UAE Family Laws for the Non-Muslims

When it comes to the best family laws in the world, the United Arab Emirates (UAE) ensures the safety of Muslims and non-Muslims. Family lawyers in Dubai work on various family matters such as marriage, divorce, inheritance, and child custody. However, the UAE’s legal structure blends Islamic law and Civil law. According to the country’s laws, Muslims follow Islamic law for every matter, whereas non-Muslims can opt for their country’s rules for family matters. Learn more about Civil Lawyers here.  Let’s get back to our family law article.

The UAE has a diverse population. Non-Muslims can marry under civil laws. The legal framework ensures that marriage complies with social norms and fulfils legal requirements.

There are certain rules for getting married in the UAE. However, without these requirements, a civil marriage cannot be proposed:

• Age Requirement

According to Abu Dhabi Law, a man and a woman must be 18 years or older to enter a committed relationship. Their age can be verified from their national identity cards. However, the Federal Decree Law has changed the age number from 18 to 21 for both parties.

• Consent and Legal Status

The consent form is shared with the man and the woman and signed under their current marital status, ensuring zero legal dispute over their marriage.

• No Marriages in the Family

The UAE has prohibited marriages amongst first-degree relatives, whether by civil or federal law. The additional requirement to register a marriage is the attention of the Judicial Department and if they need more details before the couple can get married.

Articles 5 and 6 ensure a civil marriage in the UAE. To register an official marriage in the UAE, the couple must apply and provide relevant documents to the marriage counsellor. The terms of their marriage contract can be modified regarding their rights and obligations. The judge will validate their marriage as soon as the requirements are met.

However, these marriage procedures are applied to non-Muslims only. Gender and citizenship do not matter as long they are getting married in the UAE.

The legal process for non-Muslim couples who want to get a divorce in the UAE is different. However, whether you are a Muslim or a non-Muslim, the divorce procedure is handled carefully, ensuring respect and an ethical code of conduct by the family lawyers in the UAE.

• Unilateral Divorce:

The divorce procedure is very simple in the UAE. There is a ‘no-fault’ divorce, which means that the spouses do not have to blame each other for getting a divorce. It can be filed amicably. Unilateral divorce allows both individuals to end their marriage if they are not compatible with each other.

• Judgement by the Court

If one of the spouses proceeds with the formal request for divorce, the court will assess the application and give a verdict later.

• Alimony in the UAE

When the divorce is formalized, the woman can ask for financial security from her former husband. This is known as alimony. However, alimony is decided upon various factors, such as the duration of the marriage, the financial status of both spouses, child custody and expenses, and whether the woman can remarry in the future.

• Custody in the UAE

In the UAE, child rights are of the utmost importance. The physical, emotional and mental health is emphasized in child custody cases. Both spouses can share custody if they earn well and have a stable mind. Under the shared responsibilities, both parents take equal chances to raise their children in a better environment. However, suppose one of the parents needs a better financial background or they need to be more mentally well. In that case, the child’s responsibility is automatically shifted to the other spouse, who is doing well in all aspects.

If the parents want custody of the child but disagree on some matters, they should seek legal advice from a family lawyer. The court will ensure that the decision supports the child’s well-being and mental health.

The UAE laws ensure that non-Muslims get inheritance rights with fairness and dignity. Therefore, the international laws of inheritance are applied to non-Muslims, whether about the distribution of the family property or creating a will. The non-Muslims can draft a will to avoid family property disputes in the future. But, if there is no will, the inheritance will be governed according to the Federal Laws. The inheritance will be equally distributed amongst the spouse and their children. If no children exist, the estate is equally divided between the deceased’s parents. However, if the parents are not alive, the siblings divide the inheritance equally.

Non-Muslims should register their wills legally. As for the distribution of assets, the spouses can decide the portion of assets between them. They can make decisions about assets during the marriage contract.

• Clarity

The procedure of marriage and divorce is very clear for the non-Muslims. They can easily manage family matters without adding any conflict or confusion to the decision.

• Fairness and Equality

Property is distributed equally among parents, siblings, and even spouses. There are no gender-biased rules regarding asset distribution.

• Cultural Sensitivity

Adjusting laws for non-Muslims in the UAE is a big step in demonstrating cultural diversity and sensitivity toward people from diverse backgrounds.

• Flexibility

The marriage and wills are drafted with flexibility. People can marry and have a customized marriage contract that may involve financial security for the woman.

For many expatriates, the UAE has proven to be an excellent country with diverse backgrounds and rich culture. The legal framework adheres to the modernized approaches in family matters.

However, investors have found brilliant opportunities in the corporate sector. Not only have they found golden prospects, but they have also loved how family life is valued in the UAE, regardless of ethnicity.

Why Should You Hire a Family Lawyer in the UAE?

Suppose you have family issues or want to marry in the UAE. In that case, you should talk to the family lawyer to ensure your marriage is registered according to the UAE marriage laws. Whether you are a Muslim or a non-Muslim, the family legal consultants will help you throughout the marriage, divorce and inheritance process. You can ask a family lawyer to help you create a will because there will be family disputes over property distribution without the lawyer’s assistance. You can get a free initial consultation about your family issue.