Federal Decree Law No. (41) of 2022 Regarding Civil Personal Status

Through the state’s efforts to develop its legislative framework, and with the country’s leadership as a destination for tolerance, coexistence, family stability, and demographic diversity, this legislation comes as a key option law to clarify and regulate family matters such as marriage, divorce, custody, and guardianship for non-Muslim individuals national and residents. The goal of these updates is to enhance individual rights and ensure the application of laws that balance rights and responsibilities within culturally and religiously diverse families in the UAE.

 

The most prominent provisions of the law

• This law applies to non-Muslims who are citizens of the United Arab Emirates, and to foreign non-Muslims residing in the country, unless one of them insists on applying their own law or agrees to apply other family or personal status regulations in effect in the country. It applies to all incidents occurring after its effective date.

 

• Divorce cases under this law are exempt from being referred to Family Guidance Committees.

 

• The law equalizes the rights and duties of men and women, particularly in areas such as (witnessing, inheritance, the right to request divorce, and joint custody).

 

• The law stipulates several conditions for civil marriage, including setting the minimum marriage age at 21 years for both parties, and prohibiting marriage between siblings, children, grandchildren, uncles, aunts, and relatives up to the third degree.

 

• Marriage contracts must be before a notary public according to a specified model, and the contract must include the mutual consent of both parties, both verbally and in writing.

 

• The unilateral will of one of the spouse shall suffice in divorce, provided the notifying of the other party.

 

• According to the Law, the divorced woman may submit a request to the court, after the judgment granting divorce is rendered, seeking a judgment of alimony from her ex-husband and subjects it to various conditions to be assessed by the court. In all cases, alimony laps if the divorced woman remarries or if her custody of children ends, and requests for modification of alimony can be made annually.

 

• The law regulates the distribution of Estate and inheritance , and outlines procedures for registering wills.

 

• The law addresses the issue of establishment of Parentage (by acknowledgment from the father or mother), and the court may order a DNA test. It will only issue an order establishing parentage after verifying whether the child is of unknown parentage, that age difference makes it possible to claim the child as the descendant of the claiming person asserting the claim.

 

• Existing laws and legislation in force in the State shall apply to matters not specifically provided for in this Decree-Law, and any provisions goes against or contradicts the provisions of this Decree-Law shall be repealed.

 

• The decree-law was published in Official Gazette No. 737, Supplement, dated October 10, 2022, and came into effect on February 1, 2023.

 

To view the resolution :

https://pdf.ac/1yieDb >> https://pdf.ac/1yieDb