UAE legal reforms will help protect the vulnerable

Divorce Check legal implications before choosing a destination wedding

The overhaul of the UAE’s legal system will help the vulnerable, clamp down on harassment and attract more foreign investment.

Judges, legal experts and support groups in the Emirates yesterday welcomed the sweeping changes announced at the weekend.

They cover divorce, inheritance and suicide, as well as tougher punishment for men who harass women.

The changes to inheritance and divorce laws are among the most consequential, and they effectively mean the laws of a person’s country of origin can be used to settle their affairs.

Lawyers said these reforms will bring the country’s legal system on par with key global hubs and settle many questions residents had about how their assets would be divided after death.

“When it comes to inheritance, it will assure people that whatever they own will be transferred according to their dying wish or as per the law of their country of origin,” said Michael Kortbawi, partner at BSA Ahmad bin Hezeem and Associates.

“That is one of the main pillars of this announcement and it is a real game changer.”

The overhaul also includes the decriminalisation of suicide and attempted suicide – unofficially the case for some time.

British resident Gail Thompson, whose long-term partner took his own life in Dubai last year, said the ruling would encourage those who have lost all hope to ask for help.

“There are so many people trying to help family and friends who do not have the support they need,” she said.

“Hopefully, that will now change.”

The legal changes also include tougher punishments for crimes against women.

“We live in an open community and people need to walk freely without having to worry about someone harassing them,” said Judge Ahmed Ibrahim Saif, head of the Dubai Civil Court and former chief justice of Dubai’s criminal courts.

Other changes relate to rules about the consumption of alcohol.

A Good Samaritan law, meanwhile, will ensure that those who intervene in situations where people are in need cannot be held liable for harmful outcomes.

The UAE announced sweeping changes to its personal status laws on Saturday. One of the most significant developments relates to divorce, separation and the division of assets if a marriage breaks down.

If a couple married in their home country but seek a divorce in the UAE, the laws of the country where the marriage took place will apply.

In practice, however, many UAE residents opt to marry in countries where they neither reside nor are citizens.

They may go to a third country to have a destination wedding and the groom and bride may not necessarily be aware of the rules of the foreign land, said Byron James, a partner with Expatriate Law in Dubai.

“You are going to have to consider that when you are choosing where to get married,” he told The National.

“The law is going to change so that the place where you got married has jurisdiction.

“Couples are now going to be looking at not only planning a destination wedding and making sure it is a lovely occasion, but also the implications for a divorce.

“They should be aware that it could have a major impact on their future and the outcome of their divorce.

“We have to wait for the exact wording of the new law but if you are planning a wedding, you need to keep one eye on the location and its potential impact.

“Previously, that would never have been a consideration.”

Earlier, non-Muslim expatriate couples who divorced in the UAE could opt to have either Sharia or the laws of their home country applied.

If the couple had different passports, the law of the husband’s country would apply.

Michael Kortbawi, a partner with BSA Ahmad bin Hezeem & Associates, said the new laws will help to ease the stress on couples of different backgrounds who seek a divorce in the UAE.

“It is too early to say with any certainty before we see a draft of the laws, but it looks like it will provide clarity for couples divorcing in the UAE,” he said.

“Previously, if there was a US couple, for example, divorcing in the UAE and one was Muslim while the other was not, the case would be heard under Sharia.

“Now, it looks as if it would be heard under the jurisdiction of US law.”

Mr James also advised people to look at the possible consequences of holding a wedding in a destination where civil law is practised instead of common law. He said civil law was much easier to apply because it had a clear set of rulings to be adhered to.

“There is a big difference between applying the law of a civil and common-law country,” he said.

“Cases from countries where civil law is applied are much easier. There, you can get the codified law and translate it into Arabic. It will be much easier for a UAE judge to apply.”

Countries where civil law is applied include Belgium, Canada and France.

In case a couple hold a wedding at a destination where common law is practised, the case history would have to be taken into account and, for precedence, every single divorce case would have to be translated into Arabic for the UAE courts.

“Common- law systems are much more problematic and much harder for a UAE judge to apply, just from a practical point of view,” Mr James said.