original prescriptions, medical reports and medications in the original packaging. The officers of the customs verify the documentation and inspect medications accordingly. Working with Lawyers in Dubai for Legal Guidance If you are arrested for illegal drugs violations in Dubai, seek legal advice immediately. Lawyers question the validity of the arrest, examine the evidence and identify procedural defects. That means having prescriptions, receipts, medical records and witness testimonies What to Do If You're Detained Need to stay calm and cooperate respectfully with the authorities. And ask about the charges, request for a lawyer. Contact your embassy as soon as possible. Never sign any documents without understanding its content. Key Takeaways Dubai has some of the strictest drug laws in the world. Even common prescription drugs can lead to serious criminal charges, jail time and deportation for unsuspecting travelers. Dubai enforces zero-tolerance for all controlled substancesEven trace amounts on blood tests can get you prosecuted, no matter where in worldwide they were legally consumed. Common prescription drugs require special permitsCertain medications, including Xanax, Adderall, codeine and even some cold medicines are not allowed without the proper MOHAP approval. Penalties are severe and life-alteringFor the first time possession results in a minimum 3 months imprisonment or fines starting from AED 20,000-100,000, additional mandatory deportation for the foreigners. Proper documentation is essential for legal protectionObtain an online approval from the MOHAP, and carry the authenticated prescriptions along with declaration of all medications at the customs through the red channel. Immediate legal counsel is critical if detainedImmediately contact the lawyers in Dubai, and retain all medical records, don’t sign anything without knowing what it is. The best way to avoid costly errors is to prepare well before you travel, check the legal status of medications, obtain the right licenses and carry comprehensive medical documentation so you’re in line with the UAE’s strict drug enforcement policies. Frequently Asked Questions 1. What categories of drugs are considered illegal in Dubai? Dubai classifies illegal drugs into several categories such as narcotic analgesics (codeine, tramadol), benzodiazepines (Xanax, Valium), stimulants used in the treatment of ADHD (Ritalin, Adderall), psychotropic substances, and even some over the counter cold medicines containing pseudoephedrine. The UAE has a comprehensive list of more than 200 controlled medicines that are allowed only with special permits or are completely banned. 2. What are the penalties for drug possession in the UAE? For the first-time offenders face three months minimum imprisonment or fines between AED 20,000 and AED 100,000. Second offenses within three years result in six months minimum imprisonment or fines of AED 30,000 to AED 100,000. Third or subsequent offenses carry mandatory imprisonment of at least two years plus fines starting at AED 100,000. 3. Can I bring my prescription medications to Dubai? You can bring the prescription medications, but many common drugs like codeine, tramadol, benzodiazepines, and ADHD medications require before the entry from Ministry of Health. You must declare all medications at customs, keep them in original packaging with valid prescriptions, and obtain proper medical documentation authenticated by the health authorities. And the travelers may bring up to a three-month supply of controlled medicines with approval. 4. What is Dubai's zero-tolerance drug policy? Dubai has a zero-tolerance policy and the smallest amount of illegal drugs found in a blood or urine test will result in criminal prosecution. The policy covers all controlled substances and drug testing can be used to prove offenses even without physical possession of the drugs. Authorities can test at traffic stops, workplace incidents, random checks and ports of entry with no exceptions for substances legally consumed in other countries. 5. What documents do I need to legally bring controlled medications into Dubai? You will need to provide some authentic documents such as a prescription written within the last three months with your full name, the name of the medicine, dosage, length of treatment and the details of the physician, stamped by the healthcare facility. You will also need a medical report that has been issued within the last year with the diagnosis and treatment plan. You will also need to have the MOHAP approval that can be obtained through an online application system, and your passport. Each of the drugs should be in their original packaging and declared at customs.

