News

On the 7th of November 2021, his highness
Sheikh Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates and
the ruler of its Capital Abu Dhabi issued law No. 4/2021 regarding civil marriage
and its effects in the Emirate of Abu Dhabi. This introduced new principles in
relation to the personal status laws in a way that meets modern international
practices, given the fact that the Emirate of Abu Dhabi has become one of the
most attractive destinations for expatriates from all around the world.

The abovementioned law was published on the
15th November 2021 and entered into force on the 15th  December 2021. However, the details
surrounding its applicability remained vague until this week when the Chairman
of the Abu Dhabi Judicial Department issued Decision No. 8/2022 on the
regulations pertaining to civil marriage and divorce within the Emirate of Abu
Dhabi.

Pursuant to the new regulations, a new
court has been established which will have jurisdiction to examine and rule on
different personal status matters such as civil marriage, divorce, custody,
inheritance, alimony, and other matters. For Non-Muslim UAE nationals and Foreigners
of various nationalities (with the exception of foreigners where Sharia principles
apply to personal status matters in their country of origin),he said court will
have territorial jurisdiction as well.

The process of a civil marriage
has been simplified – any couple -of sound legal and mental capacity – can
electronically submit an English-Arabic bilingual template for executing and
registering their civil marriage. Relevant documents must be attached to the
application such as passport copy, residency visa, Emirates ID and other
official documents showing the religion of the parties, acknowledgment of the non-existence
of an ongoing marriage, amongst other matters. The court fees can be also
settled electronically.

Following the submission, the court will
examine the documents to make sure that the conditions are met. If the
application is approved, the court will contact the concerned couple within 3
working days in order to schedule an appointment for the issuance and delivery
of the marriage certificate to the couple. The couple can attend the meeting
virtually or physically in court.

What happens in the instance of a
divorce?

The process of a civil divorce is more
complicated, which is normal given the possibility of a potential dispute
between the couple. Each of the husband or wife have the right to file a
petition for divorce without any need to prove any damage or justification
behind filing for divorce.

The party applying for divorce will have to
complete the English-Arabic Bilingual template with a docket of documents
attached to it and settle the court fees. The court will decide if the petition
meets all the requirements, especially in relation to the court jurisdiction to
rule on the matter.

In the event the petition is approved, the
court will schedule a hearing for the issuance of the divorce order after a
period of at least 30 days from the date on which the petition was approved.
The parties will be notified of the hearing date. The defendant will have the
right to challenge the court jurisdiction by submitting a memo 10 days before
the hearing. On the day of the hearing, the judge will issue his ruling.

It is worth noting that decision no. 8 of
2022 has also allowed the parties to seek arbitration to resolve any dispute
whether prior or after the actual dispute.

These new developments will undoubtedly
appeal to many expats residing in the United Arab Emirates, which once again
proves to be one of the fastest growing countries in the region socially as
well as economically.

Read the full article, published in Gulf News: ‘How non-Muslim expats and tourists can get married in Abu Dhabi’.