Getting married without the need for a guardian or witnesses, inheritance distribution and expediting divorce procedures are some of the changes announced for non-Muslim residents in Abu Dhabi.
Before the new law, first introduced in September, residents from non-Sharia countries were subject to rules on inheritance, marriage, divorce, child custody and alimony which were significantly different to those of their home countries.
To keep in step with the international community, Abu Dhabi authorities created the Civil Family Court to better suit residents who are not required to follow Sharia.
So how do these new laws compare with the old ones? The National explains.
Divorce and Mediation
Now for first time, the court has introduced a “no fault divorce”.
From the first divorce hearing, a couple intending to divorce may do so without the need to prove harm or justify the reasons for separation.
There is also no longer a need to go through mediation sessions which were previously required to facilitate reconciliation. The process could delay divorce procedures for many years.
Abu Dhabi Judicial Department (ADJD) said the new provisions will ensure divorces can proceed in a “swift manner in order to reduce quarrels and discord between the spouses especially if the couple has children.” The intention is to conclude all divorce cases within 30 days to limit any damaging effects on children involved.
Custody
Another new law pertains to the equal and shared custody of children. Under the federal laws, a mother would have custody of her children to the age of 11 for her daughter and 13 for her son.
A woman would also immediately lose custody if she remarried or if the court found her unfit to care for her children.
The father would be allowed supervised visits of his children depending on the judge’s decision.
Under the new law, parents will share equal custody of their children. Officials said custody of children is, from the outset, “systematically granted on an equal basis to the father and mother and details the method of alternating and dispatching joint custody between the parents, either weekly, fortnightly or monthly".
Alimony
Once divorced the wife will receive alimony. Previously, alimony would be paid monthly and depend only on the spouse’s monthly income. The husband's total assets would not be taken into consideration.
Under the new laws, the total assets will be a factor in deciding alimony, in addition to providing the wife with the same lifestyle and financial statuses she held during the marriage.
Compensation
For the first time the wife will be given “a lump sum” in compensation for leaving her job to care for the children. The number of years a couple has been married will also be taken into account, where a longer marriage results in a higher amount. The age of the spouses and the extent to which one of them contributed to the breakdown of the marriage will also be taken into account.
There were previously no such laws that compensated spouses for leaving a lucrative career to care for children.
Inheritance
Under federal laws, in cases where there is no will in place, Sharia meant a son would receive twice as much as the daughter. The Civil Family Court will now distribute inheritance more equally if there is no will in place. Half of the estate will automatically go to the spouse, with the other half distributed equally among their children.
Marriage
Under federal law a woman of any age needs the consent of a guardian to marry. This was often difficult with couples whose parents or guardians were in their home country.
It was also previously a requirement to have two witnesses present.
Now with the new laws, no guardian or family member's consent is needed, and witnesses are not needed for a couple to get married.
Tourists and residents from other emirates can now easily tie the knot in the capital making it a desirable new location for destination weddings.
UAE legal reforms: in pictures
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Alcohol consumption without a licence is no longer criminalised. Licences are required to buy items in wine shops in Dubai. It is an offence to drink in the street or to be drunk in a public place. Getty Images -
The law allows for the legal cohabitation of unmarried couples, and sex outside of marriage is, in effect, decriminalised. Until 2020, it was illegal for an unmarried couple, or even unrelated flatmates, to share a home, though punishments were rare. Getty Images -
There is no longer potential punishment for the parents of children born out of wedlock. The law stresses the welfare of the child and for parents to take responsibility -
Expat couples seeking a divorce can request that the UAE court does not follow a shariah-based legal process. Instead, a judge and lawyers can divide assets and approve the divorce in a manner that is similar to the couple's home country. Getty Images -
Workers must be allowed to move to another employer as they wish, and current bosses cannot block such a move. If someone is made redundant, they have up to 180 days, not 30 days, until their visa runs out and they must leave the country -
The law will ensure ‘Good Samaritans’ who intervene in situations where people are in need cannot be held liable for the outcome of those they help. Under a long-standing, but rarely used clause, it had been possible for someone who went to the aid of someone, to give CPR or other first aid, to be help accountable for their injury or death. Getty Images -
There are a number of amendments seeking to protect the rights of women. There will be no longer a distinction of crimes known as ‘honour crimes’, where a male relative can get a lighter sentence for assaulting a female relative under the guise of ‘protecting honour’. Getty Images -
There have also been changes to UAE drug laws that limit criminal action against those in possession of items containing cannabis extracts, such as in cosmetics and health products. AP -
The new law mandates that translators are provided for defendants and witnesses in court, if they do not speak Arabic. The court must ensure legal translators are available. Getty Images -
Ahmed Ibrahim Saif, senior judge at the Dubai Civil Court and former chief justice of Dubai's criminal courts, said the reforms reflect the UAE’s efforts to promote tolerance and co-existence. -
Judge Ayman Abdul Hakam, former head of the One Day Court in Dubai, predicts further changes to keep pace with the developments UAE is constantly achieving. -
Hassan Elhais, senior partner at Al Rowaad Advocates & Legal Consultants, said disputes related to family-owned assets have disappeared thanks to the revamped laws.