03 June 2026

Banking and Finance

Anti Money Laundering UAE: How to Build a Compliant Framework for Your Business

03 June 2026

White-collar Crime

How to Handle Breach of Trust Cases in Dubai: Expert Guide from a Lawyer in UAE

Breach of trust can affect seriously to a company's assets, reputation and operating environment. This is an offence punishable where a person abuses a position of trust to misappropriate, misuse or damage property entrusted legally to that particular person. In accordance with Article 453 of Federal Decree-Law No. 31 of 2021, the UAE law imposes punishment for the breach of trust. The offence involves serious legal penalties including fines and imprisonment. There are three main things that need to be established for a case to be considered as a criminal case in Dubai. Entrustment, Misuse or Theft and Intent to Cause Harm Dubai needs expert lawyers who know the legal framework to handle these cases. This guide outlines the role of a qualified lawyer in Dubai, to assist individuals and businesses in the UAE to deal with breach of trust cases efficiently. Understanding Breach of Trust Cases in Dubai What Qualifies as Breach of Trust? The provisions dealing with the Breach of trust are in Federal Decree Law No. 31 of 2021, Article 453. The crime is committed when a person misappropriates, uses or dissipates amounts, bonds or any movable property to the prejudice of the right owner. The property must have been obtained by deposit, lease, pledge, loan for use or agency. The offense only applies to movable property like money, equipment or documents, not real estate. A fundamental requirement is that the property must be voluntarily handed over by the victim to the perpetrator. The crime is committed when the perpetrator changes their possession from incomplete possession to full possession for their own use, which deprives the original owner of ownership or use. Key Elements Required for a Criminal Case There must be two necessary things: the material thing and the moral thing. The material element includes the criminal act of using property entrusted to him, embezzling it or misappropriating it. The transfer of entrusted property to the full possession of the perpetrator must be accompanied by material or moral damage. The moral element consists of the criminal intention and the criminal purpose. Criminal intent occurs when a person is aware that their actions are illegal and punishable, yet they choose to proceed with them. There is a criminal intent when the offender has a conscious desire to commit the act of misappropriation or dissipation of the entrusted property. Common Examples in Business and Personal Relationships There are many types of breach of trust: Corporate fraud is when financial officers take money from the company account and put it into their personal account. In the context of this offense, an accountant receives the company’s funds to make payments for business expenses but uses the money for personal purposes. This category includes business partners entrusted with shared capital who are secretly diverting funds. Misuse of property is where a person who is supposed to keep the property for safekeeping refuses to give it back. UAE labor and penal laws can take legal action against employees who leak confidential data or misuse company resources. Difference Between Breach of Trust and Theft The difference is in the manner of possession. In the breach of trust, the offender legally gains a property by lawful means of employment, partnership, agency, or contract. Theft is an unlawful action taken without a prior relationship or position of trust. The timing intent is different. Breach of trust: Intent is formed after lawful possession. Theft requires the intent to deprive the owner of the possession permanently from the very beginning. Also, the legal burden of proof is different. Fraud is based on proof of initial deception; breach of trust is based on proof of misuse after lawful possession. Legal Framework and Penalties in UAE Law The Federal Decree-Law No. 31 of 2021 of Article 453 The UAE Penal Code distinguishes three categories of crimes: infractions, misdemeanors, and felonies. In accordance with the Federal Decree-Law No. 31 of 2021 of Article 453, the breach of trust is considered as illegal. Whoever misappropriates or converts to his own use any money, bond, or other movable property, of which he has become possessed or control by reason of a contract of trust, such as a deposit, lease, mortgage, loan for use, or agency, to the injury of the owner thereof, shall be punished under this article. Criminal Penalties: Imprisonment and Fines Conviction results in imprisonment or a fine. The penalty typically ranges from imprisonment from one month to three years, with fines from 100 to 30,000 UAE dirhams. The courts have authority to impose substantial monetary penalties. And in serious cases, imprisonment for significant periods. A misdemeanor classification means punishment by imprisonment, a fine minimum of 10,000 AED, or Diya. Civil Compensation Claims A breach of trust is both a criminal and civil offense. The civil litigation may be used to seek compensation for financial losses from the victims. In a case, a civil court ordered repayment of Dh3.5 million, plus Dh200,000 compensation on criminal conviction. The court ordered 5 percent legal interest per annum from date of judgment till full payment. The final criminal judgments shall be binding in civil proceedings in respect of the circumstances of the crime and the attribution of responsibility. Impact on Expats: Deportation Risks The foreigners convicted will be deported once they have served their sentences. Article 121 is a provision that requires foreigners convicted of criminal offenses (felonies) punishable by imprisonment to be deported. The courts may order deportation as an additional or alternative penalty for misdemeanors. Conviction could lead to restrictions on doing business and participating in commercial activities in the Emirates. How Technology Crimes Increase Penalties The Cyber Crimes Law will attract those where technology is used to facilitate breach of trust, then the penalties are increased under Federal Law No. 5 of 2012. Courts would impose harsher penalties if technology were involved. The unauthorized access to confidential information, data breaches, identity theft, and misappropriation of digital assets represent new offense avenues. And the Federal Decree-Law No. 34 of 2021 provides a better legal framework to combat misusing of online technologies. Steps to Report and Document Your Case 1. Gathering Evidence: What You Need The first element of any breach of trust case is proper documentation. Primary evidence are bank statements, contracts, emails and messages. These documents prove trust and its subsequent breach. In an investigation, accounting records, internal correspondence and transaction receipts will strengthen the claim. 2. Filing a Police Complaint in Dubai There are three ways you can file complaints. Victims may visit the police stations in person with Emirates ID or passport. There is a digital option through online filing on Dubai Police’s website. Smart Police Stations provide 24/7 self-service kiosks with translation support. The complaint should contain the details of the claim, the date and place of the incident, and data about the witnesses and proof of the claim. 