UAE Personal Status Law Comparative

Introduction

In 2005, the UAE introduced Federal Law No. 28/2005 on Personal Status, based on Sharia Law. Today, three family laws exist: the amended Federal Law No. 28/2005, Federal Decree Law No. 41/2022 for non-Muslims, and Abu Dhabi Law No. 14/2021 for non-Muslims and expats without a religious family law.

Federal Law No. 28/2005, blending Sharia and civil law, covers marriage conditions, legal age, capacity, consent, and documentation for marriages. Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 (amended by Law No. 15/2021) address personal status for non-Muslims at federal and emirate levels.

Marriage

Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 outline different requirements for marriage. Federal Decree-Law No. 41/2022 mandates proof of no existing marriage, which burdens couples, leading to higher marriage rates in Abu Dhabi Judicial Department (ADJD) compared to other emirates.

Abu Dhabi Law No. 14/2021 (amended by Law No. 15/2021) requires both parties to be at least 21 years old, unrelated, and to declare their consent before a judge. It includes disclosures of previous marriages and specifies the use of a bilingual contract form. The age of consent for foreigners is 18 years.

Federal Law No. 28/2005, based on Sharia, sets conditions for marriage, including legal age, capacity, and consent, and regulates the solemnization and documentation of marriages. Initially applied to non-Muslims, it now exclusively marries Muslims in UAE courts.

Content & Provisions

Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 address similar aspects of personal status matters, such as marriage, divorce, child custody, inheritance, and guardianship, but there may be differences in specific provisions and legal nuances. It is however worth noting that Federal Decree-Law No. 41/2022 introduces a significant degree of legal flexibility by allowing non-Muslim foreigners residing in the UAE the option to still choose other applicable legislation for their family or personal status matters as an alternative to Federal Decree-Law No. 41/2022. Abu Dhabi Law No. 14/2021 does not provide its subjects with the option to apply another piece of legislation.

Overall, while Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 share common objectives in addressing personal status matters for non-Muslims, there are variations in their scope, especially as Abu Dhabi Law No. 14/2021 did expand its applicability to Muslims who have foreign citizenships from countries that do not apply religious laws to personal status matter.

Divorce, Alimony & Child Maintenance

Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 have similar no-fault divorce procedures, allowing either spouse to file for divorce by declaring their intent to separate. Both laws offer comparable financial support post-divorce, with Abu Dhabi Law specifically allowing women to petition for alimony from their ex-husbands.

Cabinet Decision No. 122/2023 provides detailed guidelines for alimony requests post-divorce, considering factors such as the duration of the marriage, financial conditions of the spouses, and the wife’s age. Alimony ends upon the wife’s remarriage or the termination of child custody. Judges can also award compensation for any material or moral damage caused by the divorce.

Federal Law No. 28/2005 provides procedural guidelines for divorce in the UAE, including methods of divorce such as talaq (husband-initiated divorce), khula (wife-initiated divorce), divorce for harm, and judicial divorce. It addresses issues related to the division of assets and financial settlements upon divorce, based on Sharia where the spousal alimony upon divorce is Edda for three months and Nafaqat Muta calculated upon one year of spousal alimony paid by the husband to the wife during the marriage.

Child Custody

Abu Dhabi Resolution No. 8/2022 and Federal Decree-Law No. 41/2022 both address joint custody as a default, with both parents sharing custody until the child turns 16 (Abu Dhabi) or 18 (Federal). Abu Dhabi Resolution allows parents to object to joint custody and for the court to allocate custody periods if parents can’t agree. Federal Decree-Law also provides a right to object to joint custody.

Either parent can waive custody rights without affecting financial obligations. If both parents waive custody, the court may involve public prosecution.

Federal Law No. 28/2005, grounded in Sharia, typically grants sole custody to mothers with fathers retaining guardianship. It prioritizes the child’s best interests when custody is disputed beyond the mother’s initial custody period.

Inheritance

The inheritance laws for Muslims and non-Muslims in the UAE have distinct provisions under various legislations. Abu Dhabi Law No. 14/2021 and Federal Decree-Law No. 41/2022 allow non-Muslims to create a will registered with the ADJD, specifying the division of their estate. Abu Dhabi Law allows non-Muslims to register wills with ADJD, specifying asset division. Without a will, half the estate goes to the surviving spouse and the rest to the children equally. Similarly, Federal Decree-Law No. 41/2022 has a similar provision for non-Muslims.

For Muslims, Federal Law No. 28/2005 governs inheritance distribution as per Sharia law, specifying shares for various heirs and allowing a will to cover up to one-third of the estate for non-heirs, subject to the approval of all adult heirs.

Overall, the key differences lie in non-Muslims having more freedom to draft wills and the equal division of assets among children, while Muslim inheritance follows strict Sharia principles with designated shares and limitations on the estate portion that can be willed.

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