UAE Announces New Family Law For Non-Muslim Residents

New family rules for non-Muslims living in the United Arab Emirates (UAE), known as "Federal Personal Status Laws," came into effect on Wednesday.

The new rules, which cover several family law topics like marriage, divorce, child custody, inheritance, wills, and paternity, will apply to non-Muslim expats or foreigners residing in the UAE, Arabian Business Reported.

Although Abu Dhabi began implementing this policy in November 2021, all the seven emirates, including Dubai, Sharjah, Ajman, Umm Al Quwain, Fujairah, and Ras Al Khaimah, will now be covered by the personal status laws.

What's covered under the new law?

According to the new law, the consent of the bride's father or another legal guardian is no longer necessary for non-Muslim couples to marry at the age of 21. In contrast to the previous necessity that it has multiple male witnesses, a marriage can now be solely based on the "will of the husband and the wife," who must execute a declaration form in front of a judge.

Furthermore, a spouse may initiate a divorce proceeding independently or with mutual consent. The concept of "no-fault divorces," where spouses can seek divorce without having to demonstrate that their partner is at fault or has harmed the marriage, is elaborated in Articles 6, 7, and 8 of the Abu Dhabi legislation. Family counseling and mediation are also no longer required, as they formerly were. Now, divorce can be granted quickly and effectively during the initial hearing.

The wife can also ask the court for alimony from her ex-husband following the divorce. If a compromise cannot be reached, the amount and length of support will be decided by evaluating several variables, such as the number of years of marriage, the wife's age, her economic situation, and more.

After a divorce, joint custody of the kids will be granted unless one parent objects. Joint custody is the norm until the child is 18 or achieves adulthood, at which point they can make their own decisions. If there is a dispute, the court will decide based on what is best for the child.

In the past, the boy and girl child had to be under the mother's custody until they turned 13 and 11, respectively. Once the children reach the required age, the father can then request custody.

According to the new law, women now have the same opportunity as men in cases needing witnesses, making a woman's evidence equally valuable as a man's testimony going forward. Furthermore, this equality has been extended to topics like divorce, inheritance, and property.

Previously, while requesting a divorce in a local UAE court, expatriates or non-Muslim UAE residents had to adhere to Sharia law. Additionally, consensual adult relationships or live-in partnerships were rendered unlawful. However, the UAE relaxed limitations on a range of personal affairs in 2020 by decriminalizing live-in relationships and unmarried pregnancies.