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Private international law in UAE and Egypt


Because the number of expats in UAE are about 80 % of population and the country have residence from 180 countries, and this is creating a great problems and complications in respect of marriage and divorce of expats who are belonging to different nations.
We shall highlight the significant issues relating Private international law in UAE and Egypt.
According to The Personal Status law, it’s clear that the local law in UAE or Egypt will apply on both non-citizens parties – claimant and defendant- its provisions unless one adheres to the application of its law. 
This means that if a party – wife – is planning to file child custody case against her husband she has to think over the best result or benefit she will get if she asks to apply the local law in UAE or Egypt, if she finds that it’s international law – Canadian – law is better for her she can ask court to apply the Canadian law, otherwise will adhere to UAE law if it’s more suitable for her.
Second:-
Which law will apply on marriage:-
The applicable law for marriage for a marriage concluded between two different nations:-
 1 - For the objective conditions for the validity of marriage, the law of each of the spouses at the time of the conclusion of the marriage shall be referred to. 
For example if the marriage is concluded between Sudanese and Germany we have to look into these two provisions of law was followed such as the age of the bride.
If the law of the pride stipulated for marriage of a bride to complete 21 years and she married in UAE under law that allow the marriage of bride who completed 18 years, the parents or any others can ask courts to nullify that marriage for violating the Sudanese law – for example-
2 - However , as to the form of marriage between two foreigners , or between a foreigner and a national shall be deemed valid should it be concluded in accordance with the conditions of the State where it is concluded , or should it take meet the conditions set forth by the law of each of the spouses . 
As to formalities it’s clear that if marriage was concluded according to UAE forms, this marriage is accepted such as the number of witness and their religion, if the local UAE law provided that marriage is correct if the marriage is concluded if there were two Muslim witnesses, this marriage will be correct and valid in UAE.
Also the marriage will also be considered correct if the form of both parties was considered when concluding marriage.

Third: - The applicable law on divorce:-
1 - The law of the State of the husband upon the conclusion of the marriage shall govern the personal and financial impacts set by the contract of marriage. 
2 - On the other hand, divorce shall be governed by the law of the State of the husband upon the time of divorce. As for the cases of divorce and separation, the law of the State of the husband upon the filing of the case shall apply. 
So it’s clear for all brides that their local law will not apply in UAE, the applicable law either for finance or conditions for divorce or separation 
For instance if there should be a separation period, the applicable law for such period will be that set out in the husband’s law.

Fourth: - The applicable law on alimony and child support:-
In these cases the law of the abided person will be applied.
For instance if a British wife is filing a law suit asking for alimony in this case the law of the husband will be applied because he is the obliged one to pay alimony.

Fifth:- Inheritance and Probate
 1 - Heritage shall be governed by the law of the testator upon the death thereof . 
2 - The state shall be entitled to the financial rights lay on its territory to the foreigner having no heirs . 
3 - The objective provisions of the will and all actions related to, and the after - death actions shall be governed by the law of the State of the person carrying out such action upon the death thereof . 
4 - The form of the will and all actions related to the after - death stage shall be governed by the law of the State of the person carrying out such action upon the issuance thereof, or the law of the State in which such action took place. 
5 - Provided that the law of the United Arab Emirates prevails regarding the will issued by a foreigner in respect to the real - estates thereof in the UAE. 


For any private international law lawsuits in Abu Dhabi , Dubai, Rak, Sharjah, Cairo Egypt consult our lawyers.
Consult Dubai Lawyers, In Dubai, Abu Dhabi, and Cairo, Egypt for private international law.
http://www.egyptlawyer.com/private-intl-law/


Author: Ezz eldin Othman
For any private international law lawsuits in Abu Dhabi , Dubai, Rak, Sharjah, Cairo Egypt consult our lawyers, Which law will apply on marriage, The applicable law on divorce
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Ezz4law – Dubai lawyers- advise on investment, joint venture, in Abu Dhabi, Dubai for dubai-host-expo-2020/

Dubai – U.A.E. - wins vote to host Expo 2020
Sheikh Mohammed bin Rashid, Vice President and Ruler of Dubai, promised the city would deliver in 2020.
The President, Sheikh Khalifa, sent his congratulations.
“Our joy in the UAE was double by the win as it coincides with the celebrations of the 42nd National Day,” Sheikh Khalifa said.
Sheikh Mohammed bin Zayed, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces, sent his congratulations to the President, Vice President, and Rulers and people of the UAE.

