Aiming to attract more expatriates to call the UAE their home, the UAE has implemented extensive reforms in its civil family law. These changes, which came into effect in February, have made it easier for couples to marry, divorce, and handle inheritance matters in the country.
One of the significant revisions is that non-Sharia civil proceedings are now permissible for marriages and divorces. This has led to a surge in the number of couples choosing to tie the knot in the UAE instead of going abroad. The new law covers various family matters, including marriage, divorce, child custody, and inheritance.
Non-Muslim expatriates can now go through a simple civil procedure for marriage and divorce, providing them with peace of mind. This means that if a separation occurs, the process will adhere to international practices and align with what they are accustomed to in their home country.
These amendments reflect the UAE’s appreciation for talented individuals who have relocated to work and establish their lives in the country. In light of these changes, The National has compiled a comprehensive breakdown of what newcomers can expect if they find themselves in need of legal assistance.
Marriage
Under the new law, the consent of a guardian or a family member and male Muslim witnesses are no longer required for a couple to get married. Previously, women of any age needed their guardian’s consent, posing difficulties for expatriates whose guardians were overseas.
Non-Muslim couples can now marry in registry offices based on their own will. A court official will guide them through the legal process, and once the necessary documents are signed, they will be legally recognized as husband and wife. The Family Court in Abu Dhabi follows a similar process, resembling a registry marriage office in Europe or the UK.
These changes have resulted in a significant increase in marriages at the Abu Dhabi Civil Family Court. Furthermore, couples can now marry and register prenuptial agreements on the same day, offering them protection of their assets, property, and interests from their home country and other jurisdictions.
Divorce
Previously, residents from non-Sharia countries often sought to resolve their disputes in their home countries due to significant differences between local court procedures and those in their home countries. However, the new reforms allow couples to seek redressal in the UAE instead of returning home.
Now, either spouse can request a divorce from the first hearing without the need to prove harm or provide reasons for separation. The requirement for mandatory mediation sessions or family guidance counseling, which often prolonged divorce proceedings, has been eliminated.
The Abu Dhabi Judicial Department intends for divorces to be granted swiftly to reduce conflicts and disharmony between spouses, especially when children are involved. Proceedings can now be completed within 30 days to minimize the adverse impact on the children.
Joint Custody
The new laws have brought about a significant change in child custody arrangements. Judges now grant joint and equal custody to both parents after a divorce. Previously, mothers were given custody until their children reached puberty, while fathers could only claim custody once the child had reached a certain age.
Under the new law, both the mother and father will share the responsibility of raising their children after a divorce. In case of a custody dispute, the Abu Dhabi Civil Family Court can intervene and make a decision. This year, the court made a historic ruling by granting an expatriate father full custody of his son under the age of 11, challenging the traditional practice of awarding full custody to mothers.
Alimony
The new reforms consider the husband’s total assets when determining alimony payments. Previously, alimony was calculated based on the spouse’s monthly salary and paid on a monthly basis.
For the first time, wives will receive a lump sum as compensation for leaving their jobs to care for their children. In case of a dispute, factors such as the duration of the marriage, the spouse’s age, and the extent to which one party contributed to the breakdown of the marriage will be taken into account.
The changes also permit expatriate lawyers to represent cases at the Abu Dhabi family court, broadening the pool of legal representatives. However, it is important to note that Sharia law will still apply to marriages involving Emiratis and Muslim citizens of certain countries.
Inheritance
Expatriates can now create a will designating their property to whomever they choose. The legal reforms allow foreign residents to draft wills based on the laws of their home countries.
In the absence of a will, half of the estate will go to the surviving spouse, and the remaining half will be distributed equally among the children. In the local court system that follows Sharia law, sons traditionally receive a larger share of the inheritance. If the deceased had no children, the property would typically go to the parents or be divided between a surviving parent and the deceased’s siblings.
These changes in inheritance laws aim to attract more investments and encourage individuals to make the UAE their permanent home
Conclusion:
By seeking professional guidance, such as that provided by Dawia Family Office, you can navigate the complexities of marriage, divorce and inheritance having a peace of mind knowing that you are making the right decision. Contact us today to discuss your estate planning needs and create a separate will for your assets in Dubai.
