Member News

Personal Status Law Update

The new reforms are based on the principles of justice, fairness, and gender equality. It aims to protect the rights of non-Muslim residents in the UAE. The new legislation is in line with the UAE Government’s efforts to align itself with international legal practices and enhance its legislative ecosystem to promote tolerance, family stability, demographic diversity and boost economic growth.

Equality in Rights for Men and Women

Article 4 emphasizes the equality in rights and obligations for men and women in relation to witness testimony, estate distribution, and the right to divorce.

Women will now have the opportunity to file for divorce, give witness testimony, and there will be equality when it comes to child arrangements. 

Civil Marriage

Article 5 stipulates the conditions for a civil marriage, which will be available in the UAE. Both parties must be at least 21 years of age and not be related to each other. It also states that both parties must declare their consent to the marriage and sign a declaration form in front of a judge.

The mandatory requirement to obtain consent from the wife’s father or guardian has also been removed. 

Introduction of No-Fault Divorce

Articles 6, 7, and 8 stipulate the conditions for joint or unilateral divorce. If one party expresses their desire to end the marriage, they may do so without providing a reason for the divorce. This eliminates the need for either party to assign blame.This prevents the other party from delaying the divorce procedure and curtailing the freedoms of the person initiating the divorce.

The need to attend a mandatory mediation session has also been removed, and a divorce can be granted at the first hearing with the Judge.

Under this new law, one has the choice and right to divorce their spouse without showing harm or fault. There is no need to provide a justification or a reason, as was previously required. It is hoped that this will allow the divorce to proceed peacefully, amicably, and swiftly under the new law.

Alimony Considerations

Article 9 entitles the wife to apply for alimony from her husband using the Court prescribed form. If the request for financial provisions put forward by the wife is rejected by the husband, the Court will have discretionary powers to take into consideration various factors such as:

I) the duration of the marriage

II) the wife’s age

III) the financial situation of each party

IV) the extent of the husband’s contribution to the divorce

V) the financial damage caused to either party as a result of the divorce

VI) the extent of financial provisions made by the husband for the wife and children

VII) the extent of the care given to the children by the wife

This is in line with other jurisdictions which take into account various factors when considering the amount of maintenance to award.

Joint Custody of Children

Article 10 introduces the concept of shared parental responsibility, and in case there is a dispute regarding parental rights, either parent may approach the Court and make an application to exclude the other in order to obtain sole custody. The Court will review the information and decide who is awarded custody based on what is in the best interests of the children and their well-being and safety.

Inheritance

Under Article 11, a non-Muslim expatriate can have a Will drafted to leave his/her assets to a beneficiary of their choice, subject to implementing regulations. In the absence of a Will the assets will now be split between the surviving spouse and children (whether male or female). Further default distributions will apply in the absence of a spouse or children.

Gender-based inequality has been nullified, which is a massive step forward in welcoming equality between males and females.

It is important to note that the above law applies only to non-Muslim expatriates residing in the UAE unless one opts to apply their home country’s law or other legislation regulating family or personal status.

The above reforms will certainly be a reassuring development for expatriates, providing the security they need with regards to their personal affairs in the UAE.

Having a Will in place will also allow expatriates to plan their inheritance and nominate Guardians according to their specific wishes with confidence.

The author of this article is Nita Maru – Managing Partner of TWS Legal Consultants DMCC.

To learn more email us at [email protected] or call +971 4 448 4284. Website: www.twslegal.ae