Read: the new law's main provisions explained
The UAE has announced new laws for non-Muslim expatriates covering key family matters such as marriage, divorce, inheritance and child custody.
The federal-decree law on personal status will come into effect nationwide on February 1, 2023.
The new legislation will set down procedures for formalising marriage contracts before courts and finalising divorces, whether initiated by one or both parties.
"It organises the procedures for settling the financial claims after divorce, and the arrangement of joint custody for the children," a statement from the UAE Government Media Office said.
The new family law will also regulate procedures for inheritance, wills and proof of paternity.
The legal reforms are in line with the UAE's efforts to develop its legislative system, put the Emirates in step with international practices, and enhance its status as an attractive destination for talent from around the globe.
"The provisions of the decree-law apply to non-Muslim foreigners residing in the country unless someone adheres to the application of his country’s law," the media statement added.
"Moreover, non-Muslim foreigners may agree to implement other legislation on family or personal status in force in the UAE instead of the provisions of this decree-law."
Law promotes equal rights
Dr Hasan Elhais from Al Rowaad Advocates in Dubai said the new law shall apply to all non-Muslims in the UAE, unless they insist on implementing the law of their native country.
“According to this law, women are granted equal rights in regards to providing witness testimony, inheritance, the right to file for divorce, and joint custody of the children until they are 18 years old. Subsequently, the children will have the right to choose between their parents,” Dr Elhais said.
“This means that women’s testimony in court will be equal to that of a man.”
He said that in regards to custody, it is granted equally to both parents unless one parent submits a request to the court seeking to exclude the other based on the best interests of the child.
“In this case, both parents will be able to file requests to court which will then decide what is best for the child,” the legal expert added.
He said civil marriage contracts are addressed by this law and must meet a set of conditions that include the need for spouses to be at least 21 years old, and for a declaration form to be completed in front of a judge.
To file for divorce under the new law, one spouse must inform the court of their desire to end their marriage, without having to justify, explain or blame the other spouse.
They can request a divorce without proving that any harm was done during their marriage.
Latest in series of legal reforms
The decree extends many of the family law reforms introduced in Abu Dhabi in November 2021 to the rest of the country.
Equal legal rights for men and women, joint custody and the expediting of divorce procedures were among the changes announced last year.
A dedicated family court for non-Muslims was opened in the capital in line with the legal reforms.
The court hears all cases related to marriage, custody, divorce, paternity, inheritance and personal status.
More than 1,000 Emirati couples took part in civil marriage ceremonies within the first six months of the court's opening.
Skewed figures
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
HIV on the rise in the region
A 2019 United Nations special analysis on Aids reveals 37 per cent of new HIV infections in the Mena region are from people injecting drugs.
New HIV infections have also risen by 29 per cent in western Europe and Asia, and by 7 per cent in Latin America, but declined elsewhere.
Egypt has shown the highest increase in recorded cases of HIV since 2010, up by 196 per cent.
Access to HIV testing, treatment and care in the region is well below the global average.
Few statistics have been published on the number of cases in the UAE, although a UNAIDS report said 1.5 per cent of the prison population has the virus.
What can victims do?
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Courtesy: Crystal Intelligence
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Explainer: Tanween Design Programme
Non-profit arts studio Tashkeel launched this annual initiative with the intention of supporting budding designers in the UAE. This year, three talents were chosen from hundreds of applicants to be a part of the sixth creative development programme. These are architect Abdulla Al Mulla, interior designer Lana El Samman and graphic designer Yara Habib.
The trio have been guided by experts from the industry over the course of nine months, as they developed their own products that merge their unique styles with traditional elements of Emirati design. This includes laboratory sessions, experimental and collaborative practice, investigation of new business models and evaluation.
It is led by British contemporary design project specialist Helen Voce and mentor Kevin Badni, and offers participants access to experts from across the world, including the likes of UK designer Gareth Neal and multidisciplinary designer and entrepreneur, Sheikh Salem Al Qassimi.
The final pieces are being revealed in a worldwide limited-edition release on the first day of Downtown Designs at Dubai Design Week 2019. Tashkeel will be at stand E31 at the exhibition.
Lisa Ball-Lechgar, deputy director of Tashkeel, said: “The diversity and calibre of the applicants this year … is reflective of the dynamic change that the UAE art and design industry is witnessing, with young creators resolute in making their bold design ideas a reality.”