The importance of Family Law in UAE

The family law is the cornerstone in regulating familial matters like marriage, divorce, child custody, guardianship, inheritance, alimony, and other issues. Historically, federal laws drawn from the UAE’s personal status law primarily governed the family law in the UAE. The Federal Law No. 28 of 2005 on Personal Status sets the guidelines for family matters.

The driving force of the family laws in the UAE was the local standards and the Islamic Sharia principles.  Over time, the UAE has evolved. There has been a modernization that has resulted in changes. With a high influx of extricates from around the world, the reforms were bought to accommodate them into the UAE society. The legal system of the UAE has been transformed from orthodox towards a more liberal approach.

The law addresses not only the needs of Emiratis but also caters to expatriates. The year 2021 and 2022 were the turning point when new family law provisions were introduced. This has provided a greater level of clarity to the family matters. Besides, it also leads to fairness and more freedom of choice for non-Muslim residents in the UAE. The significant changes have revamped the legal structure of the UAE. The new procedures, provisions, and protection were previously not available. New family law is a great contribution by UAE government for both Muslims and non-Muslims. If the professional assistance is needed then you must contact the professional lawyers and legal consultants. Dubai-based law firms are very popular for offering quality legal counselling and litigation services.

Evolution of the Family Laws in UAE:

The key changes were introduced with the New Family Law. This was a progressive step towards a more modern and advanced system. An older Personal status law was replaced with new family laws in the UAE, considering the UAE vision. The UAE envision itself to become a modern, tolerant, and inclusive society that protects family values. The major change is regarding the recognition of civil marriages for non-Muslims. This has allowed couples from various faiths and nationalities to marry under the secular legal system.

No-Fault Divorce For Non-Muslims:  

Furthermore, another key change is regarding the no-fault divorce for non-Muslims. According to the previous family law, the divorce required proof. The proof must be given regarding the harm, damage, misconduct, or fault of the spouse. Now, any of the spouses can file for divorce at any point in time without giving any reasoning.

There is no need to prove the wrongdoing of the other spouse. This has expedited the process of divorce. It also reduces emotional trauma and damage to a person. In addition, the new family law in the UAE has introduced the concept of equal rights for parents in cases like child custody and guardianship after divorce is finalized. This is a switch from the older system. In the older system, the mothers are favored as compared to fathers for younger children. The new family law focuses on primarily on the best interests and welfare of the child above everything and anything.

Procedure of Marriage and the recent Change:

Muslim couples marry under the Sharia-based principles. There is a requirement of WALI for the bride and the need of the presence of the witnesses. The non-Muslim in the UAE were forced to marry in their home country or via an embassy in the UAE. According to the old family law, marriage was a tough call. There was a lack of local laws for non-Muslims for civil marriage. With the introduction of the new law, non-Muslims in the UAE can easily register for civil marriage. It is done through the civil courts in the country. The procedure is simple and also allows more transparency. There is no need for religious procedures or witnesses. The non-Muslim couples can enjoy the legal recognition according to their local laws within the UAE. This has simplified the marriage procedure, residency, inheritance, and other related issues.

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Modernized Process: Divorce and Separation:

According to the old family law, divorce was a lengthy and emotionally taxing process. The Muslims adhere to the Islamic laws. The concept of talaq, also named repudiation or court-based separation, was the basis for divorce among Muslim couples in the UAE. Consequently, the non-Muslims faced a lot of uncertainty when the law was applied.  The new family law simplified the procedure by permitting the concept of no-fault divorce for non-Muslims. Any of the spouses can request a divorce. There is no need to provide proof of harm, fault, abuse, or anything else. The UAE courts can dissolve the marriage more quickly.

The shift will reduce the dispute or disagreement resulting from divorce. Moreover, it also protects the dignity and respect of both parties during divorce proceedings. On the other hand, for Muslim couples, the traditional Sharia-based divorce rules are available. UAE Muslim expatriates can request the application of their home country law or the UAE law. The choice is available for them.

Child Custody and Guardianship

One of the notable reforms was brought to child custody. According to the old UAE family law, the mothers were usually granted child custody while the fathers retained the rights of guardianship and financial support. The mother was favored in the custody case as compared to fathers during the minor’s age. The mother is responsible for the day-to-day care and support of the minor and young child.

On the flip side, the father is mainly responsible for financial support, along with a key role in decision making for the child.  Young children prefer their father over their father. As per the New UAE family law, there is a focus on the concept of shared responsibility. The emphasis is also on securing the best interests and welfare of the child.

According to the new family law, the mother and father have equal rights in custody and guardianship. No one is given priority over the other. UAE courts may evaluate the arrangements after intervals to decide on the custodial arrangements. The modern approach aligns with the international family laws and standards.