New Civil Personal Status Decree for Non-Muslims in Abu Dhabi
A new civil personal status decree has been introduced in the emirate of Abu Dhabi by His Highness Sheikh Khalifa bin Zayed Al Nahyan, may God have mercy on him, President of the UAE and Ruler of Abu Dhabi. This personal status decree applies to non-Muslim foreigners based in Abu Dhabi in matters of marriage, divorce, wills, inheritance, and child custody.
According to the new Civil Personal Status Decree, which was issued on Sunday, November 7, 2021, non-Muslim residents in Abu Dhabi are now allowed to marry, divorce, and obtain joint custody of children under civil law. This law applies to non-Muslims who marry in Abu Dhabi courts and have their marriage certificate issued by the Abu Dhabi court.
Purpose and Scope of the Law
This law aims to provide a simple and accessible legal process for non-Muslim expatriates. It eliminates complex procedures and ensures hassle-free legal proceedings. Notably, the law guarantees equal rights for both genders — especially for women — in matters of testimony, marriage, divorce, inheritance, and child custody.
The new law will be applied to non-Muslim foreigners based in Abu Dhabi. If a foreigner does not wish to apply their home country’s law, then this civil law will be applied instead. The cases will be heard by a single judge, and a new civil court will be established under this decree. The court will operate in Arabic with English translation available, and non-Muslim judges may be appointed to the bench.
Key Legal Provisions
Divorce:
A non-Muslim individual can approach the court and file for divorce without needing to justify a reason or place blame on the other party. Divorce cases will not be referred to family guidance or reconciliation. Instead, the case will be registered directly with the court and decided in the first session after the other party is notified.
Maintenance (Alimony):
The court may award alimony to the wife based on several factors, including the length of the marriage, the wife’s age, the economic status of both spouses, and the children’s ages. However, if the ex-wife remarries, the right to receive alimony as per the court decision will be terminated upon her new marriage.
Child Custody:
Under this decree, both spouses have equal rights to the custody of their children. In the event of a dispute, the court will decide custody arrangements based on the child’s best interests.
This decree is already in effect and represents a significant shift toward offering non-Muslims a more equitable and streamlined legal framework for family matters in Abu Dhabi.
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