UAE non-Muslim family law comes into effect today

The federal personal status law is in line to strengthen the country’s position as a destination for tolerance, family stability and demographic diversity.

In case the expat does not request for the application of the new personal status law, the court will apply the present law to the matter.

Civil marriage conditions for non-Muslim expatriates

• The spouses shall not be less than 18 years old. Their age shall be verified by the document issued by the state of their nationality.
• Both spouses are required to give consent to the marriage before the authentication judge, and prove that there is no legal impediment that prevents the marriage.
• Both spouses are required to sign the declaration form.
• Marriage shall not be established between siblings, or with children, grandchildren, or uncles.
• Any other conditions prescribed in a decision of the chairman.

‘No Fault’ divorce

Divorce can now be granted based on the will of a spouse to end the marriage without the need for justification or proof of wrongdoing from either parties.

The divorce will take place in the first session upon registration of the lawsuit before the court, without the need to refer the case to the family guidance department.

Alimony

Post-divorce, the wife can submit a request to the court for alimony from her former husband. In case of not reaching an agreement regarding the conditions or controls of such alimony or any other financial support in the marriage contract, the support and its duration shall be determined based upon the assessment of multiple factors including years of marriage, age of the wife, economic status and more.

Joint custody

• Custody of children is a joint and equal right for both parents upon divorce.
• The principle of custody is to share the responsibility of children between the mother and the father upon divorce, unless one of them requests in writing before the court to waive the right of custody, or in case of a request to eliminate the other party from joint custody and to drop their custody right for any reason that may be accepted by the court.
• In case of a dispute between the father and the mother, they have the right to object before the court.

Inheritance

• The non-Muslim expat can leave a Will to whomever deemed adequate.
• In case of absence of a Will, then half of the inheritance shall be entitled to the husband or wife and the other half shall be equally distributed among the children with no difference between males and females.
• In case the deceased has no children, then the inheritance shall equally belong to the parents.
• In case of absence of the parents, then the inheritance shall be equally distributed between the siblings without distinction between males and females.

Paternity

Paternity for non-Muslims will be based on marriage or paternity recognition. Tests will be conducted if the parents are unknown.

The conditions of the new law governs equality between male and female in all matters.

Procedures of the court will be in Arabic and English to facilitate the understanding of legal proceedings by foreigners to strengthen the transparency of the judicial system, explained Youssef Saeed Al Abri, Under-Secretary of Abu Dhabi Judicial Department (ADJD).