3. Providing Documentation to Public Prosecution After police registration, a financial audit will review disputed transactions. Investigators examine accounting documents, contracts, bank statements. If there are enough reasons, the case is sent to the Public Prosecution for review. Victims who choose to join the criminal complaint can submit their memoranda and evidence directly to the prosecution authorities. 4. Filing a Civil Claim for Financial Recovery A breach of trust will be resulted in both criminal prosecution and civil litigation. The victims can seek compensation through civil lawsuits in addition to the criminal prosecutions. The courts may also allow asset freezing measures and enforce financial recovery via attachment orders. A good Dubai lawyer can successfully navigate claimants through both the parallel processes. 5. Timeline: What to Expect After Filing After completing the registration of a complaint, police will start an investigation and interrogation of parties. The public prosecution reviews the findings of police and decides whether to file formal charges. If the court accepts the case, it will cause the initiation of legal proceedings. The engagement of lawyers in the UAE at an early stage helps to properly preserve the evidence, and the process is in line with the necessary procedures. Working with Lawyers in Dubai for Your Case When to Consult a Lawyer in UAE Seeking a competent legal advice at the earliest possible stage preserves evidence and avoids procedural errors. The best thing to do is speak with a lawyer in UAE, before things become out of the way. So that you can have your case properly assessed and proper documentation. Early legal advice mitigates risk and avoids mistakes during investigation. How a Good Lawyer in Dubai Can Strengthen Your Case A good lawyer in Dubai will learn about all the facts and review contracts, powers of attorney, and any financial documents relating to the case. And they will also challenge the elements like evidence of delivery or intent, negotiate lighter sentencing or plea deals, and represent clients in criminal and civil proceedings. Moreover, the legal professionals can offer early case assessment, strategic communication with authorities, and evidence analysis. Defense Strategies If You're Accused The defense involves thorough analysis of contractual relationships and internal correspondence. The legal professional can create a defense strategy based on the facts and documents that support it and then represent you in front of the police, the prosecution, and the court. Experienced lawyers monitor the legality of procedural actions at each stage of the investigation. Settlement Options Before Court The reconciliation agreements, whether they are financial or non-financial, must comply with the UAE laws. The cases related to financial offenses, fraud, and breach of trust where compensation is feasible are actually eligible for settlement. The parties can talk directly to each other or use neutral third parties to help them resolve disputes before the formal court proceedings. Choosing the Right Legal Representation Look into various criminal defense lawyers, particularly those who have dealt with similar cases. See what other clients have stated in testimonials and reviews. Schedule consultations for assessing knowledge, style of communication, and strategy for handling your case. Conclusion Cases like breach of trust are carrying serious legal consequences in Dubai, especially whenever they are handled without proper expertise. The victims need to act quickly, gather strong evidence and report cases through the appropriate channels. Without a doubt, seeking the advice of seasoned lawyers in Dubai makes the difference between successful prosecution and lost opportunities for justice. The engagement of a qualified legal counsel from the very beginning, individuals and businesses can safeguard their rights, recover losses and hold perpetrators responsible under UAE law. Key Takeaways The laws of UAE are strict for breach of trust cases, and knowing them will help you protect your business and personal interests in the country. Immediately collecting bank statements, contracts and communications to file police reports through Dubai Police stations, online portals or smart kiosks within the prescribed legal time frames For criminal breach of trust cases, the entrustment of property, misuse or embezzlement and intent to cause harm, must be proven to successfully bring charges. The right legal professional in the UAE with enough experience can help you properly review the evidence, negotiate settlements, and also represent you in criminal and civil cases. If convicted, you could be jailed for 1-3 years, fined up to 30,000 AED and deported (if you’re an expat). The penalties are harsher if you use technology. Victims can bring criminal and civil suits at the same time, and courts award full recovery, interest and damages. The early intervention legal expert will help with proper documentation which will strengthen defenses against breach of trust, whether you're a victim seeking justice or facing accusations requiring strategic defense. Frequently Asked Questions 1. What are the penalties for breach of trust convictions in Dubai? The convictions in breach of trust cases usually refer to 1 month to 3 years of imprisonment and a fine of AED 100 to AED 30,000. The courts may impose large monetary penalties, and in serious cases, imprisonment for longer periods. The foreign nationalities may also be subject to deportation after serving their sentences, and convicted persons may be subject to legal restrictions on conducting business activities within the Emirates. 2. What evidence is needed to prove a breach of trust case? To prove a breach of trust you need to have some documentation that shows that the person was entrusted with something and misused it. The Bank statements, contracts, emails, messages, accounting records, internal correspondence and receipts for transactions are key evidence in the case. These documents help to establish the three elements required: that property was entrusted to the accused, that misuse or embezzlement occurred, and that there was intent to defraud the rightful owner. 3. Can victims pursue both criminal and civil claims for breach of trust? Yes. In the UAE the breach of trust is a criminal offense as well as a civil offense. The victims may bring criminal prosecution through the public prosecution and civil lawsuits for financial compensation. The courts may order the restitution of all misappropriated funds, additional damages, and legal interest from the date of the judgment and approve the freezing of assets to enforce financial recovery. 4. How does breach of trust differ from theft under UAE law? The main difference is the manner of acquiring possession. The offender acquires property lawfully through employment, partnership, agency or contract in breach of trust and the intent to misuse arises after lawful possession. In theft the property is taken unlawfully with no prior relationship or position of trust and intent to permanently deprive the owner exists from the very beginning. 5. When should someone consult a lawyer for a breach of trust case? Legal advice should be sought at the earliest possible stage, preferably before matters become out of the control. The involvement of a competent lawyer in UAE at an initial stage helps to preserve evidence, prevent procedural errors and to evaluate the case correctly. If you are a victim or if you have been accused of a crime, it is critical to speak with a knowledgeable legal professional immediately so that they can help you to protect your rights and build your case for the investigation and the court process.

