Getting Married is an exciting milestone. On the flip side, it’s important to consider the potential challenges attached to marriage. Spouses should be prepared for them. While it may not be the most romantic topic, thinking about the potential outcomes and their repercussions. Therefore, having a plan in case of irreconcilable differences is a wise, safe, and intelligent move.
- One of the ways to deal with these concerns through the Prenuptial Agreement. It is also known as a “Prenup.” It is an agreement a contract which is established between prospective spouses before the marriage. It becomes effective upon marriage. A well-prepared prenuptial covers various issues and matters that could arise in the future. It covers and manages several issues and problems for matters like divorce, separation etc. Family Lawyers, with Emirati Background has to do this. Emirati Lawyers are just entitled or allowed to enter inside the court premises and get themselves enrolled with a Power of Attorney.
- It discusses marital and premarital assets. This also includes the ability to buy, sell, use, or transfer assets, property, and other things. A prenuptial agreement helps in managing and controlling the property.
- A properly designed prenuptial contract may also include provisions and clauses. This will be modifying or eliminating spousal support (alimony). It also inculcates the handling of the spouses’ estates in the event of disability or death. They will choose the laws that govern the interpretation of the agreement. It can cover other relevant matters related to the rights and obligations of the spouses upon divorce.
- Moreover, it’s quite important that child support cannot be predetermined in the agreement being discussed at the moment. This is because these decisions must be made based on the best interests of the children. It is decided by a court in the UAE.
- The enforceable premarital agreements have to be in written format as per the requirement. In many jurisdictions, written disclosure of all assets owned by each spouse at the time of entering into the prenuptial agreement is required.
- This helps in clarifying that which properties were taken to the marriage, which is before the marriage or after the wedding. Nevertheless, it identifies any liabilities each party brings to the relationship.
- After the wedding, the prenuptial agreement can generally only be amended or revoked at any point in time. It is revoked or amended through a written agreement of both parties.
- Tearing up an agreement may be dramatic. But still, it does not revoke the prenuptial agreement. To make sure about the the enforceability of a prenuptial agreement, it’s crucial to seek legal help. Therefore, legal advice and assistance from professionals familiar with family law in UAE is recommended.
- In conclusion, it does provide clarity, ease, comfort, security, and protection for both spouses. Under unforeseen circumstances, it is of great assistance. By addressing potential issues in advance, couples can approach their marriage with a sense of security, peace of mind, and a plan for the future. Read More: Advocates and Legal Consultants in DUBAI for Prenup and Postnup agreements.
Amendments to UAE Labour Law Regarding Unused Annual Leave Encashment
There have been some changes introduced to the regulation of Labour Relations. A significant revision was made to the UAE Labour Laws after a long time. The scope of the new Labour Law remains indifferent. Moreover, it is also a way to unite the labour force in the UAE.
MOHRE) has been making efforts to emphasize workers’ rights and protection. Therefore, with the changes, they are hopeful to achieve the goal. For advanced rules, Employment Lawyers in Dubai, are the only and best option, in order to grab the latest rules on this topic as well as many others.
Additionally, it has also increased the duties on companies, businesses, and enterprises. Now they need to amend their agreements and contracts, rules, and handbook along with their work practices. All old employment contracts have to be shifted to new contracts. The new employment contracts are already on new pattern since February 2022.
There was an ongoing debate on workers who have not used their annual leaves to request the encashment for the unused annual leaves. According to the new changes in law, the Ministry of Human Resource and Emiratisation (MOHRE) established specific specifications for this.
Now the employee can request to carry forward or for compensation for the annual leave according to the laws. The employer cannot restrict the worker from using to accumulate annual leave for over 2 years.
Now the employee is entitled to get the payment of the leave days that remained unused. There is no time bound to it and thus accumulation takes place till he quits the job.
In UAE the workers are entitled to 30 days of annual leaves per annum. Moreover, the employee is eligible for the ‘cash in lieu’ for the unutilized annual leaves. Now the commutation is done on workers’ base monthly compensation.
In case, an employee doesn’t take the annual leave, they can jointly work over the compensation with the company. Moreover, under the law, the worker can carry forward half of the annual leaves to the next year.
Both employee and employer can agree upon a lieu based on the salary. Similarly, the employee is allowed to carry forward half of the annual leaves to the following year. Any worker is not permitted to work with an employer without getting paid for unused annual leaves. MOHRE further added by stating that employer and employee can work together either to carry forward the annual leaves to the next year or agree on a certain cash allowance depending upon the salary.
This will benefit the employee. A suitable arrangement between the worker and employer will allow the employee to make some revenue out of it.
The cash allowance will be equal to the basic wage rate of the remaining period he is eligible to take the leave in a year.
Labour and Employment Lawyers in UAE can assist you in understanding the complexities. He can guide you according to the aforementioned legal restrictions regarding the unused annual leave encashment. Take benefit of the opportunity and feel free to connect to a specialized and proficient labor lawyer.
- Employment Lawyers in Dubai, as we said above the best Lawyers in Dubai as well as UAE. For example, UAE Labour Law understanding, new rules, New UAE Labour Law, Unpaid Salaries, Immigration Issues, VISA Issues, documentations. Even for Pre-Nup and Post-Nup agreements, by the Family Lawyers in DUBAI are also drafted with expertise.