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The UAE Cyber Security Council has issued a list of five critical signs that may indicate a child is being targeted by cyberbullying. This initiative aims to raise awareness and equip parents with the tools to recognize and address online threats effectively.
Encourage Open Communication: Talk openly with children and reassure them that it’s safe to share their concerns.
Monitor Device Usage: Gently ask if anything online is troubling them and remind them they have support.
Build Confidence: Reinforce their self-worth by emphasizing that negative online behavior does not define them.
The Council has launched a comprehensive awareness campaign on combating cyberbullying, encouraging parents and children to adopt the "Stop, Block, Report" strategy. Victims are advised to immediately halt interactions with bullies, block them on all platforms, and report the incidents to relevant authorities.
This proactive approach by the Cyber Security Council aligns with the UAE's broader commitment to safeguarding children from online risks and fostering a safer digital environment.
Parents in the UAE must mutually agree before one parent can take a child abroad, particularly during custody disputes. Without both parents' consent, such actions may be considered parental abduction, leading to severe legal consequences, including criminal charges and potential loss of custody rights.
In a notable case, a father in Dubai sought the return of his two children who were taken to Canada under the pretext of a family visit. The situation escalated when the mother revealed her intent to keep the children in Canada permanently. The father pursued legal action, leading to a court ruling in Canada that ordered the children's return to Dubai, where custody issues could be resolved under local jurisdiction.
Legal experts stress the importance of establishing the child's habitual residence, which determines the jurisdiction for custody disputes. Courts also prioritize the child’s emotional, psychological, and physical well-being, considering the potential impacts of relocation and separation.
Parents facing similar situations are advised to document concerns related to the child's safety and well-being comprehensively. In cases where children are taken abroad without consent, legal recourse includes reporting the incident to local authorities, filing urgent court applications, and working with relevant government agencies to address international custody disputes.
The UAE’s family law system is evolving, with reforms aimed at accommodating expats and aligning with international standards. Modern laws, such as Abu Dhabi’s Personal Status Law for non-Muslims, allow for joint custody and focus on the child’s best interests, providing a more adaptable framework for families navigating complex custody issues.
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The UAE has introduced a new domestic violence law aimed at providing stronger protection for victims while imposing stricter penalties on offenders. Federal Decree-Law No. 13 of 2024, which came into effect on September 10, introduces a comprehensive legal framework targeting various forms of abuse—physical, psychological, sexual, and financial.
Under the new law, individuals convicted of domestic violence face imprisonment and/or fines of up to Dh50,000. Additionally, those who fail to report cases of abuse may be fined between Dh5,000 and Dh10,000, and filing false reports carries the same penalty. Stricter penalties apply if the victim belongs to a vulnerable group, such as parents of the offender, the elderly, pregnant women, children, individuals with disabilities, or incapacitated persons. Repeat offenses within a year will also lead to aggravated penalties.
Protection for Vulnerable Groups
The law expands protections for vulnerable individuals and categorizes them as requiring heightened safety measures. Nikhat Sardar Khan, head of corporate and DIFC litigation at Hilal & Associates, noted that the previous law (Federal Decree-Law No. 10 of 2019) did not fully address the complexities of domestic violence. The new decree aims to fill those gaps, offering more robust legal, emotional, and physical support for victims.
Protection Orders and Support Measures
The law allows courts to issue protection orders, valid for up to 30 days, with the possibility of extending them twice for additional 30-day periods. Protection orders may prohibit the offender from contacting the victim, approaching their residence or workplace, or harming their property. Victims may also be placed in shelters or with relatives, and perpetrators may be ordered to provide financial support, including medical expenses. Additionally, offenders could be required to attend rehabilitation and counseling.
Any violation of a protection order carries a fine between Dh5,000 and Dh10,000, with more severe penalties if the violation involves violence. In such cases, offenders face a minimum of six months' imprisonment or a fine ranging from Dh10,000 to Dh100,000.
Mandatory Reporting and Confidentiality
The law mandates that anyone aware of domestic violence, including family members, healthcare providers, educators, and community members, must report it. Those reporting incidents can remain anonymous unless judicial proceedings require disclosure. Cases of physical or sexual violence must be reported directly to the police for further legal action.
Authorities handling domestic violence cases must collect statements from all involved parties in a confidential and supportive environment and document the incidents in writing, audio, or visual formats. The law also ensures that victims are referred to healthcare facilities when necessary, and a comprehensive report is submitted to the Public Prosecution for criminal proceedings or reconciliation.
Comparison to the Previous Law
The 2024 law represents a significant advancement in the UAE’s approach to domestic violence. Compared to the previous law, it includes more severe penalties, expands protections for vulnerable groups, and introduces clearer procedures for issuing protective orders. Rehabilitation for offenders is now compulsory, and specialized judicial circuits will handle domestic violence cases more quickly and efficiently.
Furthermore, the new law expands the definition of domestic violence to cover not only physical and psychological abuse but also sexual and financial exploitation. It also mandates the creation of an electronic register for recording domestic violence cases, improving data sharing among authorities for better enforcement.
In summary, Federal Decree-Law No. 13 of 2024 strengthens the legal framework for addressing domestic violence by introducing harsher penalties, providing comprehensive protections for victims, and addressing gaps in previous legislation.
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A Will and Testament is a legal document that outlines an individual’s wishes regarding the distribution of their property and assets after death. It also appoints an executor, to manage and oversee the estate until all assets are distributed according to the terms of the Will.
An absence of a Will may cause several issues to arise in the death of an expat in the UAE, including the freezing of bank accounts which will prevent access to family members of the deceased, cancellation of visa and residency of the family members of the deceased, issues relating to the custody of children, and a division of assets which may not reflect the true intentions of the testator.
Therefore, UAE Wills can be notarized and registered either with the Dubai Courts or the Dubai International Financial Centre (DIFC) Wills & Probate Registry (WPR). The key distinction between these two institutions lies in their jurisdiction and legal framework.
The choice between these two options depends on the individual’s assets and their preferred legal framework for handling inheritance.
Dubai Courts
As the central hub of the UAE’s onshore legal system, Dubai Courts operate under Shari’ah law, which guides most legal proceedings, including inheritance matters. Wills registered with the Dubai Courts have broad applicability and are recognized across all emirates, ensuring the Will's enforcement throughout the UAE.
Wills registered with the Dubai Courts are an ideal choice for individuals residing in Dubai, with coverage of assets exclusive to the UAE. By choosing to register a Will with the Dubai Courts, individuals can secure comprehensive legal coverage, ensuring that their wishes are upheld after their passing.
The current estimated fee for the attestation of Will from Dubai Courts will be AED 2,200, making it an economical and convenient option.
Dubai International Financial Centre (DIFC) Wills & Probate Registry.
The DIFC, recognized as an independent legal jurisdiction within Dubai, operates under a common law framework rather than Shari’ah law. This allows the DIFC to apply international legal principles, offering greater flexibility and alignment with Western-style legal systems. The DIFC WPR caters specifically to the needs of non-Muslim expatriates who wish to ensure that their assets are distributed according to their own wishes, without being bound by Shari’ah-based inheritance laws.
