The Civil Marriage Law and its effects in the Emirate of Abu Dhabi
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
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About the Civil Personal Status Law (for non-Muslims)
The federal civil personal status law organizes civil family affairs according to best international practices based on civil rules and regulations that are not based on religion (unlike Sharia law). This law governs civil marriage procedures, no-fault divorce, and joint custody of children to achieve and protect the best interests of the child, especially in the event of parental separation. It also covers wills and inheritance distribution. Thus, Al Dhaheri and Co. Advocates has allocated a highly experienced team specialized solely in civil personal status matters for non-Muslims, family and inheritance cases. Their services in this regard include the following:
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Civil marriage
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Unilateral divorce
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Joint custody
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Civil wills
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Inheritance distribution
Frequently asked questions about the Civil Personal Status Law (for non-Muslims)
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What is a civil marriage?
A civil marriage is a legal pact that binds a non-Muslim man and woman, recognized as a civil contract without the necessity of a religious ceremony.
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Who can marry under the civil marriage law?
Foreign residents in the UAE, as well as tourists and visitors, can apply to complete the civil marriage ceremonies, provided that the applicants are non-Muslims or from a non-Muslim country.
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Is this marriage considered legal in the home country?
A civil marriage, like any other official marriage, is sanctioned and issued by the court and then needs to be authenticated by the Ministry of Foreign Affairs.
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What is unilateral divorce?
Unilateral divorce is the termination of the marriage contract at the will of either spouse without the need to prove harm. The court orders it without requiring any party to cast blame on the other for the breakdown of the marriage. Consequently, the family court decrees a divorce in response to the request for a divorce (from either party) without harm, without the need to present any evidence of the underlying reasons behind the breakdown of the marriage.
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What is joint custody?
Joint custody is a form of child custody where custody rights are granted to both parents. It is the right of the parents to equally and jointly exercise their roles in raising and caring for their children after separation, and the right of the children not to be deprived of one parent 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 regarding the upbringing of the child.
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What happens if a foreign national dies without registering a will?
According to Article 11 (2) of Law No. 14 of 2021, if a civil person dies intestate, the assets left behind are distributed according to a set manner. The surviving spouse receives half of the inheritance, and the other half is distributed equally among the deceased's children (with no distinction 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 one parent, the surviving mother/father retains their share from the half, and the other half is divided equally among the deceased's siblings. If both parents of the deceased are deceased, the remaining inheritance is divided equally among the siblings (with no distinction between males and females).
For more information about our legal services, do not hesitate to contact our team of skilled lawyers and legal consultants specializing in all areas of law and litigation in the United Arab Emirates or visit us at one of our branches in the cities of Al Ain and Abu Dhabi.
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