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UAE’s New Family Laws on Marriage, Divorce

Marriage law

Reforms to the UAE’s marriage law for non-Muslims will “regulate the marriage conditions and the procedures of contracting and documenting the marriage before the competent courts”, said state news agency, Wam.ae

The changes will allow non-Muslim couples, whether foreign expats or citizens, to marry in a non-Sharia legal process. Couples who wish to tie the knot are required to be at least 21 years old, and both parties must fill out a declaration form in front of a judge in the civil court.

Previously, this has only been in practice in Abu Dhabi for non-Muslims. The new changes will be implemented across the UAE starting from February 2023.

Divorce law

Divorce between non-Muslim couples in the UAE will also see a change in proceedings. As per the new law reform, a divorce “can be initiated jointly or unilaterally. It organises the procedures for settling the financial claims after divorce, and the arrangement of joint custody for the children.”

From February 2023, either spouse can ask the court to end their marriage, without the need to justify its end. A divorce may be granted after just one hearing with a judge, said The National.

UAE’s Child custody law

If a divorced or soon-to-be divorced couple has children, both the mother and father will automatically be given joint and equal custody of the child until he or she is 18 years old.

Should there be a custody dispute, the court will be involved with consideration always given to the child(ren)’s best interests.

 

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