UAE has witnessed some ground-breaking legal changes in the last few months, which are not only revolutionary but they also modernise the existing rules and regulations. In the words of top family lawyers of UAE, “Increasing flexibility” and “expat friendly environment” were the two main highlights of the recent changes. In the sphere of family law, strict Islamic laws were amended to encourage progressivism. In this article, we will discuss the major legislative amendments in the personal law with the help of best family lawyers of UAE.
Abu-Dhabi Emirate
In the Emirate, a new decree-law has been enacted relating to the family matters of expats, such as civil marriage, divorce, financial rights and joint child custody. This new law entails 52 articles wherein all the core issues such as wills, inheritance, proof of patronage, adoption, etc have been discussed. The top lawyers of Dubai have highlighted some key aspects of this new law, which are discussed below-
- Civil marriage (Article 5)
One of the major highlights of the new law is that it introduces the concept of civil marriage, which is exclusively based on the will of both husband and wife. In simple words, there is no need of taking consent from the woman’s family. All the disputes provided under this new law shall be adjudicated by the Civil Family Court of the Emirate.
- Unilateral Divorce (Article 6)
For divorce, a more flexible approach has been adopted. Now, a spouse can ask for divorce without a need to prove that harm was done in the marriage. Previously, it was essential to prove some mental or physical harm in order to get a divorce decree from the court.
- No requirement of mediation (Article 7)
Under this new law provides that a couple can get a divorce at first hearing without approaching the family guidance department. Moreover, the requirement of mandatory reconciliation sessions has been relaxed.
- Financial rights of spouse
The financial rights or alimony of the wife shall be depending upon various factors, such as number of years of marriage, age of wife, economic condition, etc. The custody of children shall be shared equally between the parents. The proof of paternity of the new born child is based on marriage or recognition of paternity. With this new law, non-Muslims are also conferred with the right of registering their will or devolve their property to whomever he/she wishes.
Changes on the Federal Level
In the opinion of best family lawyers of Dubai, some key changes at the federal level are also announced, which are discussed below-
- Place of marriage as the governing law
The UAE Personal Status Law No. 28 of 2005 has been amended and a critical change has been introduced, which states that the applicable law governing all personal matters would be the law of the country where the parties were married. It is different from the earlier framework wherein the applicable law was determined on the basis of husband’s nationality.
- Inheritance
For providing further relaxations to expats, the new law provides that the expats can use the law of their home country for inheritance matters. However, if a registered will exists, the expats are bound by the terms and conditions mentioned thereon.
Conclusion
All the aforesaid changes on the federal as well as on the local level are made in line with the best international standards wherein the interest of minor communities have been given due consideration. The rights of expats are further strengthened by giving them much-needed liberty in their family matters.
If you want to know further relating to the family matters, such as marriage, inheritance, adoption, etc, contact our best lawyers of Dubai.
