Non-muslim family courts have come into force in UAE

February 1st, 2023, saw a new family court system for non-Muslim expat residents come into force.

These courts have the jurisdiction to administer all family matters from marriage, divorce, and joint custody arrangements to inheritance and wills, for non-Muslim expatriates in every emirate in the UAE. 

Each emirate can now establish a civil family court to resolve personal disputes in a secular manner in line with global family law procedures. (This has been the case in Abu Dhabi since early 2022). The new courts can manage disputes for resident expatriates, those who have lived and worked in the UAE where a civil marriage ended, or where a child is domiciled in the home or work address of either party. 

New courts allow non-Muslims to marry and divorce under English laws 

The new courts will allow non-Muslim expat couples to divorce and marry via a non-Sharia process. Previously couples seeking to divorce in a local court would have to follow Sharia law which could differ significantly from the procedures of their home country. For this reason, up until now, many expat couples traditionally choose to marry or divorce abroad. 

Now expat couples have the convenience of being able to issue locally or defend English petitions in the new non-Muslim family courts. 

Who is eligible to use the new family courts?

For the non-Muslim provisions to be applicable, couples must have ended their marriage following the introduction of the non-Sharia law. They must have a resident visa and passport for a country where Sharia law does not apply or have ended their marriage in a country where Sharia principles are not used in family law. 

Some of the provisions of the new courts

• Unilateral no-fault divorces will come into effect: Divorce can now be granted on the will of a spouse to end the marriage without requiring any justification or proof of wrongdoing by either party.
• Non-Muslim spouses can choose the distribution of their UAE-based wealth upon death. Half the estate will automatically go to the spouse and half will be split among the children regardless of their gender.
• Paternity: Paternity for non-Muslims will be based on marriage or paternity recognition and tests can be conducted if the parents are unknown.
• Court procedures will be conducted in English and Arabic to facilitate transparency for expatriates.

The new courts have been brought in as part of an overhaul of legal processes in the region, in a bid to provide laws that cater to all residents regardless of faith or background. At International Lawyers we help expat clients resolve all kinds of legal family law issues. We understand all the latest expatriate legislation and we can represent you both in the UK and abroad. Please get in touch for a confidential discussion.

Aramas International Lawyers can advise you on all aspects of International Family Law if you decide to proceed under English courts. Get in touch today to discuss.