In the UAE, non-Muslim individuals have the option to apply the provisions of Federal Decree Law No. 41 of 2022 on Civil Personal Status, known as the UAE Personal Status Law for Non-Muslims, in matters related to personal issues, including marriage, divorce, inheritance, wills, and proof of parentage. Non-Muslims residing in the UAE can also choose to apply the personal laws of their home country before a personal status court in the UAE. This allows individuals to seek legal recourse based on their home country’s laws.
According to Article 4 of the UAE Personal Status Law for Non-Muslims, men and women have equal rights and obligations concerning witnesses, inheritance, the right to request divorce, and joint custody of children. Both parents are entitled to joint custody of their child/children once a divorce is granted by a personal status court. The law emphasizes equality between men and women in terms of rights and responsibilities, especially regarding joint custody, where both parents have an equal right to assume custody until the child reaches the age of 18.
In cases of divorce, a woman may seek alimony, maintenance, and custody of her child/children. The court will consider various factors when determining the amount of alimony and maintenance to be paid by the ex-husband, such as the duration of the marriage, the wife’s age, financial stability of both parties, reasons for divorce, and any financial losses incurred. The father is responsible for paying expenses related to the custody of the child/children to the mother during joint custody, as outlined in the law.
Furthermore, a wife’s maintenance may be terminated if she remarries or if the custody of children ends for a valid reason. A wife also has the right to request a revision of the maintenance amount based on changing circumstances. Additionally, a non-Muslim individual has the option to apply the personal laws of their home country instead of the UAE Personal Status Law for Non-Muslims for matters related to divorce, maintenance, and custody/maintenance of children. It is essential to consider which set of laws would be more beneficial in each specific case.
Overall, non-Muslim individuals in the UAE have legal options available to them regarding divorce, alimony, child support, and custody issues. Whether choosing to follow the provisions of the UAE Personal Status Law for Non-Muslims or the personal laws of their home country, individuals should seek legal advice to determine the best course of action based on their specific circumstances. It is advisable to consult with legal experts who can provide guidance and assistance in navigating the complexities of family law in the UAE.