DIFC Wills have coverage of movable and immovable properties within and outside of the UAE, however, foreign assets may be subject to their own set of laws and regulations as per the jurisdiction.
The registration fees for DIFC Wills at the Dubai International Financial Centre Wills & Probate Registry (WPR) are as follows:
Single DIFC Will: AED 10,000
Set of Mirror DIFC Wills (for a married couple): AED 15,000
DIFC Guardianship Will: AED 5,000
Set of Mirror DIFC Guardianship Wills (for a married couple): AED 7,500
These fees apply to the registration of Wills before a registry officer at the DIFC WPR.
The Choice
When deciding between the Dubai Courts and the DIFC WPR for Will registration, several key factors should be taken into account:
Scope of Assets: If your assets are distributed across multiple jurisdictions, the DIFC is a reliable platform, which provides coverage for properties located within and outside of the UAE.
Religious Background: Your religious beliefs may influence your choice. Non-Muslims often prefer the DIFC due to its alignment with common law principles, allowing for more flexibility in asset distribution.
Legal Certainty: The DIFC offers a higher degree of predictability for non-Muslim expatriates who wish to completely avoid Shari’ah-based asset division. In contrast, the Dubai Courts may enforce Shari’ah laws, regardless of individual preferences, which could lead to unintended distributions of assets.
It is to be noted that the drafting of the Will, either in accordance with Dubai Courts or the DIFC WPR Rules, requires legal expertise, which may incur additional costs, depending upon the jurisdiction chosen and the type of Will.
It is crucial to have a Will which determines the future of your properties, and whether the benefit reaches the intended parties. The stress and complications arising from an absence of a comprehensive Will can severely impact the lives of your loved ones.
With options between the Dubai Courts and DIFC, making an informed choice allows your financial advisor to tailor a legacy strategy that fits your needs; your Will may also be amended as your circumstances change.
Ultimately, selecting the most suitable institution for registering your Will in the UAE requires careful consideration of your specific circumstances, including the legal framework and geographical implications of each option. Taking the time to evaluate these factors can help ensure that your assets are distributed according to your wishes and that your loved ones are protected.
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Sharjah has recently announced a significant step towards regulating family businesses, a move aimed at fostering stability, improving governance, and ensuring the smooth transfer of assets across generations. The initiative comes as family-run enterprises play a critical role in Sharjah’s economy, and the regulation is expected to address key challenges these businesses face, including succession planning, governance structures, and dispute resolution.
Family businesses in the UAE, and Sharjah in particular, contribute substantially to the overall economy, employing a significant portion of the workforce and representing a large share of private sector activity. However, such businesses often encounter difficulties related to leadership transitions, differing visions between family members, and unclear ownership structures, leading to internal conflicts that can impact their long-term sustainability.
A Strategic Approach to Sustainable Growth
The decision to regulate family businesses aligns with Sharjah’s broader goal of fostering economic resilience and ensuring the longevity of family enterprises. Authorities in Sharjah aim to create a legal framework that will help family-owned businesses establish transparent governance practices, thus reducing the likelihood of disputes among family members. The regulation will focus on formalizing decision-making processes, clarifying roles and responsibilities, and setting guidelines for conflict resolution, which are crucial for preventing business disruption due to internal disagreements.
One key aspect of the regulation will address succession planning. Family businesses often struggle with leadership transitions from one generation to the next, leading to potential power struggles or inefficiencies. By providing a clear legal framework for transferring ownership and leadership, Sharjah aims to ensure smoother transitions and continuity in management. This initiative will help preserve family businesses’ contributions to the economy while protecting the interests of both current and future generations.
Resolving Disputes Efficiently
In addition to governance and succession planning, the regulation will introduce mechanisms to resolve disputes in a more structured manner. Family businesses often face conflicts due to differing opinions on strategic direction, financial management, or asset division. These disputes, if left unresolved, can lead to fragmentation or even dissolution of the business.
Sharjah’s regulatory framework will facilitate mediation and arbitration services tailored specifically for family businesses, allowing for more amicable resolutions without resorting to lengthy court battles. This proactive approach aims to mitigate conflicts early on, helping businesses focus on growth rather than internal struggles.
Economic Impact and Long-Term Vision
Sharjah’s decision to regulate family businesses reflects its recognition of the sector’s importance to the economy. With family businesses contributing to various industries, including retail, real estate, and manufacturing, the new framework is expected to foster stability and growth across multiple sectors.
By safeguarding these enterprises from internal disputes and fostering better governance, Sharjah hopes to enhance the long-term sustainability of family businesses, ensuring they continue to thrive for generations. The regulation also signals to investors and stakeholders that the emirate is committed to creating a business-friendly environment that encourages growth, innovation, and economic resilience.
Conclusion
Sharjah’s announcement to regulate family businesses marks a pivotal step in supporting one of the most vital sectors of its economy. By addressing key challenges such as succession planning, governance, and dispute resolution, the emirate aims to create a more stable and sustainable business environment. This forward-thinking approach not only benefits family-owned enterprises but also reinforces Sharjah’s commitment to fostering economic growth and resilience in the UAE.
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If you're contemplating divorce in the UAE and need to address living arrangements and financial responsibilities before finalizing the process, it's essential to understand the legal framework and options available to you.
Creating a Legal Agreement
Before initiating divorce proceedings, you and your spouse can draft a legal agreement outlining how to manage shared expenses and living arrangements. This contract can include details on how you will handle rent, utilities, and other costs associated with your current residence.
According to UAE law, specifically Article 129 of Federal Law No. (5) of 1985 (Concerning the Issuance of the Civil Transactions Law), for a contract to be valid, it must meet certain criteria:
Mutual agreement on essential elements.
A clear and permissible subject matter.
A lawful purpose for the obligations outlined.
Additionally, Article 126 of the UAE Civil Transactions Law provides that a contract may pertain to various subjects, including property and services, as long as they are not prohibited by law or public morals.
Drafting the Agreement
In drafting this agreement, both parties should agree on the terms concerning future expenses and responsibilities. This contract will be crucial in clarifying each party's financial obligations and arrangements after the divorce.
Filing for Divorce
Once you and your spouse have agreed on the terms and signed the agreement, you can proceed with filing for a mutual consent divorce at the Personal Status Court with competent jurisdiction in the UAE. During the divorce process, you may submit this settlement agreement to the court for review.
The Personal Status Court will evaluate the agreement as part of the divorce proceedings, ensuring it aligns with the requirements set out in Federal Law No. 28 of 2005 on Personal Status. This step helps in formalizing your financial and living arrangements as part of the divorce settlement.
By taking these steps, you can effectively manage the division of living expenses and ensure a smoother transition during the divorce process.
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The Karnataka High Court recently expressed strong disapproval of a woman's request for over ₹6 lakh per month in maintenance from her estranged husband, stating that if she wishes to spend that much, she should support herself financially.