03 June 2026

Criminal Law

Illegal Drugs in Dubai: How to Stay Safe and Legal in the UAE

Every year, thousands of visitors and residents are caught off guard by the consequences of illegal drug use in Dubai. With 98% of the UAE’s population being expats, it’s essential for everyone to know what is prohibited by law. The challenge? If you are consuming prescription drugs which are common in the US, you could be breaking Dubai’s illegal drugs laws. This means that travelers and residents need to know which prescription drugs are illegal in Dubai, how severe the punishments are, and when to contact lawyers in Dubai for help. In this article we will explain the UAE’s zero tolerance drug policy, tell you how to stay compliant when travelling, advise you of the penalties you could face and how to get legal support from a lawyer in UAE if needed. Understanding Drug Laws in the UAE Zero Tolerance Policy Explained Federal Law by Decree No. 30 of 2021 on Combating Narcotics and Psychotropic Substances forms the basis of the UAE's approach to tackling illegal drugs in Dubai. This law provides for sanctions for the manufacture, import, export, transportation, purchase, sale, possession, and storage of narcotic and psychotropic substances, except when carried out in the framework of controlled medical or scientific activities. The enforcement reality is not limited to physical possession. Drug testing (blood, urine, or hair analysis) establishes the offense of 'use' without physical possession. If you have taken the drug legally in another country and then came here, the fact that you have a controlled substance in your system is evidence that you have used it. If substances of drugs are detected in your bloodstream while on UAE territory, courts might have jurisdiction under Article 17 of Federal Decree-Law No. 31 of 2021. What Prescription Drugs Are Illegal in Dubai Some of these are in controlled or semi-controlled classes: codeine, tramadol, some benzodiazepines (diazepam and alprazolam/Xanax), medications for ADHD (methylphenidate/Ritalin and amphetamine-based treatments), and some antidepressants. Cannabis-based medications (such as medical cannabis and CBD products that contain any THC) are not allowed with or without a prescription in your home country. Controlled Substances and Banned Medications The Ministry of Health and Prevention classification system divides-controlled drugs into two main categories. Narcotic and psychotropic drugs are classified as controlled Class A drugs (CDa) and semi-controlled as Class B drugs (CDb). Both categories require import permits from the Ministry of Health and are not available freely in UAE pharmacies. If you are importing controlled medicines, you will need to obtain approval from the Ministry of Health website before the journey. Visitors are allowed a three-month supply with approval; residents are allowed a twelve-month supply. All medication must be in its original packaging and have a valid prescription. Common Legal Drugs That Become Illegal in UAE Cold medicines with pseudoephedrine are restricted. Certain hypnotic and sedative drugs and sleep aids need approval. UAE customs tests all products for THC regardless of how they are labeled, and there is a possibility trace amounts of THC will be found in CBD oil and vape cartridges bought legally abroad. Cannabis metabolites can be detected in blood and urine for weeks after use, and hair testing can detect use over months. How to Stay Compliant When Traveling to Dubai Declare Your Medications at Customs You must tell customs officers what medicines you’re bringing into the UAE. The iDeclare mobile application makes this process easier, as you can self-declare medications either before or after you reach the airport. Items you must declare include medicines and other controlled items. If you are asked, declare your medications to the customs officer upon arrival. Keep medications in hand luggage with documents easily accessible. This transparency averts screening complications. Get Proper Medical Documentation For controlled medicines you will need a prescription and a medical report authenticated by the health authority where you are treated. Your medical report should be in English or Arabic and state your diagnosis, dosage, and duration of treatment. Start the attestation process at least one month before you travel. This includes notarization and authentication at the UAE embassy in your country of residence. Then submit your online application through the Ministry of Health website for approval. Controlled medicines may be brought in for a maximum three-month supply, and prescription-only medicines up to six months. All medication should be in original packaging with a valid prescription. Check Your Luggage Before Departure Before you pack, check the scientific name of the active ingredients in your medicine. Brand names are different everywhere, and customs officials look at the chemical makeup, not the product name. Check these active ingredients on the Ministry of Health's controlled medicines list. So if you have not received prior approval, dispose of any medication on the banned list. Do not carry baggage for people you don't know, as you become legally liable for prohibited materials. Understanding Airport Screening Procedures UAE airport inspections are thorough. Security procedures are in place to protect every traveler. The maximum volume of each liquid in hand luggage is 100 ml, and you are only allowed to carry up to 10 containers. A doctor's certificate is required for a metal medical device. Obey the instructions of security personnel on the roads around the airport. What to Do If You're Unsure About a Medication When in doubt, declare anything you are unsure of using the iDeclare app. If you intend to bring medicine into the UAE, you should seek advice from the nearest UAE embassy or consulate before you travel. Your doctor can tell if your prescription medication is a controlled substance. Essentially, the safest approach is: when in doubt, leave it out or seek approval. Penalties and Punishments for Illegal Drugs in Dubai Minimum Sentences for Drug Possession The penalties for possession of illegal drugs may vary by offense history and type of substance. First-time offenders could face a minimum jail term of three months or fines ranging from Dh20,000 to Dh100,000. For second offenses in three years, the minimum sentence is raised to six months or AED 30,000 to AED 100,000 in fines. Third or subsequent offenses are punishable with a minimum of two years' imprisonment and a fine not less than AED 100,000. The court can sentence the first and the second offense to imprisonment or to a fine, but for the third offense, the court must impose both penalties at the same time. Under Dubai's illegal drug laws, it is prohibited to possess even small amounts; trace amounts are not considered an exception. Consequences for Drug Trafficking Trafficking carries severe penalties starting from five years' imprisonment and minimum fines of AED 50,000. The standard minimum prison sentence for trafficking is 10 years. Life imprisonment for large quantities or aggravated circumstances such as selling near schools or involving minors. The death penalty also exists in the law for repeat traffickers, but it is rarely applied in practice. Fines and Deportation Rules The fines could be between AED 50,000 and over AED 100,000 depending on the severity of the offence. Decree-Law No. 14 of 2025, Federal, which, effective 1 January 2026, made deportation mandatory for foreign nationals convicted of narcotics offenses. There are two exceptions: if the offender is a spouse or first-degree relative of a UAE citizen or if deportation could result in serious family harm and the family can finance treatment. Effect on Visa and Future Entry The UAE normally imposes lifetime bans on entry after a conviction for drugs. Arrests lead to immediate contract termination and make it almost impossible to secure future employment visas, and a criminal record can affect background checks required for employment, in the UAE. Getting Legal Help from Lawyers in Dubai When to Contact a Lawyer in UAE If you are arrested, summoned to police station or received court notice, contact lawyers in Dubai right away. If you are facing medication violations at an airport, you need legal help right away. If you get advice early on in an investigation, even if there are no formal charges yet, you will retain your procedural rights and be better prepared for any interviews with the police. If you are accused of any offense related to illegal drugs in Dubai, it is important that you get expert legal advice, even if you feel the accusations to be unfounded. How Legal Consultants Can Help Your Case In the UAE, a lawyer or legal consultant will do a complete evaluation of the case to see if the search was made legally, if the drug tests were reliable, and if the evidence was handled properly. Even minor procedural mistakes can lead to the dismissal of a case or a reduction in charges. Legal consultants’ bargain for reduction in charges or alternatives for imprisonment, such as rehabilitation programs. Moreover, the legal experts question the admissibility and authenticity of evidence in court; by proper documentation and expert testimony, the lawyers will prove that a controlled substance is medically necessary, protecting you from prosecution. Your Rights During Drug-Related Investigations You must be immediately informed why you are arrested, the reasons for arrest, and the specific charges. The right to silence is to avoid self-incrimination when being questioned. Effective defense depends on access to legal representation, which is fundamental. You also have the right to be questioned without being compelled to answer questions. And you have the right to have a legal representative to be present during questioning. Evidence obtained in violation of these rights may be inadmissible in court. Conclusion You have all the information you need right now to get to Dubai safely without getting into legal trouble related to drugs. Most importantly, keep in mind that the UAE has strict zero-tolerance policies and ignorance has not been a defense. Check your medications against the controlled substances list, get approval before you travel and declare everything at customs. Contact lawyers in Dubai immediately, if you have been arrested or detained to protect your rights and prepare your defense. Stay up to date, stay compliant and you will have a hassle-free experience in the UAE. Key Takeaways Know the drug laws of the UAE, If you are planning to travel to the UAE safely, you need to be aware of the strict drug laws. Even standard prescription drugs can have serious legal consequences. Possessing, using, or having drugs (or drugs in your bloodstream) in your body is a crime in the UAE, even if you consumed them elsewhere. Many prescription drugs that are legal in other countries (e.g., codeine, tramadol, ADHD drugs, benzodiazepines) require Ministry of Health approval to be brought into Dubai. Declare medications at customs, keep them in original packaging with prescriptions, and use the iDeclare app if unsure about any substance. First offenses may result in AED 20,000 fines and 3 months' imprisonment; subsequent offenses will lead to mandatory deportation and lifetime entry bans. In case of arrest, detention, or imprisonment, call the lawyers of Dubai at the earliest, the early legal intervention can question the evidence and protect your procedural rights. The best way is simple. If you are unsure of any medication or substance, get approval before or leave it at home. To protect your freedom and entering in the future to the UAE, it is essential to strictly adhere to these laws. Frequently Asked Questions 1. What are the penalties for drug possession in Dubai? First-time offenders will face jail sentences of no less than three months or fines ranging from Dh20,000 to Dh100,000. Second offenses within three years shall be punishable by a minimum of six months’ imprisonment or a fine of AED 30,000 to AED 100,000. Third or subsequent offenses attract a mandatory sentence of imprisonment of at least two years, as well as a minimum fine of AED 100,000. 2. What is the UAE's stance on drug-related offenses? The UAE has stringent laws against the use of drugs. This means that no production, import, export, possession, or use of narcotic and psychotropic substances is allowed unless it is done as part of supervised medical or scientific activities. Where you took the drug is irrelevant; having drug metabolites in your bloodstream is an offense. 3. What happens to foreigners convicted of drug offenses in the UAE? Federal Decree-Law No. 14 of 2025 – Mandatory Deportation of Convicted Foreign Nationals for Narcotics Offenses, effective from 1 January 2026 After drug offenses, courts typically impose lifetime entry bans to the UAE. Drug trafficking also carries a minimum jail term of five years and a fine of not less than Dh50,000. 4. Can I bring my prescription medications into Dubai? You may bring prescription medications with you, but many common drugs such as codeine, tramadol, benzodiazepines and ADHD medication require Ministry of Health approval before entry. You should declare that all medications at customs and bring them in their original packaging with valid prescriptions. You should also obtain proper medical documentation authenticated by health authorities. With approval, travelers may bring a three-month supply of controlled drugs. 5. When should I contact a lawyer if I have drug-related legal issues in Dubai? Get a lawyer immediately whenever you are arrested, or called to the police stations, or receive a court notice, or if you are detained at the airport for medication violations. Early legal consultation is crucial even before formal charges. A lawyer can protect your legal rights, help you with any interviews with police, and challenge the evidence collected by the police and negotiate for a reduced charges or for an alternative sentencing.

