UAE legal Q&As: What can I do to retrieve my Dh300,000 business investment?



Q: I became partner in a business with a man who lives in a different emirate. I sent him Dh300,000 through a bank transfer to start the business but one year later he kept saying the business was losing money and he refused to return the amount to me. Is there anything I can do to get my money back? I don’t have any documents, such as a business contract, though my wife was witness to all the calls between myself and this man.

A: Firstly, you must lodge a complaint with the nearest police station, providing a hard copy of the money transfer you sent the man. It should clearly state his name as a recipient. Also tell the police that there have been a number of phone calls with this man that reveal the details of your business relationship and that have been witnessed by your wife. When the case is referred to prosecutors for further investigations, they can submit a request with your telecoms company to obtain recordings of the calls you have made with the man. After the investigation, and if you are proven to be telling the truth, the man will be referred to court on fraud charges. At this point you can also lodge a case with the civil court seeking financial compensation.

Q: I’m a married woman with three children and I recently agreed with my husband to get a divorce. However, he refused to provide a home for me, saying that my employer provides this for me. Can he do this?

A: According to the Personal Status Law, a woman who gets a divorce is entitled to alimony and a residence provided by the ex-husband. However, article number 63 from the law mentioned above states that when deciding the amount of alimony for food, clothing, residence and other purposes, the financial circumstances of the ex-husband and that of the wife have to be taken in consideration. Article 148, paragraph 2, from the same law, states that if the ex-wife is already has a home, either provided by an employer or one that she owns her self, then she is not entitled to a residence paid for by her ex-husband.

If you have a question for our lawyer, please email it to newsdesk@thenational.ae with the subject line “Know the law”.

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