The United Arab Emirates (UAE) has made significant changes in its family law legislation within the last five years, including passing two new laws together with their respective executive regulations in the last three years. These changes to the legal landscape have had a profound impact on various aspects of family life and personal status, including marriage, divorce, child custody, and inheritance. This Hot Topic Article will explore some of the key changes that have been unveiled in the UAE’s family law legislation, its implications and impact, as well as how it has shaped the UAE to become a go-to jurisdiction for those seeking a credible and progressive family law dispute resolution forum.
Family law in the UAE is now demographically focused, as on one hand, it maintains the law of the land, which used to implement Sharia principles for all residents in the UAE and is now applicable solely and exclusively to Muslims under Federal Law No. 28 of 2005 and its most recent amendment in 2023. While on the other hand, the UAE introduced two new laws, one in Abu Dhabi, namely Abu Dhabi Civil Family Law No. 14 as amended by 15 of 2021 with its Implementing Resolution No. 8 of 2022, for non-Muslims and later extended to apply to expatriates, including Muslims, who hold citizenship from states that do not apply Sharia law. The other law was issued on a federal level, under Federal Law No. 41 of 2022 and its Implementing Regulation No. 122 of 2023 applicable to all non-Muslims in all Emirates expect for Abu Dhabi.
Recent Changes in Family Law Legislation in the UAE
The most notable change in the UAE family legislation is in the area of child custody where the amended law is aimed to be a more equitable and child-centred approach to resolving custody disputes between parents, offered exclusively for Non-Muslims and Muslims who hold citizenships of countries that do not apply Sharia. The new laws, issued in 2021 and 2022 in Abu Dhabi and in 2022 and 2023 for the remaining Emirates, reflect the UAE’s purpose to ensure that expats in the country are covered by the law in a manner that they are familiar with. Thus, these new legal developments have been made to apply to non-Muslims and foreign Muslims from non-religious law practicing countries, stepping away from the previous law’s hybrid format that includes both civil and Sharia principles, now solely applicable to Muslims, and has issued the new laws based solely on civil principles.
Child Custody
The UAE has implemented its growing recognition of the importance of maintaining strong relationships between children and both parents, especially in cases of divorce and separation, in the recent amendments of family law legislation through its emphasis on shared parental responsibility. Under the previous law, custody was typically awarded to one parent, usually the mother, with limited visitation rights granted to the other parent, the father, while terminating the age of custody of the mother, at 11 for the boy and 13 for the girl. However, the newly introduced laws have now prioritized the involvement of both parents in the upbringing of their children. This shift towards shared parental responsibility and joint custody is based on the belief that children benefit from having ongoing relationships with both parents.
In cases where parents are unable to reach a mutual agreement on custody arrangements, the courts will apply the relevant provisions in which judges will consider specific criteria to make custody-related decisions, especially in regards to the removal of a custodian.
Another significant change in the updated legislation is the introduction of out of court forums for resolving disputes in child custody, yet the mechanisms of such options are not yet regulated specifically.
Marriage
Civil marriage is now made available through the UAE courts registrar of marriage. The introduction of this service has in fact shifted the centre of such civil marriage from destinations like Cyprus to the Abu Dhabi Civil Family Court. The new format of a Pre-Nuptial Agreement embedded in the civil marriage format aims to make the process of getting married more transparent and efficient for all parties involved. The marriage contract now includes detailed information about the rights and responsibilities of both spouses, as well as provisions for the division of assets in case of divorce. The new format is designed to ensure that both parties are fully aware of their rights and obligations before tying the knot, thus reducing the likelihood of disputes down the line.
Divorce
A welcomed change in the UAE’s family law legal landscape is the introduction of a No-Fault Divorce by the recently issued new legislation both in Abu Dhabi and the UAE Federal Law. The UAE has become a friendlier jurisdiction where divorce is concerned, as it allows non-Muslims and certain Muslim foreigners in Abu Dhabi to divorce their spouse without proving harm or citing blame. No-Fault divorce for Muslims, “Talaq,” is also a right of a Muslim but it is exclusively granted to a man, not a Muslim woman, under the application of the Personal Status Law for Muslims.
Alimony
The recent amendments to family law legislation provide women with the right to request spousal alimony upon divorce through the personal status courts. Aspects like the woman’s age, contribution to divorce, career, the man’s salary, and the years of marriage are taken into consideration when determining alimony payments to be paid by a man to a woman upon divorce.
Child Support
When it comes to child support guidelines under the UAE’s recent changes to legislation, the updates aim to ensure the well-being and financial security of children whose parents are going through a divorce or separation. The changes reflect the UAE’s commitment to protecting the rights of children and promoting their best interests in family law matters.
One of the key changes in the child support and maintenance guidelines is the introduction of a standardized formula for calculating child support payments. This formula takes into account various factors such as the income of both parents, the number of children involved, the years of marriage, and the children’s specific needs. By providing a clear and transparent method for determining child support payments, the new guidelines aim to reduce disputes and ensure that children maintain their standard of living upon the separation of their parents as well as receive the financial support they need.