During the hearing, Justice Lalitha Kanneganti advised the woman against "exploiting the judicial process" and noted that this case would serve as a "clear warning to all litigants" who attempt to misuse the law.
"She wants ₹6,16,300 per month for expenses? Will she be awarded maintenance based solely on her husband's income? If her husband earns ₹10 crore, should the Court grant her ₹5 crore in maintenance?
Is it reasonable for her to have such expenses just for herself? If she wants to spend that much, she should earn it herself," the judge remarked during the hearing.
The Court was reviewing a petition filed by the woman seeking an increase in the maintenance amount previously set by a lower court.
While the family court had awarded her ₹50,000 per month in maintenance, the woman appealed to the High Court, arguing that her monthly expenses exceeded ₹6 lakh and requested an increase to at least ₹5 lakh per month.
Her attorney, Akarsh Kanade, argued that the petitioner required nutritious food, leading to a monthly expense of ₹40,000 for dining out.
He also pointed out that while the woman's estranged husband wore "branded clothes" costing ₹10,000 each, she had to wear old clothes and needed ₹50,000 for clothing, accessories, and an additional ₹60,000 for cosmetics and medical expenses.
Justice Kanneganti responded that the Court was not a marketplace for negotiations.
"This is not a venue for bargaining. You should accurately present your client’s actual expenses.
We are giving you one last chance to be reasonable; otherwise, the case will be dismissed," the judge warned.
The Court also observed that the woman had not provided any details about child-rearing costs, noting that the claimed ₹6,16,300 was only for her personal expenses.
Additionally, it was noted that the respondent's counsel, Adinatha Narde, claimed the woman had ₹63 lakh in shares according to her bank statement. The petitioner’s counsel denied this, stating that the maintenance claim was based on anticipated, not actual, expenses.
The Court reminded the lawyer that claims must be based on actual expenses, not projections.
"Given the nature of the claimed expenses, which seem solely personal and not including other liabilities or child care, the Court cannot accept this as a reasonable monthly expenditure.
As a final opportunity, the petitioner must file an affidavit detailing her actual required expenses," the Court stated. The case is scheduled for further hearing on September 9.
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Losing a spouse is one of life's most challenging experiences. Amidst the emotional turmoil, there are practical matters to address, such as transferring property owned by the deceased spouse.
This process can be complex, but with the right knowledge and guidance, it can be navigated smoothly. In this guide, we'll walk you through the steps involved in transferring property after the death of a spouse, covering everything from understanding ownership types to the legal procedures involved.
Understanding Ownership Types
Before delving into the transfer process, it's crucial to understand the different types of property ownership. Married couples typically hold property in one of the following ways:
Joint Tenancy with Right of Survivorship (JTWROS): In JTWROS, each spouse has an equal ownership interest in the property. If one spouse passes away, the surviving spouse automatically inherits the deceased spouse's share.
Tenancy by the Entirety: This form of ownership is only available to married couples and offers similar benefits to JTWROS. It provides for the automatic transfer of the deceased spouse's share to the surviving spouse.
Community Property: In states that recognise community property laws, property acquired during the marriage is considered jointly owned by both spouses. Upon the death of one spouse, their share typically passes to the surviving spouse.
Separate Property: Property acquired by one spouse before marriage or through inheritance or gift during marriage is considered separate property. The transfer of separate property after the death of a spouse may follow different rules depending on the jurisdiction.
Immediate Steps to Take
Upon the death of a spouse, several immediate steps need to be taken:
Obtain the Death Certificate: The death certificate is a crucial document required for various legal and administrative purposes. You'll need multiple copies, so make sure to request an adequate number from the relevant authorities.
Locate Important Documents: Gather all relevant documents related to the deceased spouse's assets, including property deeds, wills, trusts, and financial account information.
Notify Relevant Parties: Inform banks, financial institutions, insurance companies, and other relevant parties about your spouse's death. This will help prevent unauthorised access to accounts and ensure a smooth transition of assets.
Consult Legal and Financial Professionals: Seeking guidance from professionals experienced in estate planning and probate matters can be invaluable. They can provide personalised advice based on your specific circumstances.
Probate vs. Non-Probate Assets
In estate administration, assets are typically categorised as either probate or non-probate assets:
Probate Assets: These are assets subject to the probate process, which involves validating the deceased's will, paying off debts and taxes, and distributing assets according to the will or state laws if there is no will.
Real estate held solely in the deceased spouse's name or as tenants in common is generally considered a probate asset.
Non-Probate Assets: Non-probate assets pass directly to designated beneficiaries outside the probate process. Common examples include jointly owned property with the right of survivorship, assets held in a trust, retirement accounts with named beneficiaries, and life insurance proceeds.
Understanding the distinction between probate and non-probate assets is essential, as it determines the appropriate transfer process for each type of asset.
Transfer of Probate Property
If the deceased spouse owned property subject to probate, the following steps typically apply:
Initiate Probate Proceedings: If there's a will, the executor named in the will initiates the probate process by filing a petition with the probate court. If there's no will, the court will appoint an administrator to oversee the estate.
Inventory and Appraisal: The executor or administrator prepares an inventory of the deceased's assets, including real estate. An appraisal may be required to determine the fair market value of the property.
Settle Debts and Taxes: Before distributing assets to beneficiaries, the estate must settle any outstanding debts, taxes, and administrative expenses. This may involve selling assets, including real estate, to generate sufficient funds.
Transfer of Title: Once all debts and taxes have been paid, the remaining assets, including real estate, can be transferred to the beneficiaries according to the terms of the will or state intestacy laws.
Record the Transfer: To officially transfer ownership of real estate, the executor or administrator must prepare and record the necessary legal documents, such as a deed, with the appropriate government office, usually the county recorder's office.
Transfer of Non-Probate Property
For property that passes outside of probate, such as jointly owned property with right of survivorship or assets held in a trust, the transfer process is typically more straightforward:
Confirmation of Ownership: In the case of jointly owned property with right of survivorship, the surviving spouse automatically becomes the sole owner of the property upon the death of the other spouse. Similarly, assets held in a trust are distributed according to the terms of the trust document.
Update Ownership Records: The surviving spouse should update ownership records with the relevant authorities, such as the county recorder's office for real estate and financial institutions for bank accounts and investments.
Transfer of Trust Assets: If the deceased spouse had assets held in a trust, the successor trustee, typically the surviving spouse, is responsible for administering the trust and distributing assets to the beneficiaries according to the trust terms.
Considerations for Estate Taxes
Depending on the value of the deceased spouse's estate and the applicable tax laws, estate taxes may be owed. It's essential to consult with a tax professional to understand any potential tax implications and explore strategies for minimising tax liability, such as taking advantage of available deductions and exemptions.
Conclusion
Navigating the transfer of property after the death of a spouse can be a complex and emotionally challenging process.
By understanding the different types of property ownership, the distinction between probate and non-probate assets, and the applicable legal procedures, you can ensure a smooth transition of assets while honouring your spouse's legacy.