“What has been achieved today is a great work that made us all happy ahead of our National Day celebrations,” he said.
 
The numbers were resoundingly clear in Dubai’s favor from the first round when the emirate beat back the opposition by raking up 47 per cent of the votes.
 
Jubilation marked each announcement in the observation room.

Hail Dubai’s winning bid to host Word Expo 2020, saying the win will lead to exponential growth across a wide array of sectors including real estate.
The win would accelerate development of iconic projects and lead to new project launches. 
"The Expo 2020 win to Dubai U.A.E is a significant milestone, and this will definitely translate into exponential growth across a wide array of sectors, namely hospitality, tourism, trade, shipping and logistics as well as real estate,”  
Nearly $3.45 trillion worth of projects are in the design, bid or construction stages until 2025 across the Gulf Cooperation Council countries, according to Zawya’s project tracking data compiled in November 2013.
Dubai has already announced major real estate projects such as Mohammed bin Rashid City, which includes the world's largest shopping mall, a family centre for leisure and entertainment set up in collaboration with Universal Studios, a public park larger than Hyde Park and over 100 hotel facilities;  Dh6 billion Blue-waters Island that will house Dubai Eye, the world’s largest Ferris wheel, and a Dh10 billion entertainment complex in Jebel Ali that will house five theme parks.
Dubai Expo 2020 opportunities the total investment in infrastructure-related projects in the run-up to Expo 2020 is estimated at Dh25 billion. The Expo will also inject over Dh140 billion in Dubai’s gross domestic product, create nearly 277,000 new jobs and draw over 25 million visitors to the country.
Lawyers, Investors hurry up, it have guaranteed investment.
Ezz4law – Dubai lawyers- advise on investment, joint venture, in Abu Dhabi, Dubai for dubai-host-expo-2020/

Don’t do it without legal services partners.
Ezz eldin Othman
http://www.egyptlawyer.com/dubai-host-expo-2020/
investment Expo 2020 estimated at Dh25 billion, inject over Dh140 billion in Dubai domestic product, create 277,000 new jobs and draw over 25 million visitors
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Health Fraud  - Fraud -crimes related to medic-care, healthcare, medical insurance A doctor and policewoman in dock over forged sick leave A woman doctor and a policewoman have been jointly accused of forging pre-dated medical leave so the policewoman could travel abroad. A doctor in U.A.E, A.B.. is accused of handing the 31-year-old .. policewoman, A.I., medical leave to justify the days she missed work Prosecutors accused the doctor of forgery, while the policewoman was accused of aiding and abetting her.
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To all international lawyers and law firms
How to do law practice in UAE
To all lawyers
I receive many inquiries on daily basis from lawyers outside UAE and Egypt and would like to open law firm in The UAE, because I replied this more than hundred times I shall brief to lawyers and law firms who are looking to open law firms in the United Arab Emirates or in Egypt.

1 – The lawyers in both countries who can be admitted are local lawyers; any expat will not be allowed to register as a lawyer in both of Egypt and United Arab Emirates.
2 – This means that as common only local lawyers who can practice this profession in Abu Dhabi , Dubai, Sharjah, Ajman , RAK of U.A.E and Egypt.
2 – All other nationalities can practice law but as legal consultants either by working for law firms which is owned by local lawyers or for any other companies, of course they will not defend or attend before any court.
3 – For big law firms who have more than 15 years of practice and have more than fifty lawyers can open independently – without local lawyers – as only legal advisors not advocates.
4 – In order to enter into the country to practice law you can get into partnership with local lawyer and agree with him for everything.
5 – You may know that the rent in UAE is very expensive, for normal law office you have to pay a rent of US $ 40000.00 forty thousand per annum.
6 – Lawyers who have an amount of minimum of US $ 150000.00 can take this step, otherwise I don’t advise.
7 - legal consultants can practice counsels in UAE , inside free zone too.
8 – In Egypt the rent and cost is half of this amount.
At any case these professions in both countries are very profitable.
UAE Is a tax free country.

