UAE: New law for non-Muslims offers 'modern framework' to settle family disputes, says expert

Among other changes, the legislative overhaul introduces international standards on the rights of divorced partners

A legal expert has praised Abu Dhabi's new personal status law for non-Muslim expats for offering a 'modern framework' to settle family disputes.

In a significant step in the legislative map of Family Law in the UAE and the Gulf region, the Judicial Department of Abu Dhabi passed Law No. 14 of 2021 concerning personal status for non-Muslim foreigners last November as the first civil law concerning non-Muslim family matters.

Diana Hamade, Founder and Managing Partner at Diana Hamade Attorneys at Law, said "A legislative solution to be considered is the addition of the sophisticated legislative solutions that provide a modern judicial framework for foreigners in Abu Dhabi to resolve family disputes, to the existing Federal Personal status law as an addendum which deals with family matters of non-Muslims, especially where the current law provisions on marriage and divorce laws are guided through Islamic Sharia law."

"The addition of such a civil law can replace the process of applying a foreign law to non-Muslim expats cases, which are no doubt problematic for judges, counsels, and parties and not to mention expensive," said Hamade.

ALSO READ:

• Part-time jobs under new UAE labour law: Do I need approval from my primary employer?

• New UAE cybercrime law: Up to Dh500,000 fine for taking photos of people without consent

The new personal status law for non-Muslims foreigners, Hamade added, introduces international standards on the rights of divorced partners. This includes the monetary rights of a wife after separation being 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 Family Guidance department is removed as a first step in the process, and the divorce can be granted at the first hearing. It also introduces the concept of joint custody, equality between men and women in giving evidence, and inheritance.

Courts dedicated to non-Muslim family matters are opened and functioning at the Abu Dhabi Judicial Department, in Arabic and English.

Reforms over the years

Although major reforms have been made to the UAE Federal Personal Status Law No. 28 of 2005 over the years, Hamade said further progress can be made to match the Civil Law of Abu Dhabi in adapting to the changing trends of society.

"The UAE legislature needs to address the legal provisions in relation to custody and visitation to meet the requirements of modern society where women now are mostly in full-time employment and the roles of custody and guardianship being separated is not serving the best interest of children nor parents."