Seeking guidance from legal and financial professionals can provide invaluable support and peace of mind during this difficult time.
Remember to take things one step at a time and lean on your support network for assistance and emotional support.
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Kuwait is now permitting expatriates without university degrees to sponsor their families, provided they earn at least KD800 (Dh9,600) per month according to their work permit.
This decision, made under Article 29 of Ministerial Resolution No. 957/2019, was issued by Sheikh Fahad Yousuf Al Sabah, the First Deputy Prime Minister and Minister of Defence and Interior of Kuwait.
The updated policy specifically facilitates the sponsorship of wives and children for expatriates who are either residing in Kuwait or were born there, as well as for children born abroad who are under five years old.
Furthermore, the Director General of the Residency Affairs General Department at the Interior Ministry has the authority to waive the salary requirement under certain conditions.
This change, effective immediately upon its publication in the Official Gazette, aims to simplify the residency process for expatriate families in Kuwait.
Residency affairs departments across various governorates have begun accepting family visa applications from eligible expatriates in accordance with the new salary guidelines.
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The Special Court of Inheritance in Dubai settled inheritance cases worth over Dh4 billion last year, as reported in the Dubai Courts' 2023 annual report.
Established in September 2022, the Dubai Inheritance Court resolved a total of 580 cases, comprising 512 Muslim estates, 38 non-Muslim estates, and 30 private estates. These cases amounted to Dh4,115,917,861 in value.
Dubai Courts reported a 92.6 per cent success rate in inheritance settlements, exceeding the targeted 90 per cent. The high performance underscores the court's efficiency in distributing assets according to legal wills and personal revenues.
Procedures were meticulously executed to distribute properties and assets based on the deceased's will. Additionally, 19 other files were prepared for managing private inheritance arrangements.
Inheritance settlement is a critical legal process ensuring equitable distribution of assets based on legal and Sharia principles. Dubai continues to refine procedures to enhance efficiency and accuracy, facilitating fair settlements that meet the needs of individuals and families.
On average, cases took 81 days from registration to judgment, with the first hearing to judgment averaging 52 days and a waiting time of 28 days for the first hearing.
In 2023, Dubai Courts witnessed increased use of smart applications for managing various cases. A total of 872,414 online applications were submitted across the courts, with the Court of Appeals processing 32,005, the Commercial Court of First Instance handling 51,132, and the Labour Court of First Instance managing 33,316 smart applications.
The year also saw significant case completions across civil and criminal courts. Civil courts at the First Instance resolved 36,468 cases, with the Court of Appeals and Court of Cassation finalising 13,483 and 4,919 cases respectively.
Similarly, criminal courts saw resolutions with the First Instance handling 33,473 cases, the Court of Appeals resolving 10,059, and the Court of Cassation concluding 1,048 cases. These figures highlight Dubai Courts' efficiency in managing and closing a substantial volume of cases, ensuring timely justice.
The report highlighted the marriage contract service, enabling clients to conduct legally recognised marriage contracts accredited by Dubai Courts. In 2023, 8,895 legal marriage contracts and 249 civil marriage contracts were registered, totaling 9,144 contracts.
Additionally, 9,056 family guidance and reconciliation cases were recorded, necessitating 26,412 counselling sessions to aid families in resolving various issues. Approximately 79.6 per cent of these cases achieved successful resolution.
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In a landmark move, Abu Dhabi has extended maternity leave for certain private sector employees to 90 days, aligning more closely with public sector benefits.
This extension reflects the emirate's commitment to supporting working mothers and promoting family-friendly policies.
After the female employee resumes, she is entitled to two hours of daily leave for the first year after delivery to nurse her child. Male employees are entitled to three days' paternity leave.
Previously, female employees in the private sector were entitled to 45 days of maternity leave. The new regulation doubles this period, offering full pay for the entire duration.
This change aims to provide better work-life balance and support for new mothers during the crucial postpartum period.
As per Article 19 of the Federal Decree Law No. 49 of 2022 on Human Resources Law in the Federal Government, a female employee in a permanent position is entitled to maternity leave of three months with full salary.
After that, for six months from the date of the employee resuming work, she is entitled to two hours of reduced working hours either at the beginning or at the end of the working hours, to nurse her child. Such breaks are fully paid for.
According to Article 20, she is also entitled to fully paid parental leave of five working days. The leave may be taken continuously or intermittently within six months from the date of the child’s birth.
This leave is also granted to male employees. Maternity leave may not be combined with leave without pay.
Key Provisions of the New Policy
Eligibility Criteria: Female employees must have completed at least one year of continuous service with their current employer to qualify for the extended maternity leave.
Leave Duration: The leave consists of 90 days, which includes fully paid days off, allowing new mothers ample time to recover and bond with their newborns.
Job Security: Employers are mandated to secure the employee’s position during her absence, ensuring that women can return to their previous roles without any detriment to their career progression.
Reactions from the Business Community
The response from the business community has been mixed, with many employers expressing support for the initiative while also voicing concerns about potential operational challenges.
Some companies are evaluating strategies to manage the extended absences, including hiring temporary staff or redistributing workloads among existing employees.
Impact on Employee Well-Being
Research indicates that longer maternity leave can significantly improve the health and well-being of both mothers and their children. The extended leave period allows mothers to establish breastfeeding routines, recover from childbirth, and better manage postpartum mental health.
Abu Dhabi Launches Emirati Family Growth Programme
In addition to the extension of maternity leave, Abu Dhabi has introduced the Emirati Family Growth Programme, aimed at supporting marriages and raising children. This comprehensive initiative focuses on various aspects of family life, providing resources and support to Emirati families to ensure their well-being and prosperity.
Key Components of the Programme
Marriage Support: The programme offers counselling services, financial assistance for wedding expenses, and educational workshops on building strong marital relationships.
Child-Rearing Resources: Parents will have access to parenting classes, childcare support, and educational materials to aid in raising well-rounded and healthy children.
Work-Life Balance: The initiative promotes flexible work arrangements and family-friendly policies within workplaces to help parents balance their professional and personal lives.
Government's Vision for a Stronger Society
The Emirati Family Growth Programme reflects the government's vision of fostering a strong, cohesive society by nurturing the family unit, which is considered the cornerstone of the community.
By providing extensive support for marriages and child-rearing, Abu Dhabi aims to create a nurturing environment where families can thrive.
Hessa Al Mansoori, Director of the Emirati Family Growth Programme, stated: "Our goal is to empower Emirati families with the tools and resources they need to build strong, happy, and healthy family units. This programme is a testament to our commitment to the well-being of our citizens.”
The new maternity leave policy and the Emirati Family Growth Programme are expected to set a precedent for other emirates and potentially influence broader labour and social reforms across the UAE.
As the country continues to evolve its laws and policies, the focus on work-life balance and family-friendly initiatives will likely remain a key priority.
Abu Dhabi’s recent initiatives mark significant advancements in labour rights and social support, reinforcing the emirate’s commitment to fostering an inclusive and supportive environment for its residents.
