The “Federal Personal Status Laws”, the new family laws for non-Muslim residents of the United Arab Emirates, were adopted on the first day of February 2023.
These laws are in place for non-Muslim foreigners and expatriates residing in the United Arab Emirates (UAE). These laws cover a wide variety of aspects related to family law, such as marriage, divorce, child custody, wills, paternity, inheritance, and more.
These laws are not the result of an overnight process. The late President His Highness Sheikh Khalifa bin Zayed Al Nahyan approved the reforms on November 27, 2021 and on February 1, 2023, these laws were promulgated. The late President His Highness Sheikh Khalifa bin Zayed Al Nahyan made changes to around 40 different laws in the United Arab Emirates (UAE). No wonder these laws are one of the most essential legislative reforms in the UAE.
The provisions of the new law – EXPLAINED!
Let’s delve into the news laws one by one.
Under the new law, non-Muslim couples aged 21 or older have the right to marry without the consent of the wife’s father or guardian. Before the adoption of this law, it was mandatory to have a large number of male witnesses at marriages. However, the requirement for male witnesses is not necessary. According to the new law, marriage only requires the “will of the husband and wife.” The couple who wants to get married simply has to fill out a declaration form before a judge.
The new law simplifies both the celebration and termination of marriage. To initiate a divorce, the mutual consent of the husband and wife is sufficient, or even the assent of one of the spouses alone. Articles 6, 7 and 8 of Abu Dhabi laws talk about the concept of “no-fault divorce.” According to this aspect, spouses can divorce without having to prove that their spouse has caused any damage to the marriage or is at fault. Family counseling or mediation were some of the previous requirements, but now, under the new law, these requirements have been eliminated. Besides, divorces now won’t take long. Couples who wish to separate from their married partners will now divorce efficiently and quickly, mainly at the first hearing.
It is also important to talk about the post-divorce application form here. Yes, a new post-divorce application form is submitted for payment of maintenance, alimony, family applications or maintenance. In situations of disagreement on financial issues such as alimony, the court will make some necessary considerations about the financial situation of both spouses, the age of the wife and the duration of the marriage.
In matters that need witnesses, both men and women have had equal opportunities. This means that a man’s testimony will have no more power than that of a woman. In simple words, a woman’s testimony will have the same value as that of a man. Furthermore, the new laws aim to instil this equality in matters such as inheritance, divorce and also in property matters.
The entire global water cycle is changing dramatically. Here are the alarming changes!
Non-Muslim foreigners now have the right to give their property to whomever they want according to a will. In case the expatriate dies without a will, then in that case the property and assets will be divided equally between the living spouse and children. In situations where there are no children, the property will be divided equally between the surviving parents and siblings.
Under previous Sharia laws, most of the deceased’s inheritance would be transferred to the son, even in the absence of a will. Now, however, everything is set to change, as both son and daughter will have equal rights to inheritance in the event that one person dies intestate.
After divorce, joint custody of the children will be granted to both parents, unless one of the parents objects. By default, joint custody of the children is maintained until the child turns 18 years old. Once they turn 18 or come of age, children can decide for themselves. In dispute situations, the court will make a decision in the best interests of the child.
News laws also include paternity provisions. The main indicators here are the marriage or declaration of the mother or father. If the father is not known, a DNA test will be used. Previously, only married couples were entitled to the birth certificate of the fetus. However, now, under the new law, even single mothers have the right to apply.
The Center takes some important steps for Green Growth in Budget 2023. What are these steps?
Categories: Optical Illusion
Source: ptivs2.edu.vn