03 June 2026

Real Estate

How to Resolve Off-Plan Property Disputes Through RERA Complaint in UAE (Easy Steps)

The residential properties sold in the real estate market in 2025, 69% where off plan. The Dubai Department of Land and Real Estate Regulation is most responsible for the trust, openness, and confidence of investors throughout the industry. . If there is any dispute, filing an RERA complaint is the best protection for property buyers in the UAE. The guidance of a best property lawyers in Dubai will make your needs easier. RERA provides a structured resolution process for buyers. RERA Complaint Against Developer: Step-By-Step Procedure was first published on. It will be helpful to understand the entire RERA-compliant process, from accessing the RERA-compliant Dubai portal to getting an RERA tracking compliant number results and knowing how to escalate options while filing an RERA complaint against a real estate developer What is RERA and its Role in Off-Plan Property Disputes The Real Estate Regulatory Agency was set up in 2007 under the Dubai Land Department to regulate the UAE property market in the emirate. DLD is responsible for maintaining property registration and title deed records, while RERA supervises day-to-day market operations. RERA is the one that monitors developers' conduct, licenses Dubai Real estate practitioners, and tracks the progress of the construction. RERA'S Authority over Off-Plan Transations RERA is the regulatory control wing of the Dubai Land Department. The agency is responsible for licensing agents, registering off-plan escrow accounts, and maintaining the Trakheesi system for all real estate activity. RERA brings transparency in UAE real estate dealings and legal cover to the buyers and developers. The agency also standardizes procedures for the sale, lease, and development of properties. RERA monitors the construction progress of all registered off-plan projects. RERA can take corrective action against a project that is unjustifiably delayed or has a developer who violates regulatory requirements. The agency can enforce fines, suspend the sales, or even cancel the ongoing project. RERA passes a reasoned order for cancellation of a project, and the developer is required to repay all amounts received from purchasers in accordance with the prescribed procedures. The agency has jurisdiction over regulatory violations, not over all property issues. The Real Estate Violation System is for violations of real estate rules and regulations and negative practices of licensed real estate companies and brokers. The system does not consider complaints related to rental issues, cancellation of contracts, reservations, or claims for financial compensation. When to file a RERA Complaint against a Developer In case of any regulatory violation, the developer can be approached with an RERA complaint. In case developers don’t register projects with RERA escrow or don’t complete SPAs beyond any grace period, buyers can approach RERA. Also, complaints are justified for developers who change unit specifications without consent or deliver construction defects within the 1-year warranty period. If a developer fails to meet the completion date of the SPA by more than 12 months and does not obtain an extension from RERA, he is in trouble. Buyers can ask for a full refund plus 9% annual interest on the payments paid. Developer complaints will be levied a filing fee of AED 1,000. We will respond to complaints within five working days. RERA is quicker than the normal court procedures and aims at disposing of complaints within 60 days from the date of filing. Types of Disputes RERA can Resolve RERA has a legal framework to deal with different types of disputes arising out of off-plan Dubai properties. This results in project delays when developers fail to deliver units within the agreed timeframe. The payment disputes generally are on not agreeing on the instalments scheduled, the escrow account, or the overdue payments. Contractual issues refer to the misinterpretation of clauses in the Sales and Purchase Agreement. Most cases arise when the property delivered does not satisfy the agreed specification. The title deed or the handover disputes concern the final transfer of ownership or the delay in the registration of property. Another violation can involve the developer misusing the protected escrow fund. RERA is the one who resolves these kinds of disputes through out-of-court settlement, like legal mediation, arbitration, or formal tribunal hearing, depending on the nature of the case. By local and international buyers, the fair and transparent pathway to resolution can be trusted. Common Off-Plan Property Disputes handled by RERA Dubai’s off-plan market is seeing disputes in different categories, each with its own RERA complaint process. The knowledge of these types of disputes allows the buyers to know when they need to file and what remedies are available to them. Construction delays & missed Handover Dates The most frequent reason for the RERA complaints against developers is delays. construction delays may happen due to funding delays, permit problems, and supply chain issues. But the delivery of the project promises in terms of a specific date or a certain period of time after the approval of legally binding terms. buyers have the right to claim and liquidate the damages or the actual losses suffered. Most sales and purchase agreements will contain liquidated damages provisions, according to the specified damages for each month of delay. According to Civil Code Article 390 (2), if the evaluation is oppressive or the actual loss has a difference, courts may adjust these points. Buyers who do not have pending penalty clauses can claim actual losses with documented features, such as interim housing costs and rent loss till the problem solved. By taking on too many projects at the same time, developers will face delays as well as funding issues. Design changes requested after approvals, contractor disputes, and poor project planning are some of the developer-caused delays. These causes are not force majeure events, and the developer is liable for breach of his contractual obligations. Changes of Specifications and Quality Problems The RERA regulations protect the physical asset that the buyers have agreed to buy. If the property delivered is not the property promised, for example, because of the use of unapproved materials or finishes, the buyer is entitled to full compensation with interest for the loss in value. If the delivered unit area is less than the Sale and Purchase Agreement, developers must compensate purchasers for that decrease, unless the decrease is deemed inconsequential. If the unit area increases, developers do not deserve extra payments. Violations of the Escrow Account As per law 8/2007, the off-plan properties payments must be made through the RERA-approved escrow accounts, having withdrawals linked to the stage of construction. Law 7/2006 says the infringement, such as misuse of escrow account, delay in registering, unapproved marketing, delay in delivery, or unacceptable conditions. In June 2024, the Dubai Land Department fined three such property developers AED 500,000 for violating escrow account rules. The developers also failed to submit the annual RERA audit reports in time and had no proper record of the escrow accounts. Fraudulent developers opening unregistered escrow accounts violates Article 2, and commingling funds in multiple projects violates Article 3. Title Deed Issuance Another type of dispute that RERA deals with is the final ownership transfer or delayed property registration. When a project is issued with a completion certificate, the developer shall not refuse to hand over or register any unit in which the buyer has complied with all their contractual obligations. Unauthorized Changes to the Contracts Any changes in the already agreed unit specifications or building design which showed earlier not authorized in writing may give the purchaser the right to revoke. Delays and disputes can be happened by changes to building specifications or design approvals. In case of a change of specifications without the consent of the desired buyer, the buyer can resort to the RERA complaint procedure and seek remedies as per the regulatory framework. Step-by-Step RERA Complaint Procedure The right preparation is the beginning of the filing. The strength of any RERA complaint procedure depends on the evidence presented at the beginning. Step 1: Collect Required Documents and Evidence Before accessing the RERA complaint portal, the buyer has to get all the necessary documents. copy of the passport or Emirates ID, sales and purchase agreement, proof of all payments made to the developer before are some examples. If there is any formal communication with the developer through any emails, WhatsApp messages, photos, or videos of any physical defects involved. The important document involves the oqood registration certificate, especially for off-plan properties. Step 2: Visit the RERA Complaint Dubai Portal Complaints can be filed in two official ways. Buyers open the Dubai REST mobile application or the website of the Dubai Land Department. You can access the Real Estate Violations Complaints service through the portal. This service handles violations by real estate companies. You are required to read and accept the system's terms before you can continue. Complaints that do not meet the specified conditions will be closed. Step 3: Fill out the Online Complaint Form. The complainant is required to fill in the complaint form with details such as name, mobile number, email address, and Emirates ID. Then you will look up the developer company name and pick the right entity to add the defendant details. Select the appropriate complaint type from the list of options provided and choose the complaint category that matches the specific violation. Incorrect data entered will cause the complaint closure. You need to select an appropriate company name and complaint type. STEP 4: Provide Support Documentation Attach supporting documents that will confirm the alleged violation of real estate