UAE expat law: Non-Muslim family rules on marriage, divorce, child custody to enter force

The new law for non-Muslim expats will cover family matters including marriage, divorce, inheritance and child custody.

Personal status for non-Muslim expatriates

The non-Muslim personal status court was inaugurated in Abu Dhabi in December 2022, to provide a flexible judicial mechanism to settle family disputes for non-Muslims.

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).

In order for the non-Muslim law to apply, the concerned parties will need to have a resident visa and passport of a country where the Sharia law does not apply.

Divorce

Previously, a couple seeking a divorce in the UAE local court would have to follow the Sharia-based process.

Under the new law, ‘no fault divorces’ will also be introduced, which allows a marriage to end without needing to prove wrongdoing from either parties involved.

Inheritance

Under the new law, a non-Muslim expat can construct a will to transfer assets to whoever they choose. In case of absence of a will, half of the properties will be automatically transferred to the surviving spouse and the rest in equal split among the children. In the Sharia law, the majority inheritance would go to the male child.

Joint custody

Joint custody of children will be granted to parents in the case of divorce, with procedures to follow to settle disputes. Previously, a mother was only given custody of her son until he reached the age of 11, and her daughter until she turned 13. The father could claim custody once the child reached those age limits.

Paternity

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