In his capacity as ruler of the Emirate of Abu Dhabi, President His Highness Sheikh Khalifa bin Zayed Al Nahyan has promulgated Abu Dhabi Personal Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners in the Emirate of Abu Dhabi, which regulates civil status matters for non-Muslims in Abu Dhabi to provide a flexible and progressive legal mechanism for civil family disputes. In addition, the Emirates of Abu Dhabi have enacted a new law called Abu Dhabi Law No. 14 of 2021 (Abu Dhabi Non-Muslim Personal Status Law), which applies primarily to non-Muslim expatriates based in Abu Dhabi. However, the UAE`s civil status law still applies to Muslims in Abu Dhabi. We`ll look at Abu Dhabi`s non-Muslim personal status law later in the series. The law sets the minimum age of marriage at 18 for both men and women. (Law No. 14 of 2021, art. 4 para. (1) It requires that an authentication judge shall officiate in a civil marriage.
(Art. 5, § 2) A man and woman who wish to marry must disclose to the judge any previous conjugal relationship. (Art. 5 para. 5) On February 6, 2022, Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister of the United Arab Emirates and Head of the Department of Justice of the Emirate of Abu Dhabi, ratified the Ordinance Implementing Law No. 14 of 2021 on the Personal Status of Non-Muslim Foreigners in the Emirate of Abu Dhabi. According to the UAE Government Portal, Law No. 14, 2021 and its Enforcement Order provide a flexible and advanced judicial mechanism to settle family law disputes for non-Muslim foreigners residing in Abu Dhabi. Abu Dhabi has a law No. 14 of 2021 on the personal status of non-Muslim foreigners (PDF, 1.84 MB) to regulate civil status issues for non-Muslims in the emirate and provide a flexible and progressive legal mechanism to settle civil status disputes between non-Muslims. Law No. 14 of 2021 introduces a secular and substantial legal system for civil status that applies exclusively to non-Muslim foreigners and creates a separate judicial institution to administer it.
It consists of 20 provisions governing civil marriage and divorce, custody, alimony and inheritance. The law does not apply Islamic law to matters of family disputes related to non-Muslim foreigners. In addition, it establishes a special family court for non-Muslim foreigners. Following the adoption of the new non-Muslim civil registration court in Abu Dhabi last year, non-Muslims in the UAE now have the opportunity to marry in a civil ceremony. Under law No. 14 of 2021 on the personal status of non-Muslims in the Emirate of Abu Dhabi, the specialized family court for non-Muslims in Abu Dhabi deals with personal status issues such as marriage, divorce, inheritance and custody. Before dissecting the bill, we must understand that Abu Dhabi Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners in the Emirate of Abu Dhabi has strengthened the rights of non-Muslims in the Emirate of Abu Dhabi.
The main purpose of this law is that this rule, which applies to both non-Muslim expatriates and non-Muslim residents of Abu Dhabi, represents a significant change in the way the Abu Dhabi Emirates, based in Abu Dhabi, handle family law issues. This article deals with the divorce proceedings to be conducted before the Personal Status Court of Abu Dhabi in accordance with the Executive Regulations of Law No. 14 of 2021 on the Personal Status of Non-Muslims in the Emirate of Abu Dhabi. Law No. 14 of 2021 does not apply the rules of Islamic law on the distribution of inheritance shares between a man and a woman; rather, it stipulates that non-Muslim foreign men and women must receive equal shares of the inheritance. (Art. 16 para. 2) While the Federal Civil Status Act applies to all nationals and foreigners of the United Arab Emirates (with the exception of the exceptions provided), Abu Dhabi has a separate civil status law for foreigners. Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners applies to “Non-Muslim Foreigners are Abu Dhabi”. What does this law mean that this law applies to any non-Muslim foreigner or woman who has a residence, residence or place of work in the emirate of Abu Dhabi? The Civil Status Act No.
28 of 2005, the Civil Transactions Act No. 5 of 1985 and the Abu Dhabi Non-Muslim Personal Status Act No. 14 of 2021 regulate all family matters in the United Arab Emirates (UAE). The UAE`s civil status law continues to apply to Muslim residents of Abu Dhabi, but not to non-Muslim expatriates in Abu Dhabi. For non-Muslims, Abu Dhabi`s new non-Muslim civil status law (Abu Dhabi Law No. 14/2021 on Civil Marriage of the Emirate of Abu Dhabi and its Executive Regulation No. 8 of 2022) provides a more flexible and progressive judicial system for settling civil status disputes. Couples no longer need to prove that their marriage was in trouble before filing for divorce under Abu Dhabi`s new non-Muslim personal status law. Parents who divorce automatically share joint custody of their children, and there are procedures to deal with disputes that may arise between the two parties. To enter into a civil marriage, the spouses must expressly give their consent by completing a declaration form before the law judge and must not be under the age of eighteen. Divorce proceedings under the Civil Status Act: Article (7) The provisions of this Act apply to all nationals of the United Arab Emirates, unless non-Muslims have their own provisions that apply to their religion and sect.
The ninth column deals with the designation of the guardianship date for children (if applicable). The columns have separate spaces for each child, name, nationality, passport number and country of residence. This law consists of 20 articles divided into six chapters dealing with civil marriage, divorce, child custody, filiation and inheritance, which are dealt with below: Hassan ElhaisAl Rowaad Lawyers and legal advisers, Dubaihassan@professionallawyer.me The law applies the unilateral principle of “no-fault divorce on his part”, according to which each spouse can express before the court the wish to: to separate from the other spouse without justification. (Art. 6.) 5- Achieve and protect the well-being of children, especially in case of separation of parents. In the event that the parties decide to dissolve their marriage, they have two options at their disposal: amicable divorce; or a disputed divorce. What happens if the parties want to apply a foreign law to the UAE for their business? How much does the husband pay the wife at the time of divorce? We will explore these relevant questions and more in the next part of this series. You can`t miss one of my latest videos of our Managing Partner Maria Rubert on her Youtube channel, where she shares the steps to record children in Dubai when you`re not married. A special role is established for the registration of arbitrators in family disputes under this Act. The Secretary of State decides on the criteria, restrictions and methods for registering roles.
The spouses may consent to arbitration before or after the family dispute by appointing a single arbitrator or a tripartite panel of arbitrators to participate in the settlement of the dispute. For family law arbitrations, the requirements of Federal Law No. 6 of 2018 apply. Any dispute that arises between parents regarding their children may be resolved by the judge, who may, at his or her sole discretion, make decisions in this regard. Non-Muslim family cases subject to the new law are to be dealt with by a new court that will be established in Abu Dhabi and will work in English and Arabic. This will facilitate foreigners` understanding of judicial procedures and improve judicial transparency by providing a flexible and developed judicial mechanism to settle civil status disputes of foreigners. It does not specify the applicable financial regime governing marriage in the event that the parties do not elect it. The law simply states that “both spouses may agree on the terms of the contract and must take into account the rights set out in the contract for each spouse during the period of marriage and for the post-divorce phase”. Therefore, at the time of marriage in the United Arab Emirates, it would be time between foreigners to agree on the law applicable to marriage. In case this is not chosen, the standard law applied to marriage is the law of the United Arab Emirates. This is done in accordance with Article 1 of Federal Legislative Decree No.
30 of 27.09.2020: “The law of the State in which the marriage was concluded regulates the personal and financial consequences of the marriage contract.” Therefore, the law of the United Arab Emirates applies to the financial regime of the spouses, unless they expressly choose a different law.