The new Federal Decree No. 41 of 2022 offers flexibility to non- Muslim national citizens in the UAE and to non- Muslim foreigners, to choose to be governed by the law of their own country or by the provisions of this decree. The Federal Decree regulates family matters procedures including civil marriage, divorce, custody, inheritance ie wills, and testimonies.
Civil Marriages must satisfy the following requirements under the law:
1-Each spouse must be at least 21 years old (based on Gregorian Calendar);
2-The marriage shall not take place between brothers, sons, grandchildren, uncles or aunts, and any other cases specified by the Executive Regulations;
3-Each spouse must explicitly express their consent to marriage before the Authentication Judge, and that there is nothing that legally discredit their consent;
4-Each spouse must sign the disclosure form declaring that they have no other existing marriages;
5-Any other conditions specified by the Executive Regulations of this Decree-Law.
-Equal Legal Status for Men & Women:
•Under the provision of this decree, women’s testimonies are given the same probative value to that of men.
•In matters of Inheritance, amounts will be distributed equally between men and women.
•Divorce can be initiated by the husband or wife unilaterally in Court without having to justify the request.
To view the full text in Arabic & English, please visit the document.