The UAE government has implemented the civil personal status laws to regulate the personal affairs of the large population of non-Muslim expatriates who have chosen to live in the country. These laws are rooted in the principles of common law and are pertinent to the family affairs of individuals. The civil status law comprises of the Federal Decree Law No. 41 of 2022 (“Federal Civil Personal Status Law”) applicable to non-Muslims in the UAE except in the emirate of Abu Dhabi and the Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”) applicable to non-Muslims in Abu Dhabi. The laws cover marriage, divorce, child custody, alimony and inheritance.
Marriage under the Federal Law:
Civil Marriages under the Federal Civil Personal Status Law falls under Article 5 and 6. Individuals may marry as per secular laws, regardless of religion and nationality. However, the law lays down certain conditions regarding civil marriages as listed below:
- The parties to marriage must be 21 years or more, as per official documents
- Parties must give free consent and sign a declaration.
- The parties must not be related by first or second degree. Thus, they must not be siblings, children, grandchildren or uncles.
- The parties must acknowledge whether they have other past or present marital relationships
- Other conditions may be imposed from time to time.
Marriage under the Abu Dhabi Law:
Abu Dhabi also allows marriage of non-Muslim expatriates under a civil contract as per secular rules, in accordance with Article 4 and 5 of the Abu Dhabi Civil Personal Status Law. The Abu Dhabi law also imposes conditions for a civil marriage, similar to the Federal Law. The key difference in the Abu Dhabi and the Federal Law is the marriageable age of the parties. The Abu Dhabi Law allows marriage at the age of 18 while the Federal law requires parties to be a minimum of 21 years old.
Can tourists marry in the UAE?
Civil marriages are possible in Abu Dhabi in cases of residents as well as tourists. Individuals looking to marry as per civil rules may do so by applying online, submitting the relevant documents, and paying the required fee.
How many days does it take to process a marriage application in Dubai and in Abu Dhabi?
In Abu Dhabi, the entire process takes approximately 15 days for confirmation. One may also choose the express service which can process a request within 1 (working) day. Dubai also enables couples to obtain a civil wedding license in just 24 hours.
Do Civil Marriages in Abu Dhabi require witnesses?
Witnesses are not mandatory for civil marriages. However, the parties may bring friends and relatives to witness the ceremony.
Divorce under Civil Law
Non-Muslim expatriates in the UAE can obtain divorce from their spouse under the civil laws, regardless of the place of marriage. Individuals can also request the application of the personal laws of the place of marriage in their divorce proceedings before the UAE courts.
The UAE Civil Laws allow for a no-fault divorce. Consequently, parties are not required to establish fault or harm by the other party to obtain a divorce. Divorce will be granted if either party wants to discontinue the marriage. Moreover, civil law does not require the parties to undergo mediation through the family guidance department.
Financial claims under civil Law
Civil laws allow women to claim alimony after a divorce. The alimony is determined based on several factors as listed below:
- The number of years of marriage
- The age of the wife
- The financial situation of the parties
- The extent of the husband’s contribution to the divorce
- Whether either party has caused physical or moral damages
- Whether either party has suffered financially due to the divorce
- The wife’s role as a mother
The civil status laws are of a huge benefit to the expatriate community that call UAE their home. Thanks to these laws, expatriates are no longer required to travel to their home countries to obtain a divorce as under Common Law or as per their personal laws. Instead, they can choose to settle family matters in the UAE and the procedures are sometimes simpler and more efficient than when carried out in their home countries.