http://www.egyptlawyer.com/practice-law-in-uae/

Author: Ezz eldin Othman
only local lawyers who can practice this profession in Abu Dhabi , Dubai, Sharjah, Ajman , RAK of U.A.E and Egypt, big law firms of more than fifty lawyers
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UAE bu Dhabi lawyers & attorneys, Dubai Cairo Law firm advise on labor law and regulation
Egypt, Cairo, Dubai, Abu Dhabi Sharjah, Ras Al Khaimah – U.A.E- advocates, barristers, lawyers for employment – labor- law
The labor ban in UAE federal Labor law
Employees working in the UAE may be banned for up to one year if they try to change jobs.
The ban can be implemented even when an employee quits his or her job after two years of service.
It can be lifted, however, if the new employer offers the candidate a better position than the existing one and a salary that suits the person’s qualification, according to a scale set by the ministry.
The rules and regulations that stipulate when a ban can be imposed and enforced depend on a number of legal grounds.
Traditionally, the Ministry of Labour can automatically impose a ban when an employer terminates an unlimited labour contract before completing one year of service.
As a general rule, a labour ban is still “imposed on all expatriate employees in the UAE who are working in the private sector when they want to change from one employer to another if they left the current employer without having completed a minimum of two years service.
 The employment ban, labour ban, work permit ban are used for the same thing which means one will not be allowed to perform any kind of work in the U.A.E. for a certain period of time and these are imposed for six months, one year, or there could be life ban.”
A one-year ban may be imposed at the request of a sponsor if a worker resigns before the completion of a limited period contract.
A permanent ban could also be given to absconding employees or those who violate the labour law.
But there are exceptions to the rules.
Residents can move to another company if the employee remains under the same UAE sponsor or if the employee has a higher level of education to fulfill a position that is needed within the country.
“Employees who have been slapped with a six-month labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company.”
Employees working in the UAE who receive a six-month labour ban for breaking an employment contract within two years can have the ban lifted if the employee is changing job for the companies under the same sponsor.
If the employee has a NOC (No Objection Certificate) from the current sponsor then he or she will be able to move to another company under a different sponsor.
The minimum salary in a new position is Dh5, 000.00 for high school diploma holders, Dh7, 000.00 for post-secondary school diploma holders, and Dh12, 000.00 for Bachelor degree holders.
No fee will be imposed for lifting the labour ban when these conditions are met, according to a senior administrator at the ministry.
United Arab Emirates’ Ministry of  labor is still imposing the six-month labour ban on employees who quit their jobs before completing two years of service, but the ban can be lifted if the new employer offers the candidate a higher position and a salary equal or above the salary set by the minister against his or her qualifications.
If the employee violates the contract in any way, then irrespective of resignation or termination, a ban can be enforced. 
Women sponsored by family:-
A mandatory six-month labour ban applies to both men and women, even if individuals are sponsored by family members, and is calculated from the date an employee’s labour card is cancelled at the Ministry of Labour.
A six-month ban imposed by the UAE Ministry of Labour on people who fail to complete the period of employment stipulated under labour rules also applies to working women sponsored by their family members.
Women seeking to change their jobs or leave work before completing the contractual obligation of two years with their employer would automatically be banned.
The ban would take effect the moment a woman under the sponsorship of her husband or father cancels her labour card.
 “This is an administrative ban, meaning that a block is inserted into the ministry’s computer system preventing an application for labour approval being processed against banned person’s name and passport number.
The ban cannot be lifted by paying a fine. 
 Expatriate workers would receive a one-year ban if they failed to get their sponsor’s consent before changing jobs.
“No one is allowed to switch jobs even if they complete many years in their [current job], without the consent of their sponsor.
The new law allows workers to change employment in cases such as when the company employing them has closed down and no longer exists.
“But those workers will be given one-year ban if they do not file a complaint at the Ministry in less than two months after the – closure- of their company.”

