UAE landmark introduction of the new personal status law for non-Muslims

The introduction of the new personal status law for the non-Muslims is a landmark decision on part of the UAE government.

It has been enforced from February 1st, 2023, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status which brings numerous changes in terms of marriage, divorce, custody, inheritance etc.

This is applicable to the entire non-Muslim population of the UAE, whether citizens or expats.

Abu Dhabi’s legal system has undergone a number of changes to ensure that non-Muslims’ rights and legal affairs do not fall under the jurisdiction of Sharia courts. Non-Muslim foreigners can take advantage of the provisions of this legislation because the law supports international civil law practices. 

The newly-introduced law will have jurisdiction in any family case involving resident expats or those who used to reside in the UAE, where a civil marriage ended, if a child in based in the jurisdiction, or if either party has a work or home address in the UAE.

For the non-Muslim provision to apply, the parties will need to have had their marriage end following the introduction of the non-Sharia law; non-Muslim expats will need to have a resident visa and a passport of another country where Sharia law doesn’t apply; or the marriage ended in a country whose family law does not include Sharia principles.

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.

In summary:

Divorce

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

Either spouse can file for divorce, as provided by Article 7 of the new law. The request for divorce need not be justified, nor any damage be proved. The respective court will pronounce divorce after notification to the other party.

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.

Who can take custody of children after divorce?

As per the new law, custody of children is a right granted to both the father and the mother equally, as well as it is a right of the children to have both parents raise them, to minimize the psychological effect of divorce on them (Article 10).

The primary rule in terms of custody is that the father and the mother shall have joint custody over the children. However, the court may maintain an application by either party:

1. Of granting custody to whoever is capable of achieving the best interests of the child, or
2. Seeking to waive the right of custody, or
3. Excluding the other party and forfeiting the right to custody because of non-eligibility, danger of such custody, or the party failing to perform their duties.

In cases where joint custody is disputed, the court will have discretion in the decision, keeping in mind the best interests of the child.

Paternity

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

Alimony

When a divorced woman files for alimony and the marriage contract does not say anything in terms of alimony or other financial arrangements, the same will fall upon the discretion of the judge. The judge will decide alimony based on the following factors, as per Article 9 of the new law:

1. Number of years of the marriage
2. Age of the wife
3. Financial status of each spouse
4. Husband’s contribution to the divorce
5. Compensation paid by either of the spouses in lieu of damage inflicted on the other
6. Financial loss suffered by either spouse as a result of unilateral divorce
7. Whether the mother is diligent towards children

The alimony will be forfeited if:

1. The woman marries another man
2. The custody of the children with the mother ends

Overall, the new law is a welcoming gesture in the adoption of international best practices. Aramas International Lawyers under ADGM are now dealing with cases at this court. Please contact us for further consultation and advice