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Abu Dhabi, UAE

What did the new personal status and civil marriage law present for non-Muslims?

Can anyone explain the latest divorce law in Abu Dhabi for non-Muslims?

Abdalla Salem Alzaabi Advocates and Legal Consultants
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10 Nov 2021, 06:46

Dear Questioner,

Regarding your question, it's my pleasure to let you know that.

As per Abu Dhabi Judicial Department (ADJD), the law comprises 20 articles, which are divided into five chapters relating to civil marriage, divorce, child custody and inheritance.

The first chapter of the law amends the marriage procedure for foreigners by bringing in the concept of marriage being held on the will of husband and wife.

The second chapter lays down laws for divorce procedures for non-Muslims, outlining the rights of divorced partners and the financial rights of a wife after divorce.

The monetary rights of a wife after separation would be left to the discretion of a judge based on criteria such as “the number of years of marriage, the age of the wife, the economic standing of each of the spouses”.

The third chapter deals with the custody of a child after divorce. It introduces the concept of joint custody, where a child’s custody is equally shared between mother and father.

The law brings in this concept “to safeguard the cohesion of the family after divorce and to preserve the psychological health of the children”.

The fourth chapter sets up laws for the inheritance, registration of wills for non-Muslims and also establishes the right of a foreigner to draw a will and pass on their assets to whomever they choose.

The fifth chapter of the law addresses the proof of paternity for non-Muslim foreigners, “providing that the proof of paternity of the newborn child is based on marriage or recognition of paternity”.

In the case of a child’s custody, while the new law allows both parents to have joint custody and equally share the custody after divorce, earlier, the custody would be with the mother and the father used to be a guardian (to financially provide) of the child.

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