In addition to the standardized formula, the updated child support guidelines also include provisions for adjusting child support payments based on changes in circumstances. For example, if one parent experiences a significant increase or decrease in income, the child support payments can be adjusted accordingly to reflect the new financial situation. This flexibility allows for a fair and equitable resolution in cases where the financial circumstances of parents change over time.
Paternity
When it comes to paternity law, the UAE has taken some major steps which carry far-reaching implication for families and individuals residing in the UAE. Understanding these changes is crucial for anyone navigating the legal landscape of family matters in the UAE.
One of the key amendments to paternity laws in the UAE is the recognition of DNA testing as evidence of paternity. This change allows individuals to establish paternity through scientific means, providing a more accurate and reliable method of determining biological relationships. This is a significant development that can have a profound impact on issues such as inheritance rights, custody arrangements, and financial support.
Furthermore, the amendments to the paternity laws in the UAE also address the issue of paternity fraud. In cases where the man is falsely named as the father of a child, he now has the right to challenge paternity through DNA testing. This ensures that individuals are not unfairly burdened with responsibilities that are not rightfully theirs, and that children are not deprived of their true biological parentage.
Another important aspect of the updated paternity laws in the UAE is the recognition of the rights of children born out of wedlock. Previously, children born outside of marriage faced legal and social challenges in establishing their paternity and securing their rights. The amendments now provide a legal framework for these children to establish paternity through DNA testing and claim their rights to financial support, inheritance, and other benefits.
Custody Rights for Unmarried Parents
Previous legislation did not sufficiently cover children born out of wedlock. Luckily, the new updates to family law legislation particularly cover the area of custody rights for unmarried parents. These updates aim to provide clarity and protection for children born out of wedlock, as well as to ensure that both parents have equal rights and responsibilities when it comes to raising their child.
One of the key changes in the new legislation is the recognition of the rights of unmarried fathers. In the past, unmarried fathers in the UAE often faced challenges in establishing their parental rights, particularly when it came to custody and visitation. However, the recent updates now allow unmarried fathers to petition the court for custody of their child, provided that they can demonstrate their ability to provide a stable and nurturing environment for them.
This change is a significant step towards gender equality in family law, as it ensures that both parents have an equal opportunity to be involved in their child’s life. It also reflects a growing recognition of the importance of the father-child relationship, and the positive impact that involved fathers can have on their children’s well-being.
In addition to recognizing the rights of unmarried fathers, the new legislation also emphasizes the importance of co-parenting and cooperation between parents. The court now encourages parents to work together to create a parenting plan that outlines each parent’s rights and responsibilities, as well as a schedule for visitation and communication with the child. This emphasis on cooperation is designed to minimize conflict and ensure that the child’s best interests are always the top priority.
Inheritance
A significant area of change in family law legislation in the UAE is inheritance laws for expatriates. These changes have been implemented to provide clarity and consistency in the legal framework governing inheritance matters for non-citizens residing in the country.
One of the key updates in the inheritance laws for expatriates in the UAE is the introduction of the concept of “choice of law.” This means that expatriates can now choose the inheritance laws of their home country to govern the distribution of their assets upon their death. This is a significant departure from the previous system, which mandated that the Sharia law of the UAE be applied to all inheritance matters for expatriates.
The introduction of the choice of law provision is a welcome development for many expatriates living in the UAE, as it allows them to have greater control over the distribution of their assets in accordance with their personal beliefs and values. This change also brings the UAE in line with international best practices in inheritance law, making it a more attractive destination for foreign investors and residents.
Additionally, the UAE has universalized its own new laws regarding family matters to allow for expats to draft valid wills to whomever they choose. The recent changes also provide a default regarding the distribution of an estate that fall in line with civil principles. For example, if an expat opts for UAE dies intestate, their estate will initially be split equally in which one half will be distributed to their spouse and the other half shall be distributed equally among all their children, regardless of gender.
Another important update in the inheritance laws for expatriates in the UAE is the establishment of a specialized inheritance court to handle disputes related to inheritance matters. This court is tasked with resolving conflicts and ensuring that the distribution of assets is carried out in a fair and transparent manner. The creation of this court is a positive step towards enhancing the efficiency and effectiveness of the legal system in the UAE, particularly in the area of inheritance law and probate.
Domestic Violence
The most recent law issued in the UAE regarding domestic violence is Federal decree Law No. 13 of 2024 and is in fact the most progressive law in protection from Domestic Violence, as it repealed the previous law and replaced the law with many provisions that were not included earlier.
One of the key changes in the updated legislation is the definition of domestic violence. Previously, domestic violence was narrowly defined as physical abuse. However, the new laws now recognize a broader range of behaviours that constitute domestic violence, including emotional, psychological, and financial abuse. This expanded definition reflects a more comprehensive understanding of the ways in which individuals can be harmed within a domestic setting.