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A child involved in a custody battle must not be treated like a toy by their parents but should be regarded as a human being, with their interests given paramount importance, the Goa bench of the Bombay High Court recently observed in a child custody case.
Single-judge Justice Bharat Deshpande made this observation while granting equal custody time to both the mother and the father during the child's summer holiday.
"It is necessary to note here that a child cannot be considered as a toy for the purpose of compensating parents for their lost visitation rights. A child has to be treated as a human being, and the most important aspect is the best interest of the child, which has to be of paramount importance," Justice Deshpande stated in the order dated June 14.
The order came in response to a plea filed by the mother seeking to quash the family court's May 8 order, which had granted seven weeks of custody to the father and five weeks to the mother.
The parties were US citizens, and their marriage took place in California. The child was born in February 2019 in Paris. However, relations between the two soon soured, and the father brought the child to Goa after a court in California granted him custody in an ex-parte order.
Subsequently, the mother also came to India, and the estranged couple initiated custody proceedings before the family court in Mapusa.
The High Court noted in its order that it had modified a family court's June 2023 order in October 2023, granting visitation rights to the father while upholding the child's custody with the mother.
However, the father could not exercise his visitation rights due to the child's ill health. Therefore, the father filed another application before the family court in Mapusa, seeking custody of the child during the school holiday.
The family court, in an order dated May 8 this year, acknowledged that the father could not utilise his visitation rights due to the child's ill health.
Consequently, it granted him seven weeks of custody during the summer break while granting only five weeks to the mother. The mother then appealed to the High Court against this decision.
The High Court refused to accept the father's argument that lost visitation rights could be compensated and that the family court had rightly granted him more time.
The judge stated that the family court's decision to grant the father seven weeks of custody was against the best interest of the five-year-old child.
"For a child of such tender age, the presence of the mother is of utmost importance. However, it cannot be ignored that the father also needs to be considered for the purpose of custody and visitation rights," the Court said.
The paramount interest of the child needs to be considered along with the fact that they are entitled to spend time with both parents during the holiday period, the single-judge opined.
Hence, it would be appropriate to equally divide the holiday period between the parents, the Court ruled.
"Parents as well as the child are entitled to utilise such a holiday for the purpose of spending quality time with both the father and the mother and their respective relatives, in order to maintain and keep the bond within the family. The child needs an opportunity to become acquainted with the family members of both parents," the order stated.
Therefore, the Court ruled that the holiday period of eleven weeks should be divided equally between the mother and the father.
It granted five weeks of custody to each parent accordingly.
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Amending a birth certificate in the United Arab Emirates (UAE) can be a daunting process, especially for former residents who are no longer living in the country.
However, recent updates in the UAE's administrative procedures have streamlined the process, making it more accessible. This article outlines the necessary steps, provides expert insights and directs you to essential resources.
Understanding the Process
The UAE’s Ministry of Health and Prevention (MoHAP) is the primary authority responsible for issuing and amending birth certificates. The procedure involves several steps, including documentation, notarisation and authentication by various government bodies.
Steps to Amend a Birth Certificate
1 Gather Required Documents:
2 Complete the Application
Applications can be initiated online through the MoHAP e-services portal. The online application form requires detailed information about the existing birth certificate and the specific amendments needed.
3 Payment
The user has to make a fee payment of Dh65 or Dh130 (for English and Arabic), which includes the courier charges.
4 Follow-Up
After submission, it is crucial to follow up with MoHAP to ensure the application is processed smoothly. This can be done through their customer service channels or the online portal.
Expert Opinions
According to Shulka Chavan, Legal Associate, NYK Law Firm in Dubai, "the process of amending a birth certificate while residing outside the UAE has become more efficient with the digitisation of many services. However, applicants must ensure all documents are correctly attested to avoid any delays. It is necessary to seek legal assistance when needed".
Ms Fareen Fathima, an immigration consultant, adds: "Former residents should be aware of the specific requirements for document attestation, as these can vary depending on the country. Engaging with a professional who understands both UAE law and the legalities in the applicant’s current country can be beneficial."
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Dubai has relaxed regulations for divorced parents travelling abroad with their children. According to Dubai Courts, the new procedure permanently lifts the travel ban once the sponsor's approval is obtained. This change simplifies the process for parents and their children to enter and exit the UAE.
“This process … accelerates the procedures of cancelling the travel ban in the system immediately after it is signed by the judge,” the authority said on Thursday.
Salem Mohammed Al Misfri, head of the Personal Status Execution Department at the Dubai Courts, said the procedure previously involved several time-consuming steps. First, a judge had to issue a decision after the sponsor’s approval, after which a letter was sent to the Criminal Investigation Department to temporarily cancel the travel ban.
As stated on the official UAE government portal website, custody in divorce cases is typically awarded to mothers, while fathers act as 'guardians' responsible for the child's financial support.
Previously, leaving the country with a child without the other parent's consent could be considered 'child abduction,' leading to severe legal repercussions for the parent involved. If there are concerns, either parent can secure a travel ban to prevent the child from leaving the airport.
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A landmark ruling now permits non-Emirati lawyers to represent clients in the Abu Dhabi Civil Family Court, a significant change from the previous restriction that allowed only Emirati lawyers to practice in the country’s courtrooms.
The new ruling is specific to the civil family court within the Abu Dhabi Judicial Department. Established in 2021, the Abu Dhabi Civil Family Court handles cases under a non-Sharia process, aligning the emirate with international legal practices.
"Abu Dhabi has made a historic move by allowing foreign lawyers to practice in its civil family courts without restrictions – a first in the region," said a legal expert.
He emphasised that this will enable expatriates to be represented by lawyers who speak their language and understand their cultural backgrounds, especially since the civil family court conducts proceedings in English.
A prominent lawyer commented: "It is logical to allow foreign lawyers to represent foreign clients, making the legal process more straightforward and effective. This change is expected to attract top international talent to the UAE, benefiting local talent as well. Local lawyers will gain opportunities to train with international law firms, and more top professionals will be drawn to live and work in Abu Dhabi," he added.
The new law has also led to the creation of a special register at the Abu Dhabi Judicial Department for foreign lawyers. To qualify, foreign lawyers must meet several criteria: proficiency in English, a clean criminal record and physical and mental fitness for their duties. They must also hold a law degree from a recognised institution and have at least 15 years of legal experience, among other conditions.
"The enactment (of Law Number 21 of 2024) is a groundbreaking step by the UAE government, formalising the inclusion of foreign lawyers in the court for the first time," said another lawyer.
He noted that this legislation acknowledges the efforts of practitioners who previously worked under special permissions and invites a diverse pool of international legal expertise to enhance the UAE’s legal system. "This move demonstrates the UAE’s commitment to embracing global perspectives and improving the quality of justice delivered in its courts," the lawyer added.
The integration of foreign lawyers will bring varied legal insights and experiences, benefiting families and individuals seeking justice. The new initiative will foster greater collaboration, innovation, and excellence within the legal community.
