Law no. (10) of 1992 , and its amendments; • Civil Procedures Law issued by Federal Law no. (11) of 1992, and its amendments; • Federal Law no. (28) of 2005 concerning Personal Status, and its amendmen
Amends: Federal Law No. 11 of 1992 · Amends: Federal Law No. 28 of 2005 → Known relationships only — not a complete amendment history.
Abu Dhabi Official Gazette, 30 November 2021
Article 1 — Definitions ¶
In the implementation of the provisions of this law, the following words and
phrases shall have the meanings corresponding thereto unless the context
requires otherwise:
Emirate : The Emirate of Abu Dhabi.
Ruler : The Ruler of Abu Dhabi.
Department : The Judicial Department – Abu Dhabi.
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Chairman : The Chairman of the Judicial Department.
Law : The Personal Status Law for non-Muslim foreigners in
the Emirate of Abu Dhabi.
Court : The Department’s Personal Status Court for non-Muslim
foreigners.
Foreigner : Any male or female non-Muslim foreigner, having a
domicile, residence or place of work in the Emirate.
Civil Marriage : A perpetual marriage of a foreign non-Muslim man and
woman, according to the provisions of this Law.
Civil Marriage
Register
: The Register kept by the Department for the registration
of the Foreigners’ marriage contracts, including all
the foreigners’ marriage contracts concluded or
authenticated before the Department.
Divorce : Termination of the marriage contract by unilateral will of
a spouse without the need to prove any damage.
Joint Custody : The right of the parents to exercise their roles in raising
and caring for the children upon separation, on equal
and joint basis, and the children’s right of not being
deprived of any of their parents due to Divorce.
Will : The Foreigner’s disclosure of his desire to dispose of
his money or any part of it after his death in accordance
with the provisions of this law.
Form : The application form provided by the Department in two
languages to carry out the process.
Article 2 — Objectives of the Law ¶
This Law has the following objectives:
1. Provide a flexible and developed judicial mechanism for the settlement of
the personal status disputes of Foreigners.
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2. Enhance the status and competitiveness of the Emirate on the international
level as one of the most attractive destinations for human talents and
competencies.
3. Pioneering the Emirate through the issuance of the first civil law regulating
the family matters of Foreigners, according to international practices.
4. Guarantee the right of the Foreigner to be subject to an internationally
recognised law that takes into consideration the relevant approaches of
culture, language and customs.
5. Achieve and protect the best-interests of the children, particularly in case
of parental separation.
6. Reduce the disputes and quarrels resulting from the Divorce.
7. Maintain the role of the mother and the father in the post-Divorce phase.
Article 3 — Scope of Implementation of the Law ¶
Unless the Foreigner requests the application of the law of his country, the
Court shall apply this Law to Foreigners as regards to matters of marriage,
Divorce, inheritance, Wills and proof of lineage.
Chapter 1
Civil Marriage
Article 4 — Conditions for Concluding a Civil Marriage ¶
In order to conclude a Civil Marriage, the following conditions shall be met:
1. The spouses shall not be less than 18 years old. Their age shall be verified
by virtue of any official document issued by the state of their nationality.
2. Both spouses shall explicitly give their consent to the marriage before the
Authentication Judge, and there shouldn’t be any legal impediment that
prevents such consent.
3. Both spouses shall sign the Declaration Form.
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4. Marriage shall not be established between siblings, or with children,
grandchildren, or uncles.
5. Any other conditions determined in a resolution of the Chairman.
Article 5 — Procedures for Concluding a Civil Marriage ¶
1. The Foreigner may conclude a Civil Marriage before the authentication
judge at the Department, by submitting an application using the Form that
is prepared for this purpose, subject to other conditions and procedures
stipulated in this Law. The Foreigner shall be exempt from submitting the
medical examination certificate before marriage.
2. Marriage shall be concluded after both spouses fill in the Form prepared
for this purpose before the authentication judge. Both spouses may agree
on the conditions of the contract, which shall be enforceable before them
concerning the rights of both the husband and wife during the marriage
period as well as the post-Divorce rights.
3. The marriage contract Form shall include the spouses’ disclosure of the
existence of any previous marital relationship to either of them, while
indicating the date of the divorce, and acknowledging that there is no
existing marital relationship.
