The introduction of a new personal status law for the non-Muslims is a landmark decision on part of the UAE government. To be enforced from February 1st, 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.
Latest Update: The UAE has Issued a Civil Personal Status Law for non-Muslims at the Federal Level. The New Federal Law comes after the effective application of a non-Muslims Personal Status Law existing in Abu Dhabi.
Under the Shariah rules, a man is allowed to marry more than once and can have up to 4 wives. That said, the second wife has several rights in such a case. Some of the rights, as enshrined under the Federal Law No. 28 of 2005 On Personal Status (UAE Personal Status Law) have been briefly explained below.
The Abu Dhabi Non-Personal Status Law is a ground-breaking initiative in the Emirates of Abu Dhabi towards giving rights to the expats in line with the international best practices, taking into account the local customs, culture and language. It remains to be seen whether other Emirates of the UAE will follow the lead of Abu Dhabi and introduce similar laws for non-Muslims expats and locals in the near future. Meanwhile, the UAE Personal Status Law would continue to apply to the rest of the UAE.
Expatriates have enjoyed living in the UAE for many years but often do not understand the application of the UAE laws on them. In this series, we are covering the laws applicable to family matters in the UAE which have implications for expatriates.
In a recent development, the Ras Al Khaimah Courts Department has launched a new electronic registration system for family cases. The new service can be accessed through the official electronic portal maintained by the Ras Al Khaimah government. The new system for electronic filing has been now introduced with the specific aims to simplify the entire process, making it more customer-friendly in order to achieve speedy submission of applications before the family guidance department.
Many groundbreaking legal changes have been introduced in the UAE in recent months. The new changes have been nothing short of revolutionary in terms of modernizing the existing rules and building a more flexible and expat-friendly environment.
A divorce process can often be a very unsettling time for the people; however, it is important to understand that financial rights concerning ‘alimony’ and ‘child support’ are very crucial factors that have far-reaching implications. In legal terms, ‘alimony’ refers to the legal obligation of a person to provide financial support to his or her spouse in the instance of a marital separation as per the applicable family law.
Pursuant to the latest amendments made to the inheritance laws in the UAE, it is now possible for expats to apply the law of their home country for inheritance matters, including specifying the choice of law as part of their will.
In the wake of progression by implementing new legislations, the Emirate of Dubai has promulgated a new law by virtue of Law number 9 of 2020 for regulating the Family Ownership (hereinafter referred to as the Law).
The Judicial circuit of Abu Dhabi has on 26 February 2020 issued Decision number 9 of the year 2020 regarding a manual for handling personal status cases in the emirate of Abu Dhabi, hereinafter referred to as the Manual.
Divorce is indeed a very delicate matter, and if children are involved, it should be dealt with the utmost care and conscious.
UAE government has issued some significant amendments in UAE Family law, especially towards divorce and custody cases by virtue of Federal Law Number 8 of 2019 amending Federal Law number 28 of 2005 concerning the Personal Status Law in UAE (the new Law)
UAE law considers domestic violence a serious felony and the damage incurred by the other person can have serious consequences on their daily life or routine.
A fundamental requirement of being a witness is to be impartial as a person with the conflict of interest with either of the parties is not recommended to appear as a witness.
In this article I will guide you to better understand the legal process which is followed in most family disputes.
The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the parties, the location, and addresses of the...
Dr. Hassan Elhais explains the kind of correspondences that the court accepts, and the role of the mediators in the processes of the family courts, whose purpose is to communicate between the parties to settle an...
Dr. Hassan Elhais explains who are accepted as witnesses and what their impact could mean for the outcome. 90% of the cases will involve witnesses and they can have the biggest impact on the outcome of the case.
Dr. Hassan Elhais explains the second part of the of the guide through family court proceedings, outlining some of the common mistakes made by parties while entering into settlement agreements due to the absence of a...
Witness hearing is common in personal matters before the courts in the UAE. Provisions for witnesses in personal matters exist in the Federal Law No. 28 of 2005 on Personal Status...
Dr. Hassan Elhais explains the divorce for a U.A.E resident under U.A.E Family Law and Hindu marriage act 1995.
Dr. Hassan Elhais explains the role of the family guidance committee in resolving family disputes.
Dr. Hassan Elhais discusses the legal complications arising from jurisdiction and the questions of which laws shall prevail when it comes to family cases.
Total Publications: 24
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