This resolution is part of a broader overhaul of the Abu Dhabi judicial system, which includes the establishment of an Abu Dhabi English notary bureau, the launch of a bilingual court and allowing foreigners to marry in a civil ceremony at the Abu Dhabi Court.
This progressive move enhances Abu Dhabi's judicial system by promoting inclusivity and acknowledging the multicultural nature of UAE society, providing expatriates with more options. Expats can now choose legal counsel who understands their case and speaks their language in court.
Having a wider choice of advocates, including both local and foreign lawyers, empowers clients who are often experiencing stressful times culminating in legal proceedings before the Abu Dhabi Civil Family Court.
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The Dubai Courts have announced a major change in their procedures for handling inheritance cases, making it easier for residents and expatriates to navigate the legal system. This move is part of a larger strategy to improve access to justice and streamline legal processes for the public.
Traditionally, dealing with inheritance matters can be complicated and time-consuming, requiring extensive paperwork and legal consultations. The new measures introduced by the Dubai Courts aim to simplify this process, cutting down on red tape and reducing the time it takes to open an inheritance file.
Key Features of the New Process
Simplified Documentation: The Dubai Courts have reduced the number of documents needed to open an inheritance file, focusing only on the essential documents. This means less paperwork and less time spent compiling and submitting documents.
Online Submission Portal: One of the most significant developments is the introduction of an online portal where people can submit their inheritance files electronically. This portal is user-friendly and designed to guide applicants step-by-step through the process, making it easy for anyone to use, even without extensive legal knowledge.
Support Services: The Dubai Courts have set up dedicated support services to help people navigate the new system. This includes help desks at court premises, a hotline for inquiries and online chat services available on their website.
Faster Processing Times: The new system has significantly reduced the review and processing times for inheritance files. The Dubai Courts have allocated more resources to ensure that most inheritance cases are finalised within a few weeks.
Clear Guidelines and FAQs: To further assist the public, the Dubai Courts have published detailed guidelines and frequently asked questions (FAQs) on their website. These resources provide clear instructions on how to prepare and submit inheritance files, what documents are needed, and how to follow up on the status of a case.
This new system will benefit a wide range of people in Dubai, including residents and expatriates. For expatriates in particular, dealing with inheritance matters in a foreign legal system can be daunting. The new measures aim to make this process more accessible and understandable.
To learn more about the new inheritance file process or to submit a file, visit the Dubai Courts website or contact their support services directly.
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The Madras High Court has permitted the wife of a person in a comatose condition to sell/mortgage his immovable property worth over ₹1 crore and utilise the proceeds for taking care of his medical expenses as well as the maintenance of the family, consisting of a son and a daughter.
The petitioner stated that her husband was admitted to a private hospital from February 13 to April 4, during which she spent a substantial amount of money on his treatment. Her husband is currently being cared for by paramedics at home. She requested the court to permit the sale of the property to cover medical expenses and support the family.
In an intra-Court appeal filed under Clause 15 of the Letters Patent against an earlier order, the Court had initially directed the petitioner to approach the jurisdictional Civil Court instead of granting her guardianship in a writ petition under Article 226 of the Constitution of India.
However, the Division Bench of G.R. Swaminathan and P.B. Balaji JJ set aside this order and issued the following directions:
After interacting with the petitioner’s children, the court was satisfied that the family had no source of income. Without permission to manage the mentioned property, they would face significant hardship. The court acknowledged that caring for a person in a comatose state is challenging and requires monetary support, including hiring paramedical staff.
The Court noted that the property belongs to the husband and should be used for his benefit. Since the petitioner’s husband cannot care for himself, the appellant is bearing the entire burden. Thus, the Court found it improper to direct the appellant to move to the civil court.
It emphasised that when relief can be granted based on admitted and proven facts, there is no reason to deny the appellant on technical grounds of writ petition maintainability. The court also pointed out that similar writ petitions had been entertained and reliefs granted, making the single judge's decision to dismiss the writ petition incorrect.
The court reiterated that after the petitioner's husband's demise, the fixed deposit would be divided into three equal shares for his legal heirs: his wife, daughter and son.
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Couples in the UAE planning to marry can now opt for a genetic test as part of their mandatory premarital medical examination. This optional test, available free of charge, screens for over 570 genetic mutations linked to hereditary diseases such as cardiomyopathy, genetic epilepsy, spinal muscular atrophy, hearing loss, and cystic fibrosis.
The initiative aims to help couples make informed decisions about marriage and childbearing by identifying potential genetic risks.
Overview of Premarital Medical Screening
Mandatory for all citizens and expatriates, the UAE's premarital medical screening programme includes tests for infectious diseases like HIV, Hepatitis B & C, syphilis and genetic conditions such as Beta-thalassemia and sickle cell anemia. Launched in 2008, this screening also checks for German Measles (Rubella) and is valid for three months.
Optional Genetic Testing
The genetic test, although optional, is a critical addition to the mandatory screening. It examines genetic material for mutations that individuals may carry without symptoms. When both partners carry the same mutation, their children have a higher risk of developing severe, hard-to-treat genetic diseases.
Accessing the Genetic Test
The genetic test is available at three EHS health centres:
Appointments can be booked through the EHS smart app, call centre, or by visiting the health centres directly. Results are provided within two weeks, and if a shared genetic mutation is detected, specialised consultants offer counseling and suggest options to the couple.
Counseling and Decision-Making
The role of genetic disease consultants in guiding couples is crucial. They provide appropriate counseling, answer questions and offer alternatives to help couples make informed decisions regarding their future marriage and childbearing.
Preventive Measures
The preventive aspect of genetic testing is the identification of inherited disease-causing genes; the test helps calculate the chances of passing these genes to children and offers solutions for couples wishing to proceed with marriage and parenthood. This approach aims to prevent the transmission of genetic diseases to future generations.
Integration with the Genome Programme
The integration of the Genome Programme capabilities into premarital screening reflects the UAE's commitment to a healthier community. This collaboration between the Department of Health (DoH) and Abu Dhabi Health Services Company (SEHA) is a preventive measure to maintain community health and well-being.
The programme aims to identify carriers of recessive genetic diseases and reveal the prospects of passing these conditions to offspring.
Pilot Phase and Future Plans
Currently in its pilot phase, the voluntary genetic screening has enrolled 264 Emirati couples. It examines 570 genes linked to more than 840 severe autosomal recessive diseases, which are relatively common in the UAE due to the high rate of consanguinity. The programme also links couples to reproductive medicine solutions and options.
Procedure and Counseling
Couples are encouraged to undergo genetic testing before marriage to formulate a proactive disease management plan. During their visit to the health centre, a physician provides a comprehensive overview of the testing process, goals, advantages and potential challenges.
If both partners test positive for a particular gene, they are informed of a 25 per cent chance of having offspring with a rare genetic condition. Couples receive full genetic counseling and explore various medical solutions, such as IVF, to minimise the risk of genetic abnormalities in their children.