activities. Upload all the evidence files you created. For example, contracts, payment receipts, screenshots, email correspondence, and photos or videos documenting the issue. The description of the violation should be factual and should include specific dates and events. STEP 5: RERA Complaint Number and Acknowledgement Once the submission is verified with an OTP code, the system will generate an official complaint number. This RERA complaint number is for reference for tracking all future communication. The Complaint Administrator receives the request and forwards it to the Sector Coordinator within one working day. The Complaint Administrator contacts the customer to verify the information provided. The time expected to respond to complaints is five working days. The status of complaints is notified through SMS and email. STEP 6: Check the Status of your Complaint RVS Complaint Tracking service allows you to check the status of a complaint at any time, through the DLD website or the Dubai REST app. Enter the complaint number in the query field and click submit to display the latest status on-screen. The system is capable of downloading a PDF report that summarizes the closure status. The complaint undergoes review stages wherein the Sector Coordinator gets into the case and responds as per within three working days. What Happens when you File your RERA Complaint After the information is verified by the complaint administrator and the case is handed over to the sector coordinator, RERA starts a formal dispute resolution process. The process is intended to have quick conclusions. RERA Initial Review Process RERA examines the complaint for completeness and admissibility. The authority checks the complaint for completeness and ensures that the project is registered with RERA and the matter is within its jurisdiction. If admitted, a notice is sent to the developer stating the grievance and inviting the developer to respond. The admission takes place within 7 - 15 days after all the required documentation is attached. Settlement and Mediatio Efforts RERA may refer cases for mediation or conciliation in an effort to amicably settle the disputes. The specialist committee will look at the evidence and may invite both parties to a mediation hearing. In this stage, RERA examines the developer's adherence to the project registration and escrow account provisions. Through mediation sessions, parties can explore a realistic settlement. A neutral facilitator has to lead the talk, and the parties agreed that the decision can be settled in writing and enforced as an agreement RERA Investigation & Developer’s Reply The developer has a set period of time in which to file their written response to the complaint. The hearings are conducted where both parties present their case, evidence, and arguments before the RERA adjudicating officer. Buyers send emails, agreements, receipts, and communications indicating delays or deviations. Developers offer counter-explanations. If more evidence is needed, they can have as many hearings as they want. Timeline of RERA Decisions RERA seeks to decide cases within 60 days of the filing of a complaint. If additional hearings or additional evidence are required, the process may take longer than this. In case RERA fails to meet the 60-day deadline, the authority has to give a written explanation for the delays. Possible Outcomes and Solutions After hearing arguments and documents, RERA passes an order. The order may require the developer to give Occupancy, pay interest, refund money or take other acceptable action. Penalties can be fines, interest payments or cancellation orders. In case the developer does not comply with the RERA order within the stipulated period, the buyer can move for execution of the order. Addtitional Suppport and options to Escalate Buyers can call RERA on 800-4488 (toll-free in Dubai) or +971-4-203-0555 (international) or via the DLD REST app for updates. Dubai land can be contacted by email for documentation, and responses are expected within 7-10 business days. RERA Complaint Email Contact for Status The RERA complaint email is an official way to submit additional documentation or to ask for status updates outside of the tracking portal. When matters are time-sensitive, phone contact or the app is quicker than email. When to Seek Legal Assistance Disputes worth AED 100,000 necessitate the intervention of a DLD-registered property consultant. Fees will be AED 5,000 -15,000. RERA specialized real estate lawyers guide the clients through the intricacies of the system and provide legal advice. They represent clients in RERA matters and help them understand their rights and obligations in real estate transactions. In the event of mediation failing, property lawyers in Dubai prepare and file original complaints with DLD/RERA. They are cases filed before the Dubai Courts, and they are related to judgment enforcement. Escalaton to Dubai Courts or Special Tribunal Complex legal issues or disputes that could not be settled by RERA may be escalated to the UAE courts. The Rental Dispute Settlement Centre is the only competent body in Dubai to decide on tenancy disputes. The filing fees vary depending on the nature of the claim.. The Dubai Property Court handles all property disputes except those excluded by other laws or decrees and has a maximum filing fee of AED 40,000. Cases are decided in 6-18 months some times more, generally. Judgements can be enforced, but it can take 2 years or more. Appeals can go all the way up. Understanding your Rights Throughout the Process If the losing party fails to comply with the judgment within 15 days, buyers can seek enforcement through the Dubai Courts. Courts can freeze bank accounts, garnish wages, or issue travel bans. RERA tries mediation initially. “In case mediation fails, the case goes to the RDSC tribunal, where the decisions are binding and can be enforced through the Dubai Courts.” Conclusion The RERA complaint procedure now gives buyers all the tools they need to protect their real estate investment UAE in off-plan property. The process is structured and provides a clear path to address developer violations, from logging into the portal to receiving a complaint number and following resolution. RERA, for the most part, resolves disputes in 60 days, which is much faster than the traditional court process. Buyers should collect all documentation and file complaints at the uae protime of violations. They need to keep track of cases consistently. Remember, real protection against construction delays, violation of quality, and escrow is provided by RERA’s powers of mediation and enforcement. For complex disputes requiring judicial intervention, escalation to the Dubai courts remains an option if necessary. Key Takeaways UAE property buyers can file an RERA complaint, which provides a structured 60-day resolution process for off-plan disputes, much faster than the traditional court process. Documentation in full, such as SPA, payment receipts, and correspondence, should be collected before filing through the Dubai Land Department portal RERA includes delays in construction, quality problems, escrow violations, and changes in specifications, with remedies such as refunds and compensation The complaint process involves online filing, receipt of a tracking number, mediation attempts, and binding decisions within 60 days. Unresolved disputes can be taken to the Dubai Courts, or legal representation can be obtained for claims above AED 100,000 RERA has the power to fine, to impose interest payments and to cancel projects and so it really protects property investors. Off-plan properties represent 69% of residential transactions, and average prices are AED 6.52 million. The main protection against developer violations is RERA complaints. The system’s mediation approach and binding enforcement make it an indispensable tool in protecting substantial property investments in Dubai’s dynamic real estate market. Frequently Asked Questions 1. What are the types of property disputes that RERA can handle in Dubai? RERA is handling lots of disputes related to properties, which are off-plan property delay disputes, delayed or missed handover dates. specification and quality issues, escrow account violations, title deed issues, and unauthorized contract changes. Such cases are normally settled through out-of-court settlements like mediation, arbitration, or formal tribunal hearing as per Dubai property law and RERA regulations 2. How to file a complaint with the help of RERA in Dubai? To make a complaint to RERA, you need to log in to the Dubai Land Department website or the Dubai REST mobile app. Go to the “Real Estate Violations Complaints” service and fill in the online form with your details and the developer’s details. Attach supporting documents and send. You will be given an immediate complaint number for your records. 3. How long does RERA usually take to resolve property disputes? RERA has a 60-day timeline normally for the resolution of complaints from the date of filing. The cases should be transferred to the sector coordinator within a working day, and a response can be expected within five working days. However, if any more evidence is required, it could take longer than 60 days to process. 4. What are the documents required for filing a RERA-compliant? Copy of Emirates ID or passport, Sales and Purchase Agreement(SPA), Payment proofs if any, communication evidence with the developer through any media (emails, WhatsApp messages), Oqood registration certificate, payment receipts that made, and any inspection reports if available or photos of defects. Documents must be in JPG, PNG, or PDF format for uploading. 5. What if the decision of RERA does not resolve my dispute? If the RERA’s resolution is not satisfactory, or the developer does not comply with the order, you can escalate the matter to the Dubai Courts or the specialized Property Court. If the dispute is more than AED 100,000, hire a property consultant or a lawyer registered with DLD. If the losing party does not comply within 15 days, you can apply to the Dubai Courts to enforce the decision.