UAE Ban if employee wants to change from one employer to another if they left the current employer without having completed a minimum of two years service
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Why CIA collect data on international money transfers , through , money transfers co and banks either this money is in USA or Out.
This put an obstacles on transfers abroad in spite of being the client's money.
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UAE bu Dhabi lawyers & attorneys, Dubai Cairo Law firm advise on labor law and regulation
Egypt, Cairo, Dubai, Abu Dhabi Sharjah, Ras Al Khaimah – U.A.E- advocates, barristers, lawyers for employment – labor- law
The labor ban in UAE federal Labor law
Employees working in the UAE may be banned for up to one year if they try to change jobs.
The ban can be implemented even when an employee quits his or her job after two years of service.
It can be lifted, however, if the new employer offers the candidate a better position than the existing one and a salary that suits the person’s qualification, according to a scale set by the ministry.
The rules and regulations that stipulate when a ban can be imposed and enforced depend on a number of legal grounds.
Traditionally, the Ministry of Labour can automatically impose a ban when an employer terminates an unlimited labour contract before completing one year of service.
As a general rule, a labour ban is still “imposed on all expatriate employees in the UAE who are working in the private sector when they want to change from one employer to another if they left the current employer without having completed a minimum of two years service.
 The employment ban, labour ban, work permit ban are used for the same thing which means one will not be allowed to perform any kind of work in the U.A.E. for a certain period of time and these are imposed for six months, one year, or there could be life ban.”
A one-year ban may be imposed at the request of a sponsor if a worker resigns before the completion of a limited period contract.
A permanent ban could also be given to absconding employees or those who violate the labour law.
But there are exceptions to the rules.
Residents can move to another company if the employee remains under the same UAE sponsor or if the employee has a higher level of education to fulfill a position that is needed within the country.
“Employees who have been slapped with a six-month labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company.”
Employees working in the UAE who receive a six-month labour ban for breaking an employment contract within two years can have the ban lifted if the employee is changing job for the companies under the same sponsor.
If the employee has a NOC (No Objection Certificate) from the current sponsor then he or she will be able to move to another company under a different sponsor.
The minimum salary in a new position is Dh5, 000.00 for high school diploma holders, Dh7, 000.00 for post-secondary school diploma holders, and Dh12, 000.00 for Bachelor degree holders.
No fee will be imposed for lifting the labour ban when these conditions are met, according to a senior administrator at the ministry.
United Arab Emirates’ Ministry of  labor is still imposing the six-month labour ban on employees who quit their jobs before completing two years of service, but the ban can be lifted if the new employer offers the candidate a higher position and a salary equal or above the salary set by the minister against his or her qualifications.
If the employee violates the contract in any way, then irrespective of resignation or termination, a ban can be enforced. 
Women sponsored by family:-
A mandatory six-month labour ban applies to both men and women, even if individuals are sponsored by family members, and is calculated from the date an employee’s labour card is cancelled at the Ministry of Labour.
A six-month ban imposed by the UAE Ministry of Labour on people who fail to complete the period of employment stipulated under labour rules also applies to working women sponsored by their family members.
Women seeking to change their jobs or leave work before completing the contractual obligation of two years with their employer would automatically be banned.
The ban would take effect the moment a woman under the sponsorship of her husband or father cancels her labour card.
 “This is an administrative ban, meaning that a block is inserted into the ministry’s computer system preventing an application for labour approval being processed against banned person’s name and passport number.
The ban cannot be lifted by paying a fine. 
 Expatriate workers would receive a one-year ban if they failed to get their sponsor’s consent before changing jobs.
“No one is allowed to switch jobs even if they complete many years in their [current job], without the consent of their sponsor.
The new law allows workers to change employment in cases such as when the company employing them has closed down and no longer exists.
“But those workers will be given one-year ban if they do not file a complaint at the Ministry in less than two months after the – closure- of their company.”

UAE Ban if employee wants to change from one employer to another if they left the current employer without having completed a minimum of two years service
1
Add a comment...
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Have them in circles
128 people
Online International Translation's profile photo
UAE-Laser TechArt's profile photo
ahmed Hassanin's profile photo
International Referral's profile photo
HFH - Hijabs For Her's profile photo
Real Estate Cairo | RealtorCrunch's profile photo
Eleana Xenophontos's profile photo
Alma Korshak's profile photo
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We worked inside banks , practices all banking transactions practically, we understand the banking regulations and rules.
We are among the best Cairo Egypt Lawyers And Abu Dhabi Lawyer, Dubai attorneys, Rak lawyers, Sharjah lawyers in : mediation, arbitration and litigation,  in Civil law, Criminal law and  trial defense, accidents, personal injuries, traffic crimes, corporate, banking, health care, fraud, medical, insurance and reinsurance, anti- corruption, commercial, trade, real estate, lease and sale of property, free hold, housing, construction,