What UAE’s new laws on marriage, divorce, child custody for non-Muslim residents say

Why was the need felt for these laws?

The new reforms to UAE’s judicial systems originate from Abu Dhabi’s Civil Family Court System, which allows non-Muslim couples to divorce or marry without following the Sharia laws, similar to the wedding registry offices in UK and Europe or even by adhering to their home country’s laws.

While Abu Dhabi adopted this practice in November 2021, this year the personal status laws will extend to all of the seven emirates including Dubai, Sharjah, Ajman, Umm Al Quwain, Fujairah, and Ras Al Khaimah.

What was the situation before the new laws?

Earlier expatriates or non-Muslims residing in the UAE had to follow the Sharia law system while filing for divorce in a local UAE court, even if it differed from that of their home country, which resultantly led to more people resorting to carrying out divorce or marriage procedures outside the UAE.

Moreover, earlier consensual relationships between two adults or live-in relationships were criminalized. However, it was only in 2020 that the UAE decriminalized live relationships and pregnancies out of wedlock, easing restrictions on many personal aspects.

According to the UAE’s State News Agency WAM, the purpose behind passing the new laws is to “regulate marriage, conditions, and procedures of contracting and documenting the marriage before the competent courts”, thereby making it possible for Non-Muslims to marry or divorce through a non-sharia process, legally.

What are the main provisions of the law?

A) Marriage: Non-Muslim Couples aged 21 and above can now marry without the consent of the wife’s father or guardian. Earlier the marriage had to have multiple male witnesses but now that requirement has been done away with to say that a marriage can take place simply based on the “will of the husband and the wife”, who have to fill out a declaration form in front of a judge.

B) Divorce: can now be initiated by mutual consent of both parties or even by one spouse alone. Articles 6,7 and 8 of the Abu Dhabi laws have elaborated on the aspect of “no-fault divorces”, where spouses can seek divorce without having to prove that their partner is at fault or has caused harm during the marriage. The earlier requirement for mediation and family counselling has been done away with. Divorce can now be granted in a timely and efficient manner, in the first hearing itself.

A new post-divorce request form has also been created for alimony, support payment, maintenance, or other family requests. In case of disagreement on financial aspects like alimony, the court shall consider the duration of the marriage, the financial status of both spouses, and the wife’s age.

C) Witness testimony: In matters requiring witnesses, equal opportunity has been accorded to women, meaning that one woman’s testimony will now be equal to that of a man’s. Moreover, this equality has also been extended to matters like property, inheritance, and divorce.

D) Custody: Following a divorce, joint child custody will be granted to both parents, unless either of them objects to it. Joint child custody is the default norm until the child attains majority or 18 years of age, after which they can decide for themselves. In case there’s a dispute, the court shall decide in the best interests of the child.

In contrast, earlier, the custody would mandatorily remain with the mother, extending up to 13 years of age for the daughter and to 11 years for the son. The father could only claim custody once his children are above the stipulated age.

4) Inheritance: A11: Foreign non-Muslims can now give their property to anyone according to a will. If the ex-pat dies intestate or without a will, then their property and assets will be divided equally between their living spouse and children. In case of no children, the property will be split equally between the surviving siblings and parents.

According to the earlier Sharia laws, the major share of the deceased’s inheritance would go to their son, in the absence of a will. However, now both the son and daughter will be entitled to inheritance equally when a person dies intestate

5) Paternity: The new laws also deal with paternity, of which marriage or declaration of the father or mother, are the main indicators. If the parent is not known, a DNA test can be carried out as per the law. Previously, only married couples could apply for the birth certificate of an unborn child but now, even unmarried mothers can apply for this.