4. Pursuant to resolution of the Chairman or his delegate, the Form of the
Civil Marriage contract shall be issued in two languages.
5. Upon verifying that all the conditions for concluding a Civil Marriage are
met, and upon completion of the procedures stipulated in this Article,
the authentication judge shall ratify the marriage contract which shall be
registered in the Register that is set for this purpose.
Chapter 2
No-Fault Divorce
Article 6 — Unilateral Divorce ¶
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In order to effectuate Divorce, it is sufficient that one of the spouses expresses
before the Court his desire to separate and end the marital relationship,
without the need to justify this request, demonstrate any damage or blame
the other party.
Article 7 — Divorce Procedures ¶
1. Any spouse may file for Divorce without the need to demonstrate any
damage, using the Form that is prepared at the Court for this purpose.
Divorce shall be deemed effective by a judgment issued by the Court
upon notifying the other party.
2. Divorce shall take place in the first session upon registration of the lawsuit
before the Court, without the need to refer the case to family guidance.
3. Without prejudice to the provisions stipulated in the Civil Procedures Law,
the Chairman or his delegate shall issue a resolution on the regulation of
the registration and fees of the application stipulated in this Article.
Article 8 — Financial Claims Upon Divorce ¶
Upon issuance of the Divorce judgment, the wife may submit a request to the
Court requesting an alimony from her former husband. Any claims following
the Divorce shall be submitted to the Court on the Form that is prepared
for this purpose: “Form of Post-Divorce Claims”. In case of not reaching an
agreement regarding the conditions or controls of such alimony or any other
financial claim in the marriage contract, then the claim and its duration shall
be subject to the discretion of the Judge following the assessment of the
following factors:
1. Years of marriage, given that the amount of the alimony shall increase
with the number of years of marriage.
2. Age of the wife, given that the value of alimony decreases the younger the
age of the wife and vice-versa.
3. The economic status of each spouse, based on an accounting expert’s
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report prepared by an accredited expert at the Department. Such expert
shall be appointed by the Court for the assessment of the economic
status of each spouse.
4. The extent to which the husband contributes to the Divorce due to his
neglect or his mistakes or by committing any act that leads to Divorce.
5. Any spouse shall compensate the other for any material or moral damage
incurred thereby due to the Divorce.
6. The financial damages that affect any spouse due to a unilateral Divorce.
7. The father (former husband) shall bear the expenses and costs of the
mother’s custody of the children during Joint Custody, for a temporary
period that does not exceed two years in conformity with the findings of
the accounting expert’s report.
8. Whether or not the wife takes care of the children and the extent of such
care.
9. In all cases, the alimony shall no longer be paid to the former wife in case
she marries another man.
A new request may be submitted to amend the alimony every year or upon
any change in circumstances.
Chapter 3
Custody of Children
Article 9 — Joint Custody ¶
1. Custody of children is a joint and equal right for both parents after Divorce,
and it is the right of the children to be raised and seen by both parents
rather than by one of them exclusively, in order to maintain the mental
health of the concerned child and to limit the repercussions of Divorce
thereon.
2. The principle of custody is to share the responsibility of raising children
between the mother and the father after Divorce, unless one of them
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requests in writing before the Court to waive the right of custody, or in
case of submitting a request to the court to eliminate the other party from
Joint Custody and to drop their custody right for any reason that may be
accepted by the Court such as the legal incapacity or the risk of sharing
custody with such party or in case such custodian does not assume his
duties.
3. In case of dispute between the father and the mother regarding any of
the Joint Custody matters, then any of them shall have the right to object
before the Court using the Form prepared for this purpose or to request
the Court to intervene for the settlement of the dispute.
Article 10 — Disputes Resulting from Joint Custody ¶
The Court shall have the discretionary power to take the decision deemed
necessary for the interest of the child under custody, based on the request
of one of the parents after Divorce.
FChapter 4
Inheritance and Wills
Article 11 — Distribution of Inheritance ¶
1. The Foreign testator has the right to leave a Will to whomever they want,
for all the assets belonging thereto in the State.
