New family law for non-Muslims expected to boost number of marriages registered in UAE

▶ Legislation confirms the UAE’s pragmatic approach to marriage, social support and residency

Legal procedures based on Abu Dhabi’s civil family court system, which allows non-Muslim couples to divorce and marry in a non-Sharia process, were introduced across the UAE yesterday.

The federal law for non-Muslim residents, announced in December, covers family matters such as marriage, divorce, inheritance and child custody.

Previously, a couple seeking a divorce in a local court would follow Sharia.

Many currently choose to marry, divorce or arrange a will abroad, but this new law could lead to more residents from overseas using civil procedures in the Emirates.

Officials who overhauled the legal process told The National they want to ensure the law provides for all residents.

Here, we look at the law’s main provisions.

Marriage

Non-Muslim couples can now marry “based on the will of both the husband and wife”, meaning consent from the wife’s father or guardian is no longer a requirement.

The need to have several male Muslims as witnesses has also been removed.

In Abu Dhabi’s family court, proceedings are similar to a registry office wedding in the UK or Europe.

A single court official guides the couple through a secular legal process, the couple sign the legal documents making them husband and wife, the rings are presented and photographs are taken.

At Abu Dhabi’s Civil Family Court, more than 2,200 marriages were registered between January and August. There is expected to be similar demand in the other emirates as the law comes into effect.

Divorce

Under the new law, spouses have the right to 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. Divorce can be granted at the first hearing without the need to go through a process of family guidance counselling and mediation sessions.

Support payments, or alimony, and other requests will be submitted using a “post-divorce request form”.

In the case of a dispute regarding financial requests, several factors will be taken into account, including the length of the marriage, the age of the wife and the financial status of each spouse.

Joint custody

Joint and equal custody of children will be automatically granted to parents after divorce, with procedures in place to settle disputes.

In the event of a custody dispute, the court can be asked to intervene and make a decision on the matter. The primary consideration will always be the best interests of the child.

Previously, a mother was only given custody of her son until he reached the age of 11, and her daughter until the age of 13. The father could then claim custody once the child reached those ages.

Inheritance

The new law ensures the right of a foreign resident to draw up a will giving their property to whoever they wish.

In the absence of a will, half of a person’s estate will go to their spouse. The other half will be distributed between the deceased’s children.

In the Sharia court system, a son would obtain a larger share of the inheritance.

If the deceased has no children, the inheritance goes to their parents, or it may be split between one surviving parent and the deceased’s siblings.

Wills for non-Muslims should be registered during their marriage.

Proof of paternity

The new law states that evidence of paternity for non-Muslims will be based on marriage or the recognition of paternity.

DNA tests will be carried out if the parents are unknown.

Rules now allow unmarried mothers to get birth certificates for their babies.

Countries are products of a complex web of political, economic and cultural realities, but at their heart nations are places where people make their lives.

One of the UAE’s strengths is that it is a country whose residents are comprised of some 200 nationalities. With this comes some unavoidable legal and bureaucratic complexity, particularly regarding family matters.

However, a string of new laws in recent months – including yesterday’s announcement that a civil family court system piloted in Abu Dhabi will be introduced across the Emirates – gives further clarity to people about their legal rights and responsibilities.

The new rules for non-Muslim residents cover matters such as marriage, divorce, inheritance and child custody. The overhauled procedures provide people with an accessible civil legal framework that offers a clear path ahead when it comes to these critical moments that many of us face, sooner or later.

Based on the reforms’ popularity in Abu Dhabi thus far, it is likely they will be welcomed by millions of foreign residents across the country. Last August, The National reported that Abu Dhabi’s Civil Family Court registered 2,200 marriages from January that year – a rate of about 25 a day.

Although 12 per cent of the 5,000 civil marriages registered in the emirate between December 2021 and December 2022 were between couples visiting the UAE from abroad, most involved at least one partner with residency – clearing the way for them to quickly sponsor their new spouse.

It is not just new arrivals who will benefit from these smoother legal and social services. For those who already have residency here, this week’s news that they can reactivate their visa status – even if they have been outside the Emirates for six months or more – will offer reassurance and allow them to plan ahead for the future.

For those faced with the difficult experience of losing their job, the Emirates’ unemployment scheme for the public and private sectors that came into effect on January 1 this year offers an important lifeline for those who want to continue living here.

This pragmatic approach to family law, residency and social support comes at a time when more and more people are choosing to put down roots in the country. This week, The National reported on the rising number of Chinese citizens choosing the Emirates, with the number living here having doubled to 400,000 since 2019.

They, and the rest of the country’s many foreign residents, will make lives here complete with all the ups and downs that inevitably come with the human experience.

They will contribute to the Emirates’ economy and society, yes, but importantly they will do so knowing that a set of modern and progressive rules are in place that will help them in good times and bad.