Civil Personal Status Laws in the UAE
The UAE government has implemented civil personal status laws to regulate the personal affairs of the large population of non-Muslim expatriates residing in the country. These laws are rooted in principles of common law and pertain to family matters.
The laws include:
- Federal Decree Law No. 41 of 2022 (“Federal Civil Personal Status Law”) – applicable to non-Muslims in the UAE except Abu Dhabi.
- Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”) – applicable to non-Muslims in Abu Dhabi.
These laws cover matters such as marriage, divorce, child custody, alimony, and inheritance.
Marriage under the Federal Law
Civil marriages under the Federal Civil Personal Status Law are governed by Articles 5 and 6. Individuals may marry under secular laws, irrespective of religion or nationality.
However, certain conditions must be met:
- Both parties must be at least 21 years old (as per official documents).
- Parties must give free consent and sign a declaration.
- Parties must not be related in the first or second degree (siblings, children, grandchildren, or uncles).
- Parties must disclose any previous or current marriages.
- Additional conditions may be imposed from time to time.
Marriage under the Abu Dhabi Law
Abu Dhabi also allows non-Muslim expatriates to marry under a civil contract as per secular rules, governed by Articles 4 and 5 of its Civil Personal Status Law. The conditions are similar to the Federal Law, with one key difference:
- Marriageable Age: Abu Dhabi allows marriage at 18 years, whereas the Federal Law requires a minimum age of 21 years.
Can Tourists Marry in the UAE?
Yes. Civil marriages are permitted in Abu Dhabi for both residents and tourists. Applicants can apply online, submit the necessary documents, and pay the required fees.
Processing Time for Marriage Applications
- Abu Dhabi: Approximately 15 days for confirmation. An express service is available to complete the process in one working day.
- Dubai: A civil wedding license can be obtained within 24 hours.
Are Witnesses Required for Civil Marriages in Abu Dhabi?
No, witnesses are not mandatory. However, couples may choose to invite friends or family members to witness the ceremony.
Divorce under Civil Law
Non-Muslim expatriates can obtain a divorce under UAE civil laws, regardless of where the marriage took place. Parties may also request the application of the personal laws from their country of marriage during UAE court proceedings.
The UAE civil law provides for a no-fault divorce, meaning neither party needs to prove fault or harm. A divorce is granted if either party wishes to end the marriage. Mediation through the family guidance department is not mandatory.
Financial Claims under Civil Law
Under civil law, women may claim alimony after divorce. The amount is determined by considering several factors:
- Duration of the marriage
- Age of the wife
- Financial situation of both parties
- Husband’s contribution to the divorce
- Physical or moral harm caused by either party
- Financial loss suffered due to the divorce
- Wife’s role as a mother.
Conclusion
The civil status laws are a major benefit to the expatriate community in the UAE. Expatriates no longer need to travel back to their home countries to resolve family matters such as divorce. These procedures are often more efficient and accessible than in their home jurisdictions.
