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May 24, 2017|
In this article we will guide you to better understand the legal process which is followed in most family disputes.
In this article, we will guide you to better understand the legal process which is followed in most family disputes.
The first stage of the legal process for divorce is the Family Guidance Committee. In family matters, the local courts cannot be approached directly. In such cases, a no-objection certificate or a transfer letter must be obtained by the Family Guidance Committee before approaching the courts. This is considered an important step as they try to resolve any matters amicably between the husband and the wife due to the importance of family in the social context.
If the marriage has been contracted outside the UAE, then the document should be Legalized by the Ministry of Foreign Affairs in that country and attested by the UAE embassy in that country. The same document then has to be attested by the Ministry of Foreign Affairs in the UAE, translated into Arabic and stamped by the Ministry of Justice. Some countries require marriage contracts to be stamped by their embassies in the UAE. That step should be followed accordingly to the requirement.
The introduction of a new personal status law for the non-Muslims effective February 2023, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status, brings with itself numerous changes in terms of marriage, divorce, custody, inheritance etc. Following the issuance of the Abu Dhabi Personal Status Law for non-Muslim Foreigners in 2021, the federal government came out with a Personal Status Law that would apply to the entire non-Muslim population of the UAE, whether citizens or expatriates.
This New Federal Law has introduced changes in personal status matters for non-Muslims in matters related to family guidance mediation, rights between the parties concerning testimony, inheritance, divorce, calculation of time-based on the Gregorian calendar, and joint custody of children. The New Federal Law has introduced civil marriage at a federal level and provided equal rights to parties in requesting the divorce. The New Federal Law covers matters related to alimony, custody, inheritance, and parentage and shall 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.
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