In addition to broadening the definition of domestic violence, the updated legislation also introduces new measures to protect victims and hold perpetrators accountable. For example, the new law establishes emergency shelters for the victims and mandates the training of counsellors to handle domestic violence cases. The new law also mandates the accompaniment of minors in Prosecution interrogations, ensuring that these cases are given the attention and resources they deserve. These courts are staffed with judges who have received specialized training in handling domestic violence cases, further ensuring that victims receive the support they need.
Furthermore, the updated legislation includes provisions for restraining orders and other protective measures to prevent further harm to victims. These measures are designed to provide victims with immediate relief from abusive situations and to prevent perpetrators from continuing their harmful behaviour.
Family Court Procedures and Jurisdiction
The changes to the law have impacted various aspects of family court procedures and jurisdiction. These updates aim to enhance the legal framework governing family matters and ensure the protection of individuals’ rights within the family unit.
The diversity of laws to be applied by the judges in the UAE has introduced further developments to the way the courts in the UAE handle its disputes and that can be seen clearly in the two most utilized jurisdictions within the UAE, Dubai and Abu Dhabi, where there are certain practices that differ between the two family courts. The Abu Dhabi court has provided litigants with English speaking case managers and recently allowed for English speaking lawyers to register with the Abu Dhabi Judicial Department and attend case management hearings as well as hearings before a judge. Judgments issued by the Abu Dhabi Civil family Court are issued in both Arabic and English. Thus, the Abu Dhabi court has developed its practice for expats by allowing the inclusion of English as a language to become more commonly used in court. The Dubai courts still mainly operate in Arabic and do not allow for the registration of western or solely English-speaking lawyers. However, they do properly accommodate for translation to ensure the understanding of parties subject to proceedings in the Dubai court.
Mandatory mediation has always been part of the offerings in the courts and is designed to encourage amicable resolutions to family disputes and reduce the burden on the court system. By requiring parties to engage in mediation before resorting to litigation as the UAE hopes to promote cooperation and communication within families.
The UAE as a Go-To Jurisdiction
With all the recent amendments, changes, and developments being made to the UAE’s legal landscape where family law is concerned, the UAE is becoming a friendly and welcoming jurisdiction for family matters.
The UAE as a jurisdiction has been more favourable to women in comparison to most jurisdictions in the MENA region for years, especially in relation to court rulings on finances. The biggest pay out of alimony for divorce in the Abu Dhabi Civil Court has been a record of 4 million Dirhams, among the highest a wife has ever secured in the UAE under a Civil marriage. This was issued for our client, a 56-year-old American woman. Alimony payments in the UAE are to be paid exclusively to a wife and remain a right that only a wife may claim. The UAE does not have a division of assets principle applied to divorce, because unlike the English legal system, which has no discrimination between breadwinner and homemaker, the UAE jurisdiction is still favourable to women and maintains that no alimony shall be paid by a wife to a husband even if he has been the weaker party financially.
The calculation introduced by the Abu Dhabi Civil Family Law and its Executive Regulation for an alimony payment is a formula which takes into account various factors, such as the length of the marriage, the incurred wealth of both parties during the marriage, and the standard of living enjoyed in addition to who has contributed to the end of the marriage. This formula is based on a minimum of 25% to a maximum of 35% of the latest monthly income of the husband multiplied by the years of the marriage.
While the above formula applies to divorces pursued in the Abu Dhabi Civil Family Court, and divorce proceedings of parties married under the Abu Dhabi Civil Family Law, the UAE Federal Personal Status Law which came into effect in February of 2023 and its Executive Regulation aim to ensure that alimony payments are fair and reasonable for both parties. This law takes into consideration the same factors mentioned above, but are left to the discretion of the court, without the introduction of a formula to calculate the alimony or a cap set on alimony payments.
The spousal alimony in the UAE has always been paid by the husband exclusively, under the previous Personal Status law, which has lately become applicable to Muslims exclusively. The UAE is known to be one of the Muslim states which uphold the Sharia principle of the deferred dowry. However, there is an exception for UAE Nationals who have a cap on such dowry set at AED 50,000 following Federal Law No. 21 of 1997 on Fixing the Dowry in the Contract of Marriage and its Expenses, where the advance dowry in a UAE marriage entered into by Muslim National may not exceed AED 20,000 and the deferred dowry may not exceed AED 30,000.
The Mahr under Sharia is a sum that becomes payable by the husband to the wife on marriage either by agreement between the parties or by operation of law. The Mahr or dowry can also be Mu-Ajjal, meaning deferred and thus paid upon divorce or death of the husband on the earlier of the two terms, or a prompt dowry, meaning that it is payable immediately upon the marriage.
With all this in mind, the recent changes in family law legislation in the UAE aim to provide more protection and rights for individuals, particularly women and children, in family-related matters. The UAE also implements civil principles to allow for the familiarity and comfort for expats residing in this jurisdiction. These updates reflect the government’s commitment to promoting gender equality and ensuring the well-being of families and children in the country. Overall, these changes are a positive step towards creating a more just and equitable legal system for all members of society in the United Arab Emirates, thus make it a prime jurisdiction for family law.