A new personal status law for non-Muslims has been issued by the UAE, and it will affect many areas of non-Muslim residents’ lives in the country, including inheritance, marriage, divorce, and child custody.
Residents will have the choice to follow the application of their own country’s legislation even though the law will go into effect on February 1, 2023. Additionally, it was stated that non-Muslim foreigners may opt to implement different family or personal status laws already in effect in the UAE rather than the requirements of this decree-law.
Individuals are able to declare whatever laws, including those of other nations, they prefer to be governed by when performing business pertaining to their personal status. The wills or agreements signed regarding personal status, particularly those relating to marriage or divorce, should explicitly specify this derogation [an exemption from or relaxation] from UAE Federal Law. This gives everyone the freedom to decide whose jurisdiction they want to govern their partnership.
In some circumstances, non-Muslim foreigners may be eligible to pick the personal status law issued by the Emirate of Abu Dhabi, Law No. 14 of 2021, as a result of the requirements in Article 1 of the Federal Law.
The law allows for a more accommodating court, where business is performed in both Arabic and English. It also does away with the necessity that the wife’s guardian provides permission for a civil union to take place.
Law No. 14 of 2021’s jurisdiction, however, would only extend to non-Muslim foreigners who have addresses in Abu Dhabi, if a civil marriage occurred there if a claimant or respondent has a work or residential address there, or at the court’s discretion. Similar considerations, such as when marriages or divorces are finalized in accordance with Abu Dhabi law, are also used to determine if the law is applicable. A wider variety of situations may also be covered by Law No. 14 of 2021, such as when the marriage or divorce occurred in a nation that does not apply Sharia principles to family law issues.
Five criteria for civil marriage
Five conditions must be met before a civil marriage can take place, according to Article 5 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status. The following are the criteria:
1. The ages of both partners must be at least 21. Any official document produced by their respective countries of nationality serves as proof of age.
2. Marriage must not be between siblings, children, grandchildren, or uncles, and any other cases specified by the Implementing Regulations.
3. Before the certification judge, each spouse must explicitly state that they are in favor of the marriage and that nothing in the law would prevent their consent from being accepted.
Age is one general aspect that could undermine consent to marriage.
According to Law No. 41 of 2022, which uses the Gregorian calendar to determine age, they must be at least 21 years old. The ability [of individuals] to marry one another in relation to their mental competence may be another issue. This is in accordance with fundamental contractual principles, according to which a person cannot engage in a marriage if they are unable to understand and appreciate their legal rights and obligations.
4. Spouses must sign the Disclosure Form – A legitimate marriage contract cannot be executed without both parties signing a disclosure form. The disclosure form must include information about each spouse’s previous marriages, a statement from the wife stating that she is not currently married, and, in some cases, a statement from the husband stating that his country’s laws prohibit polygamy. Once the law goes into effect on February 1, 2022, it is anticipated that the necessary disclosure form will be available from the Personal Status Court for Non-Muslim Foreigners in the Judicial Department.
The disclosure form must include information about each spouse’s previous marriages, a statement from the wife stating that she is not currently married, and, in some cases, a statement from the husband stating that his country’s laws prohibit polygamy.
5. Any other conditions set out by the Implementing Regulations of this Decree-Law – The law’s implementing regulations serve as an explanation of the law’s broad provisions set forth in its Articles.
Also Read: The UAE allows non-Muslims to file for a no-fault divorce