In summary, the UAE's new genetic test as part of the mandatory premarital screening is a significant step towards preventing hereditary diseases, ensuring informed decision-making and promoting community health.
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As a non-Muslim resident of Dubai, you have several options for creating and registering a will for your assets in the UAE. The relevant laws include Federal Decree-Law No. 41 of 2022 on Civil Personal Status; Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai; and DIFC Wills and Probate Registry Rules
Non-Muslims can apply the UAE Personal Status Law for non-Muslims for their matters. Article 1(1) of this law states that it applies to non-Muslim UAE nationals and residents unless they follow their home country's laws regarding marriage, divorce, inheritance, wills and parentage.
Article 11(1) further allows non-Muslims to leave a will distributing all their UAE-based assets to anyone of their choice, following the guidelines in the Implementing Regulations.
Dubai Law No. 15 of 2017 outlines the procedures for the registration of wills. Article 3 applies this law to all wills and estates of non-Muslims in Dubai, including the DIFC. Article 6(a) establishes the 'Register of Wills of Non-Muslims' at the Dubai Courts and DIFC Courts.
You can register your will at either the Dubai Courts or the DIFC Courts Wills Service Centre. The will must detail the executor(s) and beneficiaries and cover all types of assets, including real estate, business shares, bank accounts and other valuables, whether located within or outside the UAE.
The DIFC Wills and Probate Registry (WPR) Rules specify the requirements for non-Muslim wills, such as being in English, witnessed by two witnesses, and appointing executors and guardians. The will can include all global assets of the testator.
Alternatively, non-Muslim expatriates can register their will at their home country's consulate or embassy if such a service is available.
In conclusion, you can draft and register your will for your UAE estate at the Dubai Courts, the DIFC Wills Service Centre, or your home country's consulate/embassy. Wills registered in Dubai through these procedures are typically valid and enforceable outside the UAE, subject to the laws of other involved countries.
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Welcoming a new addition to the family is a precious occasion for any parent. However, for
unmarried couples in the UAE, it can give rise to unique concerns and questions.
This article aims to explore the legal issues, societal perceptions and practical aspects associated with the
birth of a child out of wedlock in the UAE.
Parenthood is a profound journey, but for unmarried couples in the UAE, it's accompanied by specific legal and societal considerations.
With the UAE's blend of tradition and modernity, navigating the complexities of having a child out of wedlock requires understanding and awareness.
Legal Status of a Child Born Out of Wedlock
In the UAE, children born out of wedlock are acknowledged legally, but certain procedures must be followed to confirm their legal status. This usually includes registering the birth and arranging legal guardianship for the child.
The UAE's family laws have been updated to decriminalise consensual relationships outside of marriage, recognise parentage and simplify the process of applying for birth certificates.
These legal changes establish a framework that protects the rights and respects the dignity of every child, regardless of their parents' marital status.
Consequences of Having a Baby Before Marriage
The new law allows unmarried couples to live together without facing legal consequences for having a baby before marriage. This change reflects a significant modernisation of the country's legal system and acknowledges evolving social norms in the UAE.
However, it's important to remember that the law still prohibits sex outside of marriage, so unmarried couples should be cautious and discreet.
Having a baby before marriage can be complex, and couples need to understand the laws and regulations related to pregnancy and childbirth, seek medical guidance and make informed choices.
While Dubai offers excellent healthcare facilities in a modern and cosmopolitan environment, it's crucial to respect local laws and customs.
Procedure for Unmarried Couples to Apply for a Birth Certificate
The procedure for unmarried couples to apply for a birth certificate for their newborn in the
UAE involves following specific legal steps as outlined by the authorities.
If Father is Not Known
Additionally, a new UAE law passed in October 2022 extends the right for unmarried mothers to apply for a birth certificate even if the father is not known.
New Laws
The new laws in the UAE, enacted in January this year, bring hope to unmarried expatriate couples. These laws say that if a child is born to unmarried parents he/she will still be recognised in the UAE. The new laws make it okay for unmarried couples to have children together, as long as they take care of the child.
However, there are some important rules to remember. Article 410 of Federal Law No: 31 of 2021 says that if a woman over 18 has a baby after having consensual sex, both the man and the woman could go to jail for at least two years.
But there's another law, Article 1 of Resolution No 3 of 2021, which says that any parent who lives in the UAE can apply for a birth certificate for their child in the Dubai Courts. They don't need to show a marriage certificate anymore.
Article 2 explains how to do this. Even if the parents don't want to get married, they can still get a birth certificate for their child by showing they're the parents and can provide all the needed documents.
If the parents can't agree on registering the child's birth, they might face legal trouble.
Societal Attitudes
People's opinions about having children out of wedlock can vary in the UAE. While some people are open-minded, others might have more traditional views. It's essential to be aware of these attitudes and respect them.
Practical Considerations
For unmarried parents in the UAE, there might be some challenges when it comes to legal paperwork and guardianship for the child. It's important to understand the process and make sure everything is done correctly.
Having a child out of wedlock in the UAE comes with its own set of considerations, but with the right knowledge and understanding, unmarried couples can navigate this journey with confidence.
By following the legal procedures, respecting societal attitudes, and addressing practical concerns, parents can focus on welcoming their bundle of joy into the world with love and care.
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The Federal Authority for Identity, Citizenship, Customs and Ports Security (ICA) has unveiled the introduction of a Family Data service, offering Emirati individuals and families an alternative to the current UAE Family Book system.
This initiative aims to streamline access to government services electronically. Scheduled to commence on May 13, the service will be accessible via individuals' personal accounts on the authority's website and smartphone application.
The new service is designed to enable Emiratis to seamlessly access all government services digitally, eliminating the need for traditional paper-based transactions. It replaces the current Family Book system.
ICA has confirmed that this service will extend to all family members through their respective electronic accounts on the authority's website and smartphone application, under the name Family Data.
Facilitating the electronic exchange of data among relevant government entities, the service ensures the availability of information necessary for obtaining various services.
All existing Family Book data will be migrated to the Family Data service, while passports will remain the primary identification for travel and movement outside the country.
The protocols for extracting, updating, or amending information within the Family Data service will align with those governing the Family Book system.
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Estate planning stands as a cornerstone of financial management, yet it frequently remains a neglected aspect, particularly among entrepreneurs and business owners.
However, in the flourishing landscape of the United Arab Emirates (UAE), characterised by its burgeoning wealth and economic dynamism, the significance of estate planning cannot be overstated.
The UAE boasts a multifaceted business environment, encompassing both civil and common law jurisdictions, along with a rich tapestry of cultural diversity. This complexity accentuates the necessity for meticulous estate planning and succession strategies. Without a well-crafted plan, entrepreneurs risk entangling their hard-earned assets in legal intricacies, potentially jeopardising their intended legacy or business continuity.
Moreover, the absence of a comprehensive estate plan can impose substantial financial burdens on businesses and families, particularly concerning the UAE's rigorous inheritance laws. Thus, proactive engagement in estate planning becomes imperative for entrepreneurs to shield their legacy and ensure the sustained prosperity of their ventures.
