Family Law in UAE

Family law in the UAE covers marriage, divorce, custody, and inheritance — with key differences for expats and citizens.

Family law in the UAE plays a crucial role in shaping the lives of individuals and families. It encompasses a wide range of legal matters related to marriage, divorce, child custody, inheritance, and more. Understanding the intricacies of family law in the UAE is essential to protect one's rights and navigate legal processes effectively.

1. Marriage and Divorce

Marriage in the UAE involves specific legal requirements and procedures. These include obtaining a valid marriage contract, submitting the necessary documentation, and fulfilling conditions based on UAE law. A clear understanding of the legal framework surrounding marriage is vital for ensuring compliance and safeguarding rights.

Divorce procedures in the UAE are governed by both Islamic Sharia law and civil law, depending on the parties involved. Familiarity with the grounds for divorce, legal processes, and the implications on child custody, financial arrangements, and property division is essential for anyone considering or undergoing divorce proceedings.

2. Child Custody and Support

Child custody is a key concern in family law cases. UAE courts prioritize the best interests of the child when deciding custody arrangements. It is important to understand the factors considered by the courts, the types of custody available (sole, joint, or shared), and the procedures involved in resolving custody disputes.

Child support is another critical aspect. Courts consider the financial needs of the child when determining support obligations. Knowing the guidelines for calculating child support and the procedures for enforcement helps ensure the child's welfare and protects the custodial parent’s rights.

3. Inheritance and Succession

Inheritance laws in the UAE are primarily based on Islamic Sharia principles. These laws govern the distribution of assets and property upon an individual’s death. Understanding the rules of inheritance rights, forced heirship, and the processes for estate administration is essential for proper estate planning.

The UAE Personal Status Law – Federal Law No. (28) of 2005

The UAE’s Personal Status Law applies to various aspects of individual and family matters, including:

Marriage and its legal effects
Marital separation, including divorce and annulment
Custody of children
Guardianship
Maintenance
Wills
Estates and inheritance

Scope of the Law

The provisions of this law apply to UAE citizens, unless non-Muslim citizens have sect-specific or religion-specific provisions. It also applies to non-citizens unless one of the parties insists on applying the law of their home country provided this does not conflict with Articles 12 to 17 and Articles 27 and 28 of the UAE Civil Transactions Law (Federal Law No. 5 of 1985, as amended).

Revolutionizing Divorce Law for Non-Muslims in Abu Dhabi

Recent amendments to personal status legislation have introduced significant changes to the treatment of divorce and family matters, particularly for non-Muslims in Abu Dhabi. These updates aim to enhance legal clarity and respect for cultural and religious diversity.