Equal authorized rights for women and men, joint custody and the expedition of divorce procedures are a few of the adjustments introduced for non-Muslims in Abu Dhabi.
The brand new regulation was issued on Sunday by President Sheikh Khalifa.
The brand new household regulation is about to offer “a versatile and superior judicial mechanism for the dedication of private standing disputes for non-Muslims”, Abu Dhabi Judicial Division stated.
The transfer is designed to carry Abu Dhabi in keeping with worldwide practices and improve its place as a vacation spot for world expertise.
Underneath the brand new regulation, spouses have the proper to divorce with no need to show hurt was completed within the marriage.
Joint and equal custody of youngsters might be routinely granted to oldsters after divorce, with procedures in place to settle disputes.
Adjustments to inheritance legal guidelines for non-Muslims in Abu Dhabi imply that, ought to an individual die with out a will, half of their property will routinely go to their partner, with the opposite half going to their youngsters.
A specialised court docket devoted to non-Muslim household issues has additionally been launched.
All of the procedures of the court docket might be in Arabic and English to make sure foreigners perceive them and to enhance judicial transparency.
The brand new household regulation comes after a collection of adjustments had been launched in Abu Dhabi to modernise and overhaul the authorized system and protect the rights of non-Muslims, guaranteeing that their authorized issues don’t fall below Sharia.
The regulation consists of 20 articles divided into a number of chapters overlaying civil marriage, divorce, joint custody of youngsters and inheritance.
Yousef Al Abri, Undersecretary of the Abu Dhabi Judicial Division, stated the laws handled the smallest particulars concerning the household lives of non-Muslims and displays Abu Dhabi’s legislative management and the worldwide standing it has achieved, he stated.
Marriage
Non-Muslim {couples} in Abu Dhabi can now marry “primarily based on the need of each the husband and spouse”, which means consent from the spouse’s guardian is now not mandated.
Divorce
Spouses now not have to show one get together was at fault to use for divorce. Beforehand, hurt needed to be confirmed or the divorce wouldn’t be granted.
Both partner might now ask the court docket to finish the wedding with out inserting blame.
Divorce can now be granted on the first listening to with out the necessity to go to the household steering division.
Divorcing {couples} will even now not be required to undergo obligatory mediation classes.
Alimony and different subsequent requests might be submitted by way of a “post-divorce request kind”. Within the case of a dispute concerning monetary requests, a number of components might be taken under consideration, together with the size of the wedding, the age of the spouse and the monetary standing of every partner.
Alimony may be renegotiated an on annual foundation, and is routinely forfeited when the spouse remarries.
Joint custody
Custody of any youngsters might be a joint and equal proper between dad and mom to “protect the psychological well being of the kid and scale back the results of the divorce on the kid”.
Within the occasion of a dispute over custody, the court docket may be requested to intervene and decide on the matter. The first consideration will at all times be the perfect pursuits of the kid.
Beforehand, a mom was solely given custody of her son till he reached the age of 11, and her daughter till she turned 13. The daddy may declare custody as soon as the kid reached these ages.
Inheritance
The brand new regulation ensures the proper of a foreigner to attract up a will giving their property to whoever they want.
Within the absence of a will, half of an individual’s property will now go to the surviving partner. The opposite half might be distributed between the deceased’s youngsters equally.
Beforehand, a son would receive a bigger share of the inheritance.
If the deceased has no youngsters, the inheritance will go to their dad and mom, or it might be cut up equally between one surviving father or mother and the deceased’s siblings.
Wills for non-Muslims must be registered throughout the signing of their marriage certificates.
Proof of Paternity
The brand new regulation states that proof of paternity for non-Muslims might be primarily based on marriage or the popularity of paternity.
Modernisation of UAE regulation
In November final yr, the UAE authorities launched into one of many greatest overhauls of the authorized system in years, with adjustments made to household regulation and different areas affecting folks’s each day lives.
The most recent adjustments come after a number of amendments to UAE legal guidelines had been introduced as a part of the Initiatives of the 50, a set of bold initiatives that may enhance financial development and set the nation on a progressive course for the subsequent 50 years.
The UAE continues to adapt and alter to accommodate its residents and maintain tempo with worldwide practices.
Current bulletins have highlighted adjustments to visas, working laws and the funding of billions to spice up the economic system and assist small companies.
Up to date: November seventh 2021, 9:43 AM
