The Emirate of Abu Dhabi issued “Law No. (14) of 2021 regarding civil marriage and its effects in the Emirate of Abu Dhabi, which is considered the first of its kind in the region to regulate civil family affairs based on civil rules and regulations that are not based on religion (other than Sharia law). This law regulates the procedures for civil marriage, divorce without harm, joint custody of children, wills, and inheritance distribution.
محتوي المقال
This law aims to achieve the following:
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Providing a flexible and advanced judicial mechanism to settle personal status disputes related to foreigners.
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Enhancing the emirate’s position and global competitiveness as it is one of the most attractive destinations for human talents and competencies.
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The emirate’s leadership issued the first civil law to regulate family matters for foreigners by international best practices.
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Guaranteeing the right of the person addressed by the provisions of this law to be subject to an internationally recognized law that is close to him in terms of culture, customs, and language.
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Achieving and protecting the best interests of the child, especially in the event of parental separation.
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Reducing bickering and disagreements resulting from divorce.
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Maintaining the role of father and mother in the post-divorce stage.
First: What is civil marriage?
Civil marriage is the legal agreement between a non-Muslim man and a woman, approved as a civil contract without the need for a religious ceremony.
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Who can marry under the Civil Marriage Law?
Foreigners residing in the UAE, tourists, and visitors can apply to perform a civil marriage ceremony, provided that the applicants are non-Muslims or from a non-Muslim country.
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Is this marriage considered legal in the country of origin?
Civil marriage is like any other official marriage; It is approved and issued by the court and then needs to be authenticated by the Ministry of Foreign Affairs.
For a civil marriage contract, the following conditions must be met:
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Both the husband and wife have reached at least (18) years of age, and their age is proven by any official document issued by the country to which each of them belongs, according to their nationality.
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That both spouses explicitly express before the documentation judge their consent to the marriage, and that there is nothing legally preventing their consent from being taken into account.
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The spouses sign the disclosure form.
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Marriage must not be between brothers, children, grandchildren, paternal uncles, or uncles.
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Any other conditions determined by a decision of the President.
Procedures for contracting a civil marriage
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A foreigner may contract his marriage before the documentation judge in the judicial department, by applying according to the form prepared for this purpose, taking into account the other conditions and procedures stipulated in this law. The person being addressed by the provisions of this law is exempted from submitting a pre-marital medical examination certificate.
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The marriage is performed by the spouses filling out the form prepared for this purpose before the documentation judge. The spouses may agree on the terms of the contract, and what is stated in this contract regarding the rights of the husband and wife during the period of marriage and the rights after the divorce are taken into account between them.
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The marriage contract form must include the spouses’ disclosure of the existence of any other previous marital relationship for either of them, indicating the date of the divorce, and acknowledging the absence of any existing marital relationship.
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The approved form for a bilingual civil marriage contract shall be issued by the decision of the President or his authorized representative.
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After verifying the availability of all conditions for a civil marriage contract, and after completing the procedures stipulated in this article, the notarization judge will ratify the marriage contract, and it will be registered in the register prepared for this purpose.
Second: What is “divorce by unilateral will”?
Divorce by unilateral will is the termination of the marriage contract by the unilateral will of either spouse without the need to prove harm. It is ordered by the court without requiring either party to blame the other for the breakdown of the marriage. Accordingly, the Family Court grants divorce in response to a request for divorce (either party) without prejudice and without the need to provide any evidence of the reasons behind the breakdown of the marriage.
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Who can file for divorce without harm?
This law applies to civilians residing in the Emirate of Abu Dhabi only. A person is considered a civilian for this law unless proven otherwise: • If he is a citizen of a country that is not a member of the Organization of Islamic Cooperation unless he acknowledges otherwise or if the family law in his country is not based on Islamic law. For applicants who hold the nationality of a member state of the League of Arab States, an official document showing the person's religion may be required.
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Who can apply for a divorce by unilateral consent?
Either spouse, husband or wife, can apply for divorce without harm. It is important to note that the person applying must be a resident of Abu Dhabi or the marriage certificate must be issued in Abu Dhabi.
Divorce procedures by unilateral will
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Either spouse may request a divorce without the need to prove harm, according to the form prepared for this in court. The divorce shall be effected by a court ruling after notifying the other party.
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The divorce is signed in the first session of filing the case before the court, without the need to submit the case to family guidance.
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Without prejudice to the provisions stipulated in the Civil Procedure Code, the President or his authorized representative shall issue a decision regulating the registration procedures and application fees stipulated in this article.
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What happens to children after divorce?
