By Jeremy D. Morley
Abu Dhabi’s non-Muslim Personal Status Law (Abu Dhabi Law No 14/2021) allows non-Muslims to obtain a divorce in the Emirate by means of a civil procedure in a new court, the Abu Dhabi Civil Family Court, under a secular law that is separate from that which applies to UAE Muslim families.
Abu Dhabi Executive Regulation No 8 of 2022 provides the regulations pursuant to which the non-Muslim Personal Status Law applies.
By Jeremy D. Morley
Abu Dhabi’s non-Muslim Personal Status Law (Abu Dhabi Law No 14/2021) allows non-Muslims to obtain a divorce in the Emirate by means of a civil procedure in a new court, the Abu Dhabi Civil Family Court, under a secular law that is separate from that which applies to UAE Muslim families.
Abu Dhabi Executive Regulation No 8 of 2022 provides the regulations pursuant to which the non-Muslim Personal Status Law applies.
The Civil Family Court has jurisdiction as to civil family matters that concern:
If the Civil Family Court has jurisdiction, either spouse may secure a divorce on a no-fault basis. The first hearing is scheduled at least 30 days from the date of filing the application, and a divorce may then be granted forthwith.
Article 16 of Regulation 8 provides that,
“At the discretion of the court, the judge may compel either spouse to pay a lump sum to compensate the other party after the divorce has occurred, taking into account the following calculation criteria:
Once a divorce is granted, the Court may award temporary support to the wife.
The Court may also issue a final support (maintenance) order in favor of a wife, after evaluating the same factors that should be evaluated when considering a lump-sum award.
Unless the court orders otherwise, the father is obligated to pay housing support in kind or cash to his ex-wife for the duration of the joint custody of the children. It should include basic utility bills such as electricity, water, internet, gas, and air conditioning. The new dwelling should be commensurate with the standard of living that the children were accustomed to before the divorce. The court should also consider the distance of the new dwelling from their old dwelling. The court may exempt the father, in whole or in part, from paying the housing support if the divorced mother has financial solvency that allows her to rent or own suitable housing that meets the needs of the children. The assessment of financial solvency is subject to the discretion of the judge, with reference to the report of accounting expert.
The court may assign the task of evaluating the financial status of the spouses to an English-proficient accounting expert to assess the total financial value to which the wife or husband is entitled after the divorce.
The court and the expert may be guided by the following criteria for estimating and calculating the financial value due after divorce: –
The court has the discretion to decide this amount according to the circumstances of the divorce. It may also increase or decrease this amount and estimate the method of calculating it, paying it, and paying it in instalments according to the results of the accounting expert report on the assessment of the financial situation of the spouses in a way that ensures a decent living for the divorced woman and children without incurring financial costs beyond the father’s financial capabilities.
Custody of children is joint unless the parties agree otherwise, until they are 16 years old, but the court may order otherwise.
If the parents do not agree on how to divide the joint custody between them, the court shall determine whether it shall be divided on a weekly, bi-monthly or monthly basis, or in any other way that takes into account the best interests of the child.
Either parent may request the removal of the other party from joint custody, whether legal custody or physical custody or both. After a hearing, the court shall initially decide what it deems necessary and essential in the interest of the child, whether by temporarily suspending joint custody pending a decision on the case, or by assigning a social expert to evaluate the matter.
The court shall order that a parent shall forfeit custody, whether temporarily or permanently, if any of the following cases are established:
harm the child or expose the child to danger or neglect.
Upon cancelling joint custody, the court has the discretion to apply what it deems appropriate from the rules of justice and fairness or the best international practices of comparative legal systems with regard to custody and visitation with the best interests of the child taking precedence. The court shall expeditiously decide on the request for intervention to settle the disputed joint custody matter and shall take what it deems appropriate in the best interests of the child, taking into account the stability of the child’s academic and sports life after the separation of the parents and not changing the child’s as lifestyle as much as possible as a result of divorce.
In the case of joint custody, none of the parents may travel with the child outside the country by a unilateral decision without the written consent of the other party, or a court order authorizing the travel.
Either parent may submit a request to the judge to compel the party applying for travel to provide sufficient guarantees for the child’s return to the country again according to the specified date, and the request is subject to the judge’s discretion.
Either parent may submit a petition to the court to ban the child from traveling for a temporary period by setting forth specific objections to such travel of the child and an explanation of any danger that requires banning the child from traveling. The application is subject to the discretion of the court.
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