Coming as a big joy and surprise for all the foreigners and expats in Abu Dhabi, a new law governing marriage, divorce, adoption, etc. has been issued. Recently, Sheikh Mansour bin Zayed Al Nahyan, Chairman of Abu Dhabi Judicial Department issued decision No. 8 of 2022 approving the regulations for the implementation of the Civil Marriage and Divorce Law No. 14 of 2020 in Abu Dhabi. With the enforcement of this law, tourists and individuals residing outside the Emirate are allowed to enter into civil marriage contracts. In this article, we will discuss the highlights of this new law along with its implications with the help of best family lawyers of UAE.
What does this new law offer?
This law aims to provide a comprehensive legal structure 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.
Civil marriage and divorce
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.
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. Further, 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 and inheritance
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 newborn 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.
How to tie a knot in this new marriage law?
- Download the civil marriage application form available on Abu Dhabi Judicial Department website.
- Fill the form carefully and email it to nonmuslimfamilycourt@adjd.gov.ae along with requisite documents.
- After satisfaction with the documents, the court will give you a date for the marriage ceremony.
- On the scheduled date, the couple will visit the court to sign the marriage certificate and will get a stamped copy of the same.
In short
As summarized by the top family lawyers of UAE, this new law governing marriage, divorce and other family matter is a progressive step with a long-term vision of attracting more foreigners and expats in the Emirate. However, it is only applicable to the Abu Dhabi Emirate, and it is expected that a federal law in this regard is around the corner.
To know further about the new law and marriage registration requirements, you can contact our best family lawyers of UAE.