03 June 2026

Real Estate

How to Navigate Off-Plan Property Dispute: A Practical Guide for Property Investors

Disputes over off-plan property can make a promising investment into an expensive nightmare. Property investors are often left frustrated and financially exposed by delayed construction timelines, unexpected specification changes and contract breaches. These challenges are most often found in fast-growing emerging real estate markets. Often, investors are not aware of their rights or the remedies available to them in the event of a dispute with a developer. This practical guide teaches property investors how to identify warning signs, take preventative measures and resolve disputes effectively. It also deals with legal remedy and compensation in the protection of investment interest. Having knowledge of these investment strategies will allow investors to approach current disputes or future off-plan property investments with confidence. Disputes Relating to Off-Plan Property What does Off-Plan Property mean? An off plan property is a residential or commercial property that is bought at an early planning stage or before it is completed. Buyers purchase the property from the developer based on architectural plans, floor plans and show units, not from built structures. Off-plan properties make up a significant chunk of the property market in Dubai, accounting for more than 60 per cent of all transactions. Off-plan deals comprised some 69% of sales value by Q1-2025, with AED 79 billion out of a total AED 115 billion. Average transaction value during this period was AED 6.52M. Unlike ready properties, the purchase structure is different. Buyers of the property usually pay in stages, for construction milestones, staggered payments as the project progresses with an initial deposit of 10-15% of the total. There should be an RERA approved escrow account and all the payments for the off-plan project should be done through it and withdrawn on the tried and certified stages of construction. The transaction is formalized via a Sales & Purchase Agreement (SPA) that sets out the responsibilities of each party. Common types of Off-Plan Property Disputes Off plan property disputes are disputes between buyers and developers of property bought off plan, before they have even been completed. These kind of disputes normally happens due to the breaches of the contractual obligations or regulatory infringement. real-estate. The most common types of dispute encountered are: Construction delays past agreed handover times, often way beyond the grace period that contracts include Deviations from property specifications including deviations from layout, size or quality of finishes without the buyer's consent Projects cancelled or suspended due to financial difficulties or regulatory issues with developers Quality deviations on delivery resulting in claims for corrective work or price adjustment. Improper use of escrow account or failure to comply with required escrow deposit Marketing material which is false or misleading in respect of describing the project features, amenities, views or delivery time Disputed payment plans Unexpected charges, unfair penalties or sudden pressure to pay Developer bankruptcy before project completion. Investors unable to recoup investments . Why do these Disputes arise The mismanagement of finances is one of the most common reasons for disagreements about off-plan property. Developers who overcommit to projects can have their construction progress halted by cash-flow constraints. Contractors are not off the hook either, with disputes, poor project planning and supply chain disruptions also causing delays. Problems with design changes requested after approval. Some builders will make changes during construction that change the design of the building, the layout or the amenities in ways that don’t meet the expectations of the buyer. Changes to specifications could be unlawful depending on the sale agreement and regulatory approvals. Regulatory elements are important, too. Planning regulation changes, delays in obtaining permits from government authorities, and changes in master developers’ infrastructure all impact project timelines. These causes are not necessarily good defences to liability. Developers are normally expected to build in reasonable regulatory processing time in the initial project schedule. Other legitimate reasons for the delay may include unforeseeable events such as government restrictions or regulations, natural disasters or pandemic-related lockdowns. But it is the liability of the developer to prove this and every claim is assessed by the authorities on a case by case basis to understand whether the delay occurred not due to the negligence but due to the unforeseen circumstances. This is exacerbated by the lack of proper due diligence by buyers. Many investors, especially those new to the game do not do enough research on the track records of developers, the approvals for the project or the terms of the contract before they commit. Red Flag early Identification If one can escalate or find the problem earlier it will help to solve lot of problems. But by identifying the problem way before it happens we can save from a lot of money loss. The investors can take the right action before a huge loss or dispute. Construction Schedules Delayed The normal Sale and Purchase Agreement will have a clause within it for completion estimating a date for completion. Most contracts allow developers to extend this period for one year, for a variety of reasons. It’s not a warning sign necessarily, it’s a grace period which is normal practice in the industry. If a delay extends beyond the contractual grace period, there are consequences. If the project is delayed for more than six months from the agreed completion date, buyers can claim 1% of the value of the property for every quarter as compensation. Investors should be wary to check if developers have genuine reasons to seek extensions, or if they are simply exercising their contractual rights without any justification. It is not a one off and shows a pattern of regular delay without adequate explanation. It is a money matter that comes in it is a big. The regular delays without any valid reason shows huge money-related issues. not the one time. The repeated missed milestones indicate a pattern of developers’ inability to properly manage cash flow, which has resulted in difficulties in acquiring building materials or paying subcontractors on time. Equally concerning are poor quality schedule updates when contractors fail to provide required completion schedules or submit documents that cloud actual progress. Changes to Property Specifications Developers can’t change property specifications without following strict procedures. If there are discrepancies between promised and delivered properties such as unauthorised material or finish changes, buyers are entitled to full compensation with interest for the reduced value. “The regulations are clear and they define what is acceptable variation. If the area of the unit delivered is less than the area set out in the Sale and Purchase Agreement, developers must compensate the purchasers for the difference, unless the difference is considered insignificant. As a rule of thumb the final handover area in can vary from the agreed area by 5%. Legally, any increase over that limit can be challenged and developers are not permitted to charge more for larger units. Small technical tweaks are less of an infringement than major layout shifts. This can be anything from adding or removing rooms, or moving kitchens or bathrooms, to reducing the size of balconies or removing guaranteed features like storage rooms. Major changes require written permission from the sellers and approval from the Dubai Land Department and RERA. Developer’s Financial Troubles Observable signals may indicate financial or operational stress before formal problems are identified. The major design changes after launch suggest either poor initial planning, value engineering to cut costs or poor responses to sales. The high staff turnover in key project posts is another sign of instability. Developers who have aggressive launch cycles, launching multiple new projects without making much headway on previous projects, might be using new buyer deposits to fund previous commitments. Similarly, front-loaded payment plans, where 50% or more is due before groundbreaking, place disproportionate risk on investors and indicate cash demands regardless of what occurs on the construction front. The signs of trouble in paying are clear. There are no workers, no regular activity on the sites. Usually it's a sign the developer is having trouble getting trade credit if contractors show up and disappear for a while or refuse to work until they're paid up front. Violations of the Contract Clause The payment schedules attached to the SPAs must be strictly adhered to. If you do not pay when payment is due, your contract may be cancelled and any money you have paid the developers may be lost. But payment clauses should also foresee consequences for the failures of the developers, such as the application of interest on late obligations. Termination clauses typically favor the developer and set out the terms under which a contract will be terminated. These may include failure to pay, failure to obtain financing or bankruptcy of one of the parties. Investors should confirm that these clauses offer reciprocal protection in case developers don’t fulfill their obligations. The risk passing clause is the point at which the risk passes to the buyer. It is not the date the contract is signed but the date of transfer of the property. Real Estate Investors anf Risk Management Strategies There should be systematic verification procedures for investments into off-plan properties before signing any kind of agreement. Through proper legal due diligence, purchasers can greatly reduce their exposure to disputes and financial loss in relation to off-plan property. Due Diligence before Purchase The first step in protecting investment interests is to verify the registration of the project. All off-plan developments need to be registered with the Real Estate Regulatory Agency before any units can be sold. Unregistered projects are at great risk and can be suspended at any stage of development. The Compliance escrow accounts offer the financial protection for investors. Dubai law stipulates that all payments from buyers must be deposited into approved and authorized escrow accounts for specific projects by developers. The accounts keep money separate from the developer's operating accounts and money is released when certified construction milestones are met. Buyers should check the escrow details through the Dubai REST app and ensure that the account is active and with a trustee bank that is approved by DLD. There is no regulation of direct payments into the accounts of developer companies. Careful Examination of Contract Clauses A professional should review the Sales and Purchase Agreement prior to execution. There are some clauses that need careful thought – the completion dates should be based on the original representations, the extension clauses should be time limited rather than open ended and the unit specifications should be recorded to ensure the property is as agreed when it is taken over. Payment schedules should be linked to real construction milestones, not to arbitrary dates. This framework gives a safety net to buyers if development slows down. The name of the contracting party on the contract must match the registered developer or owner. Check the Developers’ Credentials You can see patterns of reliability in developer track records. Ask developers what their experience is with similar projects and what their track record is for completing developments on time. Court Searches Court searches are conducted to check if there are any claims against the parties that could impact the project. Developer entities are verified to ensure they hold valid commercial registration with the Dubai Department of Economic Development. Understand your Right The SPA may provide for negotiation of indemnities by the