2. In the absence of a Will, half of the inheritance goes to the husband or
wife and the other half shall be equally distributed among the children with
no difference between males and females. In case the deceased has no
children, then the inheritance shall equally devolve to the parents thereof,
or half of such inheritance shall be transferred to one of the parents
should the other parent do not exist, and the other half shall be granted
to the siblings. In the absence of the parents, then the inheritance shall
be equally distributed between the siblings without distinction between
males and females.
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3. As an exception to the provisions of Clause (2) of this Article, any of
the heirs of the Foreigner may request the implementation of the law
that must be applied to inheritance in accordance with the provisions
of the Civil Transactions Law, unless there is a registered Will stipulating
otherwise.
Article 12 — Procedures for Opening the File of Inheritance and its Distribution ¶
A guidance manual shall be issued pursuant to a resolution of the Chairman
or whoever is delegated by him concerning the procedures of inheritance for
non-Muslim Foreigners.
Article 13 — Registration of the Foreigners’ Wills ¶
1. The Wills of the Foreigners shall be registered in the Register that is set
for this purpose according to the procedures in force at the Department,
and the Chairman of the Department shall issue the resolutions and the
guidance manual required for the registration and execution of the Wills
of Foreigners.
2. The spouses may fill in the Form of registration of the Wills of non-Muslims
while signing the marriage contract, to specify the method of distribution
of the funds in case of death of any of them.
Chapter 5
Proof of Parentage
Article 14 — Proving the Child’s Paternity ¶
The child’s paternity shall be evidenced by marriage or by the acknowledgment
of the father and mother, and the Chairman of the Department shall issue a
resolution containing the conditions and procedures of issuance of the birth
certificate of the concerned child.
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Chapter 6
General Provisions
Article 15 — Exclusion of the Foreigners’ Personal Status Cases from Family Guidance ¶
The Divorce cases of the Foreigners shall be excluded from being considered
by family guidance committees, and shall be directly referred to the Court to
issue a judgment in their regard from the first session.
Article 16 — Equality of Rights and Obligations between Males and Females ¶
For the implementation of the provisions of this Law, equality between men
and women in the rights and obligations shall be taken into consideration,
this shall apply to the following matters:
1. Testimony; equality in testimony before the Court, as the testimony of a
female shall be taken into consideration before the Court same as the
testimony of a male Foreigner without discrimination.
2. Inheritance; equality between men and women in the distribution of the
inheritance according to the provisions of this Law, without regard to the
gender, religion or nationality of the heir.
3. Right to effectuate Divorce; both spouses may, equally, and unilaterally,
request to effectuate Divorce, without prejudice to their rights related to
Divorce.
4. Joint Custody; the parents shall have equal rights regarding the child
custody until he reaches the age of 16, after which the child shall have
the freedom to choose.
Article 17 — A Court Having Jurisdiction over Personal Status Cases for Non-Muslim ¶
Foreigners
1. A Court shall be established in the Emirate for the consideration of
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personal status cases of the non-Muslim Foreigners. Such Court shall
have jurisdiction over all cases related to the personal status matters of
non-Muslim Foreigners having domicile, place of residence or place of
work in the Emirate.
2. The Court stipulated in this Article shall be formed of a single judge; the
judge may be non-Muslim.
3. All the Forms and procedures of the Court shall be in two languages,
English and Arabic.
Article 18 — The laws and legislations in force in the State and the Emirate shall apply to ¶
the matters for which no special provisions are stipulated in this Law.
Article 19 — Issuance of Executive Resolutions and Regulations ¶
The Chairman shall issue the regulations and resolutions required for the
implementation of this Law.
Article 20 — Enforcement of the Law ¶
This Law shall be published in the Official Gazette, and shall be effective one
month after its publication.
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
Issued by us in Abu Dhabi
On: 7 November 2021
Corresponding to: 2 Rabi' Al-Akhar 1443 Hijri
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Crown Prince Chairman
of the Executive Council
Resolutions
Crown Prince Chairman of the
Executive Council Resolutions
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Unofficial text extracted from public documents; formatting and completeness are not guaranteed. Verify against the official source. In case of conflict, the Arabic text prevails. Not legal advice. Official source ↗