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The United Arab Emirates has taken a huge step forward in terms of legal equality and protection of non-Muslim expatriates.
This Federal Personal Status Act (Federal Act No. 41 of 2022) The bill, which went into effect Wednesday, provides comprehensive solutions for important family matters such as marriage, child custody, divorce and inheritance.
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Al Arabiya English spoke to Maroun Abou Harb, legal expert and partner at Dubai-based BSA Legal, about the significance of the new law and its impact on Non-Muslim expatriates residing in the UAE.
civil marriage
This new law Foreign citizens are allowed to enter into civil marriages if they meet certain criteria, such as age and mutual consent. The validity of a civil marriage must be confirmed by a judge.
civil marriage Is a marriage performed and recognized by state or civil authorities rather than religious institutions. In a civil marriage, the couple is legally bound by state laws and their union is considered a legally valid partnership.
Civil marriages are usually performed by a judge, magistrate, or other authorized government official. The conditions of marriage and the legal rights and obligations of the spouses are regulated by the state, often governed by specific laws and regulations. civil marriage Considered a secular alternative to a religious marriage, it is usually chosen by couples who do not wish to have a religious wedding or who come from different religious backgrounds.
“Both spouses must agree on the conditions of the contract, including rights and obligations during marriage and rights after divorce. The process of marriage consists of filling out forms prepared by a certifying judge, and after all conditions and procedures are met, it is verified by the same judge. Legalize it,” Abou Harb told Al Arabiya English.
“Contracts should be registered in the official register, while allowing civil marriages to use bilingual contract forms.”
The fact that they will be recognized under the new law represents a major shift as the UAE had not previously recognized it under the old law, leading to competition for non-Muslim expatriates who could have their assets subject to family court proceedings in the event divorce.
divorce
“This new law speeds up the divorce process in many ways by bypassing referrals from family steering committees,” the Dubai-based legal expert added.
“non muslim expatriates There is now greater legal protection and assurance when it comes to the division of property in divorce. “
The law simplifies the divorce process, allows either spouse to sue without proof of wrongdoing, and clarifies the rights and responsibilities of both parties during and after divorce.
“This newly enacted law has had a significant impact on the marriage process. Requirements to attain the age of 21, to obtain written or oral consent from both spouses, and to disclose any prior marital relationship have been established as mandatory conditions of a civil marriage contract,” Abou Harb Say.
Under the new law, couples must come to a mutual agreement on the terms of the marriage contract, including their rights and responsibilities during marriage and after divorce.
In addition, it allows either spouse to seek divorce without providing any proof.
“The divorce procedure is carried out through court judgment at the first hearing. A divorced woman can apply to her ex-husband for alimony by applying to the court alone. Factors such as the age and financial status of the husband and the extent of the husband’s contribution to the divorce are determined,” Abou Harb explained.
“The law also takes into account the mother’s child-rearing costs and the wife’s efforts to care for the children. However, if the wife remarries or child custody ends, the wife’s maintenance may be forfeited.
“This legal change simplifies the divorce process and provides greater flexibility for spouses seeking to separate.”
child custody
This new personal status law It also changed the principle of child custody, establishing the joint custody of divorced parents as the “general principle” after their separation.
“This is to protect the mental health of the children and to minimize the impact of the divorce on them. Unless either party files an application to the court to grant custody to a parent better equipped to serve the children’s best interests, or to relinquish their custody, said Abou Harb.
“If there is a disagreement between the parents, either party can seek the intervention of the courts to resolve the matter.
“The courts have the power to make decisions that are in the best interests of the child.”
The long-term impact of these legal changes has yet to be fully determined, but Abou Harb expects they will increase investment in the local economy.
“This is because the non-Muslim diaspora is now able to move more funds to United Arab Emirates More confidence because they know their assets are protected by the new legal framework,” he explained.
“It will be interesting to see how the courts interpret and apply these changes in the future. Nonetheless, this is a positive step forward in protecting the rights of non-Muslim diaspora. United Arab Emirates And could lead to more investment in the local economy. “
The move is continuing in the UAE multiple reforms to enhance its appeal to foreigners. Since 2021, the state has issued a number of Flexible visa options, such as famous golden visajust last month, abolish alcohol taxand implemented the mandatory Unemployment Insurance Program.
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