The new Personal Status Law in Abu Dhabi aims to make an easy and accessible approach for non-Muslim expatriates to help them avoid a complicated process, and ensure a hassle-free legal proceeding.
This law provides equal rights to both parties, especially to females in the scope of the testimony, marriage, divorce, estate, and custody of the child without any differentiation.
Scope of the law:
The new Personal Status Law will be applicable for non-Muslim foreigners based in Abu Dhabi. If a foreigner does not wish to apply their home country’s law, then this law will be applied in marriage, divorce, will, inheritance, and custody of child matters. The matter will be heard by a single judge.
A new court will be established under this law and the court will work in Arabic and English langue and non- Muslim judge can be appointed for judgeship.
Marriage:
For a civil marriage, both parties should be 18 years old, and should be single at the time of marriage, and also need to declare about previous marriage and divorce date in the declaration form.
Time of marriage: Both parties can submit a contract where they can mention their terms during marriage as well as the divorce rights of each spouse. In this contract, both parties can make their will also.
Premarital medical examination will not be required.
Divorce:
A foreigner can approach the court and demand the divorce without justifying a reason for the divorce and putting blame on the other party.
Divorce matters will not be referred to the family guidance for reconciliation, it will be registered to the court immediately and will be decided in the first session after notification of another party.
Maintenance:
Court will order for alimony to the wife according to the length of the marriage, age of the wife, economic status of spouse as well as other notable factors. Ex-wife’s alimony right will be terminated after her new marriage.
Child custody:
Both shall have equal rights in the custody of the child. If any differences arise about child custody then the court will decide the matter.
Inheritance
A foreigner can make a will and his/her property will be distributed according to his Will, otherwise, after the death of a foreigner his half property will be transferred to the spouse, and the remaining half will be shared equally between children without difference of son and daughter.
If a person has no Children then half of the property will be transferred to parents equally.
This law will be applicable after a month of official Gazette publication.
