New law for non-Muslims to settle family disputes

In a significant step in the legislative map of Family Law in the UAE and the Gulf region, the Judicial Department of Abu Dhabi passed Law No. 14 of 2021 concerning personal status for non-Muslim foreigners last November as the first civil law concerning non-Muslim family matters.

Diana Hamade, Founder and Managing Partner at Diana Hamade Attorneys at Law, said " The addition of such a civil law can replace the process of applying a foreign law to non-Muslim expats cases, which are no doubt problematic for judges, counsels, and parties and not to mention expensive," said Hamade.

The new personal status law for non-Muslims foreigners, Hamade added, introduces international standards on the rights of divorced partners. This includes the monetary rights of a wife after separation being left to the discretion of a judge based on criteria such as the number of years of marriage, the age of the wife, the economic standing of each of the spouses.

The Family Guidance department is removed as a first step in the process, and the divorce can be granted at the first hearing. It also introduces the concept of joint custody, equality between men and women in giving evidence, and inheritance.