- Legal Articles
- Ask Elhais
August 21, 2023|
Personal affairs in the UAE were controlled by the UAE Personal Status Law No. 28 of 2005 and the UAE Civil Transactions Law until February 2023. However, the UAE government has recently proposed a new law that is distinct from the previous one and is based on internationally recognized practices and customs in the area of family law.
Following the precedent set by Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi, the new Federal Decree-Law No. 41 of 2022 went into effect on February 1, 2023. The UAE Personal Status Law of 2005 will continue to apply to Muslims in the UAE, but these new regulations will control all aspects of family life for non-Muslims, including marriage and divorce.
Changes to non-Muslims' personal status in areas such as family guidance mediation, rights between the parties regarding testimony, inheritance, divorce, and custody, have been instituted by a new federal law. Civil marriage is now legal on a federal level, and both parties have equal rights to file for divorce under the new law. The new federal law addresses issues of child support, parental rights, inheritance, and alimony.
Financial Rights of a Wife
In the United Arab Emirates, the wife has the right to demand maintenance support from the husband during the marriage, as stated in Article 63/1 of the UAE Personal Status Law No. 28 of 2005. The same regulation specifies that the amount of support paid must not be less than the cost of basic subsistence under the economic conditions of the husband's economic situation and place.
Without initiating divorce proceedings, the woman may seek maintenance in court to cover her and the children's living expenses. Unless the couple owns everything together, the husband has no right to receive support from his wife. There is no legal concept for prenuptial agreements in the United Arab Emirates, but newlyweds can protect their wife's financial interests by signing a postnuptial agreement immediately after tying the knot.
Marriage contracts in civil marriages performed in accordance with Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi may include additional terms relating to financial maintenance, community property, and other rights as the parties see fit.
In the absence of these factors, the court may appoint an expert to determine the monetary award to the wife upon divorce. In determining alimony, the court and the expert will consider the husband's monthly income, the market value of his assets (including real estate, stocks, and shares), and the amount of money the couple has pooled together. The judge can order the husband to make a lump sum payment or set up payment plans. While it is true that Abu Dhabi Law 14 of 2021, governing civil marriage and its effects in Abu Dhabi, served as a model for the federal government's Decree-Law No. 41 of 2022. The Emirate of Abu Dhabi has already released the Abu Dhabi Resolution No. 8 of 2022, which contains the necessary regulations for carrying out Abu Dhabi Law No. 14 of 2021.
According to Abu Dhabi Resolution No. 8 of 2022, a former wife is entitled to a certain percentage of her former husband's monthly income, and a share of his property and wealth, equal distribution of the couple's joint funds, housing support for herself and her children, spousal support, and child support.
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Disclaimer: There have been recent changes/amendments in the provisions of the UAE Family Law covered in the content on this website. The views and opinions in the articles are contemporaneous with the time of its publication only and do not necessarily address any matters after the recent amendments of the law or supreme court decisions issued after the date of this publication. The content of this website contains general information and may not reflect current legal developments. Such content is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion. Since the law is constantly changing and since the law will vary based on different facts and circumstances, statements on this website regarding the status of a given law or legal issue may not be current or applicable to your particular situation. You should not take any action based on the information in this website. Each legal issue depends on its individual facts and different matters have different laws and regulations. We may make changes to the features, functionality or content of the website at any time.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.