UAE Personal Status Law
Personal Status Law is a set of legal norms that regulate and codify the lives of individuals among themselves.
The UAE Personal Status Law includes many aspects related to individuals in accordance with federal law no. (28) Of 2005, as amended, the UAE Personal Status Law addresses the following issues:
- The sermon
- General provisions for marriage
- Terms and conditions
- Types of marriage
- Effects of marriage
- Marriage teams
- Khula cases
- Separation by Judge
- Child custody
- Band effects
- Eligibility and mandate
- Absent and missing
- The commandment its elements and conditions
This law shall apply to all citizens of the United Arab Emirates and the provisions of this law shall apply to non-citizens of the United Arab Emirates except:
- Non-Muslims adhering to the rules of their community
- Non-citizens (foreigners) adhering to the law of their home country
Without prejudice to the provisions of the following articles:
12 ، 13 ، 14 ، 15 ، 16 ، 17 ، 27 ، 28 from the Civil Transactions Law issued by federal law No. 5 of 1985 , and its amendments.
Amendments to the UAE Personal Status Law:
One of the most prominent amendments to the UAE Personal Status Law, which came primarily to maintain the cohesion of the family entity from collapse as the family is the nucleus of society and maintain its cohesion is to maintain the cohesion of society and the state at the same time.
Where most of the amendments came to deal with issues and problems that arise between the spouses, especially with regard to the provisions of the separation, where the amendments referred to the need to present the recommendation – which is submitted by the court through the two judgments to the spouses – before taking the decision of separation; in order to seek the court to maintain the cohesion of the family in order to soften the heart of the parties after increasing their awareness of the risks of separation on them and on the children, and this amendment is in the great interest of the family.
The amendments also referred to the issue of the work of the spouses, and pointed out that the exit of the spouses to work or one of them is without prejudice to marital obligations as long as such work is necessary, provided that it is in accordance with law, sharee’ah or custom.
In this regard, the amendments decided that such a case would be accepted only after bringing witnesses to prove such damage, and in case it was proved that the damage was caused by the parties, either the husband or the wife; the case for divorce filed by the wife would be rejected, but if the source of the damage is not known specifically, here comes the role of the two judgments in taking into account the interest of the family in the sense that if the two judgments consider that this decision poses a danger to the family; they should recommend not to differentiate.
And other amendments to the UAE Personal Status Law 2020, which came in their entirety to maintain family cohesion and reduce the cases of divorce and separation, which will benefit the family and its stability, which will naturally lead to the stability of the UAE society.
Personal Status Law for non-Muslims
His Highness Sheikh Khalifa Bin Zayed Al Nahyan may Allah bless him, President of the UAE, as ruler of the emirate of Abu Dhabi issued a law regulating the personal status of non-Muslim foreigners and is the first of its kind, as the emirate of Abu Dhabi issued Law No. 14 of 2021 on the personal status of non-Muslim foreigners in the emirate of Abu Dhabi in order to all details Undersecretary of the Abu Dhabi Judicial Department, advisor Yousef Saeed, said that the new law “reflects the legislative leadership of the emirate of Abu Dhabi and the global status it has reached, in keeping with all developments and developments to promote leadership in various fields”.
This law includes the following aspects regulating personal status:
- Terms and procedures of civil marriage
- Divorce, its procedure, divorce by separate will
- Financial demands arising from divorce
- Foreign divorce cases are excluded from the presentation to the family guidance committees, and are presented directly to the court in order to issue a verdict from the first hearing.
- Children’s custody
- Joint custody of children in order to maintain family cohesion after divorce and maintain psychological balance of children after divorce.
- Problems with joint custody of children
- Inheritance and inheritance
- Procedure for opening and distributing the estate file
- Registration of the wills of foreigners and the right of the foreigner to leave a will in full what is left to those who want
- Proof of parentage through marriage or acknowledgement
General provisions that include:
Equality of rights and duties between men and women.