Non-Muslim Family Law UAE covers civil marriage, no-fault divorce, child custody, wills, and estates. Federal Decree-Law No. 41 of 2022 governs families within its scope.
Abu Dhabi Law No. 14 of 2021 provides a separate local system. Identify the applicable system first because their rules differ.
Who falls within Non-Muslim Family Law UAE
Article 1 of Federal Decree-Law No. 41 of 2022 applies to non-Muslim UAE citizens and non-Muslim foreign residents. Nationality alone does not determine coverage.
An eligible person may seek application of their home country’s law for the matters specified in Article 1. The parties may also agree on other UAE family or personal status legislation, subject to the applicable conditions.
In Abu Dhabi, Article 3 of Local Law No. 14 of 2021, as amended, addresses its application. Article 17 bis addresses court jurisdiction, including connections through domicile, residence, or work in the emirate.
Those jurisdiction rules do not mean that the local law governs every family matter involving an Abu Dhabi resident.
Civil marriage requirements
Under Article 5 of Federal Decree-Law No. 41 of 2022, both parties must be at least 21 Gregorian years old. They must express consent before the authentication judge and sign the disclosure form. Other legal conditions also apply.
Under Article 4 of Abu Dhabi Law No. 14 of 2021, the minimum age is 18. Eligible visitors may also apply through that local system.
No-fault divorce and later financial claims
Article 7 of the federal law recognizes divorce by unilateral will. Either spouse may express a wish to separate without proving harm or justifying that wish.
Under Article 8, divorce takes effect through a court judgment after notification of the other spouse. The official record is discussed in the guide to obtaining a divorce certificate.
Ending the marriage and resolving financial claims are separate matters. Maintenance and other financial claims may follow the divorce judgment.
Article 9 of the Decree-Law and Cabinet Decision No. 122 of 2023 govern their assessment. An accounting expert’s report may be used where needed under Article 7 of that Decision.
For the court process, read about filing for divorce in the UAE.
Children and joint custody
Article 10 of Federal Decree-Law No. 41 of 2022 establishes joint and equal custody as the general rule after divorce. Under the federal system, joint custody continues until age 18, subject to court intervention in the child’s best interests.
The court may decide custody disputes or remove a parent from custody where the legal grounds apply. Abu Dhabi’s local system differs: Article 16(4) of Law No. 14 of 2021 provides a choice threshold at age 16.
Read more about custody after divorce and the importance of identifying the applicable family law.
Wills and inheritance
Under Articles 11 and 13 of the federal law, a covered person may register a will for all their UAE property. The beneficiary may be a person they choose, subject to legal requirements.
Where Article 11 governs and the deceased leaves a surviving spouse and children, half the estate goes to the spouse. The remainder is divided equally among the children, without distinguishing between sons and daughters.
Different rules apply where there are no children. Under Article 11(3), an heir of a foreign deceased person may seek the applicable estate law in the circumstances stated there. A registered will may provide otherwise.
