The federal decree law on personal status took effect on February 1, 2023. Under the new law, a number of procedures are regulated, including those for marriage, divorce, inheritance and child custody. Under the new law, foreign nationals can enter a civil marriage if they meet certain criteria. It changes divorce procedures in the country and sets out how contracts should be formalized - whether one or both parties initiate it. Furthermore, inheritance, wills, and paternity proof are regulated by the new family law.

Throughout this article, we will cover every aspect in detail. In order to get an understanding of what civil marriage is, let's first define what it is and what the criteria are. 

What is Civil marriage in UAE

Marriage carried out and recognized by the government or public authorities rather than religious institutions is called a civil marriage. Couples in a civil marriage are legally bound by the laws of their state, and their union is recognized as a legal contract. Civil marriages are generally conducted by a judge, justice of the peace, or other authorized government officials.

Under the new law, who can get married? 

According to the new law, UAE residents, tourists, and visitors can get married, provided that the applicants must be non-Muslims, or citizens of a non-Muslim country, in order to get married under the new law.

Legal Requirements for a Civil Marriage

For a civil marriage, the following requirements must be met:

1. Both parties must be over the age of 18. 

2. Both parties should freely agree to this. 

3. A declaration form should be signed by both parties acknowledging that they are not married to anyone else at that time.

Documents Required for Civil Marriage in UAE

Here are the documents you need to submit:

1. Completed and signed marriage application form. 

2. A copy of each party's passport or Emirates ID

3. Proof that neither party is married (for both parties)

4. A marriage contract (optional).

During the marriage period and after the divorce, the spouses must agree on the contract's terms, including rights and obligations. 

How to Apply for Civil Marriage in the UAE

Apply Online: Access the Interactive Case Registration service (ICR) of the Abu Dhabi Judicial Department website. 

Apply Offline: By visiting the Family Court building in Zayed Sports City Abu Dhabi. 

Divorce Process in UAE Accoding to the New Law

In order to file for divorce, one spouse must inform the court that he/she wishes to end the marriage without justifying, explaining, or blaming the other spouse. It is not necessary to prove that harm was caused during the marriage in order to request separation.

A marriage contract must include both partners' rights and obligations during and after divorce, according to the new law. 

Divorce Process

Divorce takes place through a court judgment at the first hearing, and a divorced woman may apply for alimony from her ex-husband separately. The judge decides whether to accept the alimony request and the conditions attached based on factors such as the length of the marriage, each spouse's age, financial status, and his contribution to the divorce.

Moreover, the law takes into account the mother's custody expenses as well as the wife's diligence in caring for the children. The wife's alimony can, however, be disallowed if she marries again or loses custody of the children.

Divorce Requirements in the UAE

As part of the UAE's divorce laws, there are three requirements for getting divorced: 

1. An individual must be 21 years of age or older.

2. Consent must be obtained from both spouses, either in writing or verbally.

3. And disclose any prior marital relationships.  

Child Custody Process in UAE Accoding to the New Law

When it comes to child custody, both parents share responsibility equally unless one seeks to exclude the other based on the child's best interests. 

The purpose is to minimize the impact of divorce on the child's psychological well-being. Either party can apply to the court for custody unless they waive their right to custody. However, they can request custody to be given to the parent with a better capacity to serve the child's best interests.

When parents disagree, either can seek the court's intervention in order to resolve their disagreement. Children's best interests should be taken into consideration when decisions are made by the court.

Conclusion 

All non-Muslims in the country will be subject to the law. As a result of the move, the UAE government hopes to increase the country's attractiveness as a destination for talent worldwide.

According to a government statement, it arranges for settlement of financial claims after divorce and joint custody arrangements. 

A non-Muslim foreigner residing in the country is subject to the provisions of the decree-law unless he adheres to the laws of his country.

Additionally, non-Muslim foreigners may agree to implement another family or personal status law in the UAE instead of this decree-law.

A number of changes were announced last year pertaining to equal rights for men and women.

In accordance with legal reforms, a dedicated family court has been established for non-Muslims.

All cases related to marriage, custody, divorce, paternity, inheritance, and personal status are heard by the court.