The UAE has published a Federal Civil Personal Status Law for non-Muslims. Before the New Federal Law, a non-Muslim Personal Status Law was in Abu Dhabi. The authorities have also modified non-Muslims’ personal status issues in the new family law for non-Muslim expats from the UAE. These changes affect issues such as family guidance, mediation, and rights between the parties regarding custody, inheritance, testifying, testifying, and testifying. The New Federal Law created civil unions at a federal level. It also allowed both spouses to file for divorce on an equal basis.
The New Federal Law covers all aspects of paternity, alimony, child custody, and inheritance. Therefore, this is mainly done so that there are so such cases that relate to this. There are tons of different elements that you need to know before you opt for anything like this. Hence, it is a must that you look into all of the laws for non-Muslims as well as Muslims living in the UAE. Both of these categories have different beliefs and morals, which is why you will need to take a deeper look into them. Hence, when matters get into the hands of inheritance, they will always have to connect with the court.
New Family Law to Apply to Non-Muslim Expats in UAE
The following situations call for the use of New Family Law for Non-Muslim Expats from the UAE:
- It is applicable to UAE residents and foreigners who live abroad.
- Federal Law No. 57 exempts non-Muslims who live in the country from certain provisions. (5) of 1985, unless one agrees to the application of his Law regarding marriage, wills, and parental evidence.
- Parties to this Law may agree to use another law that governs family and personal status in place now instead of this Law.
- These provisions will take effect on February 1, 2023.
- What is it covering?
The Family Law for Non-Muslim Expats to the UAE includes the following:
- These rules regulate the requirements for marriage and the process of contracting and registering marriages with the appropriate courts.
- The Decree Law describes the process of divorce, which is possible to initiate jointly or separately.
- It organizes the shared custody of the children as well as the procedures for resolving financial disagreements following divorce.
- The Decree-Law organizes the process for testaments (wills), inheritance, and paternity proof.
- Equal rights are encouraged by law.
The New Family Law for Non-Muslim Expats in UAE provides equality for men and women regarding their rights and obligations.
- All non-Muslim expats
Except for those who insist upon adhering to the Law of their country, the new Legislation will apply to all non-Muslims living in the UAE.
- Equal rights of witness testimony, inheritance, joint custody, and divorce for women
This Law grants women the same rights as men in witness evidence, inheriting property, and getting divorced. They also have joint custody until the age of 18. The children have the option to choose their parents after that. A woman’s testimony in court will be the same as a man’s. Custody is divided equally between the parents, except in situations where one parent asks for the court to exclude another on the basis of the child’s best interest.
- Civil Marriage Contract
The New Family Law governs civil marriage contracts. There are several requirements, such as the requirement that both of the parties must be at least 21 years old and that a declaration form is signed before a court.
- UAE introduces no-fault divorce
The new rule states that only one spouse must inform the court about their intention to divorce. There is no need to defend, explain or assign blame to the spouse. They can request a divorce without proving any wrongdoing in their marriage.
- UAE Marriage law
The New Federal Law recognizes civil marriages and lays down the following requirements:
- Both the groom and the bride must have at least 21 years of age and be willing to marry.
- Individuals with certain levels of proscribed relationships cannot marry.
A court official may terminate the marriage process by providing all the paperwork required by the court. During and after marriage, the rights of both parties may be discussed.
- Factors to consider when calculating the wife’s Alimony
Based on the divorce, the court can decide the amount of alimony for divorcée woman. This amount is easy to calculate using a variety of elements as per the Legislation.
- The length of the marriage
- Age of the wife
- Transfer of financial assets
- The financial situation of each spouse
- The amount that the spouse contributed toward the divorce
- Any financial or spiritual damage due to divorce by either spouse is covered
- Unilateral divorce can have financial consequences
Alimony will not continue if the woman marries again or custody is ended for any reason. The wife can also seek an increase in alimony if her circumstances change within a year.
- Joint Custody has been introduced
New Federal Laws require shared custody until the child reaches 18. People will be able to choose. One parent can request the removal of the other parent if they are keeping the child in an inappropriate environment. There are many scenarios in implementing executive rules. If there is a dispute between parents, they can petition the court to get a decision on custody issues. The child’s best interests are still the main consideration in custody disputes. It is always a critical moment when topics come into matters of inheritance.
Moreover, there are other things to be concerned about as well, and one of the most important things is the beliefs and the different religious morals of the citizens. Hence, it is a must that these laws are continuing on for the benefit of the people. Moreover, because UAE is an Islamic state as well, it is going to be following the shariah as well as Islamic morals and values. Hence, this makes it easier for Muslims to practice Islam freely with all the right set of laws and regulations.