Joint custody applies automatically upon divorce unless one parent waives his or her right to joint custody. You can also apply to the court if you feel that joint custody is not in the best interests of the child but there must be a good reason to justify this such as the child being at risk of harm.
Third: Child Custody in the Civil Marriage Law
The term child custody refers to the rights and responsibilities of parents to care for their children. Child custody is often divided into two components; Legal custody and physical custody. Legal custody (guardianship) is when one parent has the legal authority to make decisions regarding the child such as medical care, religious upbringing, and education. On the other hand, physical custody refers to the right of the father/mother to take the child to reside and spend time with him/her. A child custody order regulates where and with which parent the child will live or spend time or otherwise the other party’s right to see.
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What is joint custody?
Joint custody is a form of child custody, in which custody rights are granted to both parents. It is the right of the parents to exercise their role in raising and caring for the children after separation in an equal and joint manner and the right of the children not to be deprived of one of the parents due to divorce. This allows children to spend approximately the same amount of time with both parents while allowing both parents to make important decisions about the child's upbringing.
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What happens to a child when his non-Muslim parents separate?
Joint legal and physical custody is automatically applied to both parents upon divorce/separation, unless one parent waives his or her right to joint custody or unless a court orders otherwise after a custody dispute arises (for example, one parent may want sole custody).
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Why does joint custody apply automatically when parents separate?
The child has the right to have a real relationship with both parents. In reality, the child needs to see both parents and spend time with both to reduce any impact that the separation may have on them. However, if the parent has a fear that the child is at risk of harm due to the joint custody arrangement, he or she may file a request to object to joint custody and seek alternative arrangements. The judge then evaluates the case, giving due consideration to the best interests of the child.
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If joint custody is contested, on what basis will the judge determine child custody arrangements?
The judge's primary consideration is the best interests of the child; When a judge considers what is in the child's best interests, he or she will consider the following factors:
Physical, emotional, and educational needs;
age, gender, background, and any characteristics the court considers relevant;
The child's wishes and feelings are confirmed if the court finds that the child is of the appropriate age and has sufficient understanding;
The potential impact on the child if there is a change in his or her living conditions;
Any harm the child has suffered or is at risk of suffering;
The willingness and ability of both parents to facilitate and encourage a close and continuing relationship between the other parent and the child;
The ability of each parent to meet the child's needs. -
What can I do if I have concerns that the other parent will take our child out of state and not return?
If you have any real concerns that the other parent may take the child abroad and not return, you can apply to the court for a restraining order. The court will then consider whether it is in the best interests of the child to issue a circular to temporarily prevent the child from traveling from the jurisdiction of the UAE.
Fourth: Civil commandments
What is the definition of "will"?
As defined in Article 1 of Law No. 14 of 2021, a will is a document prepared by a foreigner to explain how he wishes his assets and property to be distributed upon his death. For civil wills to be recognized as a legally valid instrument, they must be “registered.”
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What happens if a person dies without registering a will?
According to Article 11 (2) of Law No. 14 of 2021, if a civil person dies without a will, the assets he leaves behind are distributed according to the prescribed method. The husband/wife who is still alive receives half of the inheritance, and the other half is distributed equally among the children of the deceased (there is no difference between males and females). If the deceased had no children, the remaining inheritance is shared equally between the deceased's parents. In the event of the death of a parent, the surviving parent retains their half share, and the other half is shared equally among the siblings of the deceased. In the event of the death of the deceased’s parents, the remaining inheritance is divided equally between the siblings (there is no difference between males and females).
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What is the benefit of having a registered will for non-Muslims?
If the non-Muslim resident has a registered will, they will have peace of mind that your estate in the UAE, upon their death, will be distributed according to their wishes. If you do not have a registered will, this can cause delays in the distribution of the estate and can sometimes lead to hostility between family members. It is also worth noting the issuance of Federal Decree Law No. (41) of 2022 regarding civil personal status, which came into force as of February 1, 2023, and stipulated that its provisions apply to non-Muslims residing in the country unless one of them insists on applying its law. About matters of marriage, divorce, inheritance, wills, and proof of lineage.
We at Al Dhaheri & Company, through the Civil Personal Status Department, through which our specialists have achieved remarkable successes in cases of divorce by individual will, the resulting financial requests, and child custody. We have also registered a large number of civil marriages, civil wills, and inheritances of non-Muslims.
Thus, we reach the end of our article entitled The Civil Marriage Law and its Effects in the Emirate of Abu Dhabi, stressing at the same time the necessity of seeking the assistance of the best-specialized lawyers in our office to provide sound and correct legal solutions by the best legal and judicial practices, by visiting us at one of our branches in the cities of Al Ain and Abu Dhabi or contacting us.