buyers, and for termination of the contract, if necessary. In some laws, delays may be treated as negligence and proceedings may be instituted even if there are no specified periods in the contract. Lawyers advise the buyers on the terms of the SPA, including the compensation provisions in respect of delay or non-delivery. Track Everything Full record keeping safeguards interests through the development stages. Buyers can be use RERA tracking system to development updates from the developer and progress reports . Keep receipts for payments, correspondence, and registration certificates in the event of disputes, regulatory intervention or legal proceedings. Alternative Dispute Resolution ADR And when prevention fails and Off-Plan property disputes do arise, there are several routes to resolution. The UAE’s legal framework encourages parties to settle disputes amicably before approaching the courts. Direct Negotiation with the Developer The cheapest way to resolve disputes is direct negotiation between buyers and developers. This method solves problems very quickly and maintains relationships in business and confidentiality. All communication, agreements and receipts for payments must be in writing to firm up negotiating positions and to have proof if things go off the rails. If the parties agree to negotiations, legal counsel will present arguments and evidence to obtain a fair award or project completion. If construction delays are spiraling out of control, or if the developers are not responding, formal communication via legal representatives can assist in pushing for resolution without the need for regulatory or judicial intervention. Mediation Services When direct negotiations break down, mediation offers a structured alternative. The DIFC Courts Mediation Service Center was set up by Resolution No. 2 of 2025 to provide registered mediators to assist in the resolution of disputes through alternative means other than traditional litigation. The whole process is highly confidential and open for negotiation between the parties. There are many benefits of using mediation to resolve off-plan property disputes. Sessions can be virtual with fully electronic services, so geographical barriers can be broken down. It costs less than a court case, and it produces results more quickly. The parties control the outcomes . The parties negotiate the terms directly , they don ’ t accept judgments imposed on them . Settlements can be entered into as enforceable agreements or unenforceable agreements by mutual agreement. Complaints to Regulator Real Estate Violations System handles violations from the Real Estate Regulatory Authority. Complaints can be submitted electronically via the Dubai Land Department website or Dubai REST App and expected response within 5 working days. Attachments are necessary to establish violations. The system has its disadvantages. (excluding claims for indemnity, claims for a refund, applications for revocation of a contract and disputes about a contract) RVS has no competence in disputes relating to contracts concluded for a period of more than six months. Judicial authorities should take these issues into consideration to protect the rights of all parties. Court Procedings Civil litigation is a last resort when all other avenues have been exhausted. In the UAE civil courts, the buyer may seek either specific performance of the contractual obligations or cancellation of the contract and restitution of damages. The damages shall be paid in the form of money, unless the judge decides to restore the status quo, according to the circumstances of the case, in accordance with the provisions of Article 295 of the UAE Civil Transactions Law. If there is a delay of over 12 months, if construction is not going ahead or if there is miniscule progress or if developers make suspicious demands for payments, legal action is recommended. Legal Remedies and Potentials Compensation Cancellation of Contract & Refunds If the developer does not fulfill his obligations, the buyer has the legal right to terminate the contract and get a refund. The refund amount is based on a percentage of the project completed at the time of termination. Developers can retain up to 25% of the value of the unit for projects that are less than 60% complete. Completion 60% to 80% – Retention increases to 40% of unit value. The refund must be made within 1 year of termination or 60 days from the date the unit is resold, whichever comes first. RERA can take final decisions to cancel projects and in such cases, developers will have to refund the entire amount received from the buyers with no deductions. Compensation for Dealy If the developer delays, buyers are entitled to receive money to compensate for any actual financial loss they suffer. You can claim compensation for loss of rental income, extra mortgage payments due to delays and ongoing rental costs for alternative accommodation. Liquidated damages clauses impose a penalty for each month of delay, but under Civil Code Art. 390(2) the court can adjust the amount if the estimate turns out to be unconscionable. Some contracts provide for compensation of 1% of the value of the property for each quarter that the delay exceeds six months from the agreed date. Damages for changes t Specifications If the area of the delivered unit is less than 5% of the agreed area, the developers need to compensate the buyers. Compensation shall be in accordance with the actual market value of the property on the date of the compensation. In one case, the courts ordered developers to pay AED 706,890.79 for the shortfall of the area with 9% interest from the date of filing, which amounted to AED 852,418.79. Making sure Contract Terms are met Under Article 274 of the UAE Civil Code, parties can ask for a contract to be terminated if obligations are not fulfilled. Courts consider claims for compensation on a case-by-case basis, determining actual losses on the basis of documentary evidence. The Special Tribunal for Canceled Real Property Projects adjudicates disputes for RERA-canceled projects. Its decisions are final and are enforced by Dubai Courts. Alternative Property Solutions There are other options available to you than cancellation such as assignment or resale of off-plan contracts. SPAs can be transferred to new buyers on the issuance of no objection certificates by the developer. Most developers want the minimum payment threshold to be at least 30% to 40% of the purchase price in order to accept an assignment. Summary Off-plan property investment does come with its risks but property investors can still safeguard their investment with the right planning and alertness. In the end, doing your homework before you buy, knowing your rights under contract and knowing the warning signs early can lead to successful transactions. Even the best preventive measures can't prevent disputes. there are several Disputes resolution systems are available be resolved in many different ways, from direct negotiation to formal legal proceedings. The key to successful off plan property dispute management is careful record keeping, proactive monitoring and taking necessary action when things go through unappropriate way. Employing these strategies, property investors can decrease their financial risk and improve their prospects of a favorable end result, whether it be through negotiated settlements or court decrees. Key Takeaway Investing in off-plan property is a risky business and you need to plan and be aware to avoid expensive disputes. Here are the key things every property investor needs to know: Conduct due diligence before purchase: Verify RERA registration of the project, escrow account compliance, and developer track record to mitigate investment risks. Watch for warning signs- Look for construction delays that extend beyond grace periods, non-approved changes to specs and signs of financial trouble on the part of the developer including constant design changes. Know your document and rights – keep a detailed record of all communication made, payments proceeded and progress of the updates. Learn what your legal rights are in case of delays or breaches of contract. Step up your resolution game in the right way– Start with direct negotiation with the other, then mediation services, then regulatory complaints, and finally legal action if you have not been able to amicably resolve disputes. It always need to be made sure the involvement of an experiences lawyer. Know your compensation options – Buyers can claim refunds on percentage of project completion, get compensation for delays, recover damages for changes in specifications or shortfall in area. The secret of successful off-plan property investing is to be prepared, alert and act quickly if things go wrong. When used by investors, these protective strategies significantly reduce the investors’ exposure to financial losses while increasing the probability of positive outcomes through negotiated settlements or judicial remedies. Frequently Asked Questions 1. How to Solve Dispute Between Property Investors & Developers in Dubai? Investors should contact the developer directly and keep written records of all communications. If this does not work, mediation services through the DIFC Courts Mediation Service Centre offer a confidential and cost effective alternative. Complaints related to any breach of regulations can be filed with RERA via the Dubai Land Department website or Dubai REST App. Finally, investors can seek legal recourse in the UAE Civil Courts for specific performance or cancellation of the contract with damages. 2. Can I change my plan, What is the compensation for off plan property delays? The law also states buyers can claim compensation for any real financial loss they suffer because of delays (such as lost rent, extra mortgage payments and having to stay somewhere else). Some contracts state if there are delays over 6 months from the agreed completion date the builder has to pay the property owner 1% of the property value per quarter. Courts consider documentary proof of actual losses when deciding on compensation claims. Each case is decided individually . 3. What are the checklists should investors do before investment in Dubai a safe off-plan property ? Safe property investment for investors is most commonly achieved through off-plan purchase. Investors must ensure that the project is registered with RERA and that all payments are being made to DLD approved escrow accounts and not directly to the developer. Ensure you and your legal team thoroughly review the Sales and Purchase Agreement paying particular attention to the completion dates, payment schedules and specifications. Check the developer’s reputation – how long did it take to complete previous projects, and are there any pending lawsuits? Keep thorough records of all communication, payments and progress during the development process. 4. Can I use my own domain as an email address? Refund rights of buyers cancelling off-plan project The refund due will be calculated according to the extent of the project completed when the buyer cancels. For projects less than 60% complete, developers can keep up to 25% of unit value. Completion 60-80%; retention 40% of unit value. If RERA passes a final order to cancel a project officially, the developers will have to refund all the money received from the buyers without any deductions. Any refund shall be made within 60 days of resale of the unit or within one year of termination, whichever is sooner. 5. What are the red flags of possible off-plan property disputes? Red flags include construction delays beyond the grace period in the contract with no valid explanation, property specifications or layout changed without your consent, or financial problems with the developer including aggressive launch cycles or front-loaded payment plans. Other signs are high amount of staff turnover in key project roles, unsual site activity, repeated significant design changes after launch, and workforce shortages which suggest subcontractors are finding it difficult to get paid.

03 June 2026

Content supplied by Dr Hassan Elhais

United Arab Emirates

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