Non-muslims in the United Arab Emirates can now marry and divorce in civil proceedings run by local registry offices.
Announced last December, the federal law for non-Muslims covers family matters such as marriage, divorce, inheritance and child custody.
The law was pushed as a way to provide legal services to UAE residents regardless of their faith or background.
Marriage
Unlike in other countries, non-Muslim couples can now marry “based on the will of both the husband and wife” under this new Family Law. This means that consent from the wife’s father or guardian is no longer required.
The requirement to have several male Muslims as witnesses has also been removed.
The weddings in the Abu Dhabi family court are similar to that of the registry offices in the UK or Europe which only requires the couple to sign the legal documents making them husband and wife, the rings are presented and photos are taken.
As of writing, the Abu Dhabi’s Civil Family Court has recorded 2,200 marriages between January and August, averaging at about 25 each day.
Divorce
The Family Law also allows spouses to file for divorce without a requirement to prove harm was done in the marriage. This is known as a “no fault divorce”.
Either spouse may now ask the court to end the marriage without the need to prove one party was at fault.
At the initial hearing, a divorce can be granted without the requirement of undergoing family guidance counseling or mandatory mediation. Subsequent requests for support payments, also known as alimony, will be made using a “post-divorce request form”. In the event of a financial dispute, various elements will be considered, such as the length of the marriage, the wife’s age, and the financial standing of each spouse.
Joint custody
After a divorce, joint and equal custody of children is automatically awarded to both parents, and mechanisms are in place to resolve any conflicts. If there is a disagreement over custody, the court can be petitioned to make a determination. The paramount concern in all cases will always be the welfare of the child.
Previously, mothers were only granted custody of their sons until they turned 11 and their daughters until they turned 13, after which the father could request custody.
Inheritance
The new legislation secures the right of foreign residents to draft a will and designate their property to whomever they choose. In the absence of a will, half of the deceased’s estate will go to the surviving spouse, while the other half will be divided equally among the deceased’s children.
Under the Sharia-based domestic court system, a son would receive a greater share of the inheritance. If the deceased had no children, their parents would inherit the estate, or it could be divided equally between one surviving parent and the deceased’s siblings.
For non-Muslims, it is recommended that a will be registered at the time of signing their marriage certificate.
Proof of paternity
The revised law establishes that non-Muslims must demonstrate paternity through either marriage or recognition of paternity. If the identity of the parents is uncertain, DNA testing will be conducted.
Earlier in the year, new regulations enabled unmarried mothers to obtain birth certificates for their infants without the requirement of a husband’s presence or proof of paternity. Prior to these changes, a husband’s proof was necessary to legally register the child.