Reasons for Considering Inheritance Planning and Estate Planning
Mitigating Legal Complexities: The UAE's diverse legal framework, encompassing civil and common law jurisdictions, necessitates a carefully structured estate plan to navigate potential legal entanglements effectively.
Safeguarding Business Assets: Estate planning ensures the seamless transfer of business assets to heirs while minimising tax liabilities, thereby safeguarding the continuity and integrity of the business.
Compliance with Regulatory Changes:Recent regulatory developments, such as the establishment of inheritance departments and the facilitation of will registrations for non-Muslim residents, highlight the evolving landscape, emphasising the need for proactive estate planning.
Protecting Family Businesses: Given the prevalence of family-owned enterprises in the UAE, estate planning becomes indispensable for ensuring a smooth transition of leadership while balancing familial expectations and business imperatives.
Understanding Estate Planning
Estate planning encompasses a spectrum of financial and legal strategies aimed at facilitating the transfer of assets to heirs and beneficiaries, all while aligning with the owner's wishes and minimizing tax liabilities. In the UAE, estate planning assumes a distinctive character due to its diverse populace and cultural heterogeneity.
UAE's Regulatory Framework
The UAE's legal framework for inheritance draws inspiration from Sharia law, underscoring the importance of understanding local regulations and cultural dynamics. Recent legislative reforms have expanded the scope for non-Muslim residents to devise estate plans aligned with their preferences and legal systems.
Planning For Your Business
Cataloging all business-related assets, including real estate, investments, shares and intellectual properties, forms a crucial step in estate planning. Additionally, selecting a successor in family businesses demands a judicious assessment of both familial expectations and business requirements.
According to Forbes Business News, "business owners are not waiting for estate planning when they are about to retire; they are doing it much earlier considering the market situations and interests of their loved ones."
Considerations for Non-Muslim Business Owners
Dynamic regulatory changes have granted non-Muslim business owners greater autonomy in estate planning, enabling them to devise wills reflective of their preferred legal systems. However, joint assets with Muslim individuals remain subject to Sharia law, necessitating careful structuring and legal advice.
In conclusion, estate planning in the UAE emerges as a nuanced yet indispensable process, demanding a meticulous understanding of local regulations, cultural dynamics, and financial intricacies. By embracing proactive estate planning, business owners can secure their legacy and fortify the foundation of their enterprises for future generations.
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In the UAE, Hindu marriages are usually governed by personal status laws and regulations that vary depending on the emirate. While Hindu marriages are not officially recognised by the UAE government, couples often undergo a religious or cultural ceremony to mark their union. However, there are certain legal requirements that couples may need to fulfill, which can include:
Documentation: Couples may need to provide certain documents, such as passports, birth certificates, and a no-objection certificate (NOC) from their respective consulates or embassies.
Registration: Some emirates require Hindu marriages to be registered with the relevant authorities. This registration process may involve submitting a marriage application along with the required documents.
Legalisation: In some cases, couples may need to have their marriage certificate legalised by the UAE Ministry of Foreign Affairs or the relevant embassy or consulate.
Validity of the Marriage: It's essential to ensure that the marriage ceremony adheres to the customs and rituals recognized by Hindu tradition. Additionally, couples should consult with legal experts or religious authorities to understand the validity of their marriage under Hindu law.
Consent: Both parties must consent to the marriage without coercion or duress. Consent is a fundamental requirement for the validity of any marriage.
Age Requirements: In the UAE, the legal age for marriage is generally 18 years old. However, there may be exceptions for minors under certain circumstances, such as parental consent and approval from the courts.
Witnesses: Witnesses may be required to attest to the marriage ceremony. These witnesses must be of legal age and have the capacity to understand the significance of their role.
It's crucial for couples planning to marry in the UAE to consult with legal experts or religious authorities familiar with the local laws and customs to ensure they fulfill all necessary requirements.
Additionally, couples may consider obtaining legal advice from professionals specializing in family law or international marriages.
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In recent years, the United Arab Emirates (UAE) has witnessed significant advancements in its divorce laws, particularly in ensuring the protection and well-being of children throughout the divorce process.
With a focus on prioritising children's interests and fostering healthy co-parenting relationships, the UAE's legal landscape has evolved to promote joint custody arrangements as a means of safeguarding children's rights.
Historically, divorce laws in the UAE leaned towards granting sole custody to one parent, often the mother, with limited visitation rights for the other parent.
However, the UAE's legal framework has transformed to embrace joint custody arrangements, recognizing the importance of both parents' involvement in their children's lives post-divorce.
Joint custody, also known as shared custody, involves both parents sharing responsibility for the upbringing and care of their children. This approach acknowledges the value of maintaining strong bonds with both parents, providing children with stability, emotional support, and a sense of security during a tumultuous time.
How UAE Protects Children's Rights?
The UAE's divorce laws prioritise the child's best interests, ensuring their rights and well-being are protected throughout the divorce process. Courts in the UAE consider various factors when determining custody arrangements, including the child's age, preferences, and the ability of each parent to provide a nurturing environment.
Furthermore, the legal system in the UAE provides mechanisms to address any disputes or conflicts that may arise between parents regarding custody or visitation rights.
Mediation and counseling services are often utilised to help parents reach amicable agreements that serve the child's best interests.
Financial Support and Maintenance
Ensuring financial support for children is another crucial aspect of the UAE's divorce laws. Following divorce, both parents are obligated to provide financial support, known as child maintenance, to meet the child's needs and maintain their standard of living.
Courts in the UAE assess various factors when determining child maintenance, including each parent's income, financial resources, and the child's needs.
Child maintenance orders are enforceable by law, underscoring the importance of ensuring children receive the necessary financial support to thrive.
Case Studies
Gayatri Jayesh, a legal associate at NYK Law Firm, provided insights into the changing terrain of divorce law through two compelling case studies. In one case, a father willingly surrendered all guardianship rights, relieving himself of financial obligations towards his child and wife.
Notably, the wife, who was financially reliant on the husband, sought support under the new joint custody laws, leading to the father being mandated to contribute to the child's upbringing despite not being obliged to support the wife. This ruling demonstrated a favourable stance toward the child's welfare.
In another scenario, Gayatri discussed a contrasting case where the mother relocated abroad, obstructing the father's access to their child. However, under the principles of joint custody outlined in the updated legislation, the father was granted rights to maintain contact and spend time with the child, ensuring his continued presence in the child's life.
"These cases exemplify the evolving landscape of divorce law, where equitable distribution of responsibilities between parents, particularly in joint custody scenarios, is paramount. The judiciary's focus on the child's welfare is evident, even in situations where one parent waives their rights. Such cases underscore the importance of maintaining parental involvement for the child's benefit, as per the updated legal framework," Gayatri explained.
The UAE's latest divorce laws reflect a progressive approach towards safeguarding children's rights and well-being in the aftermath of divorce. By embracing joint custody arrangements, prioritizing the child's best interests, and ensuring adequate financial support, the UAE's legal framework aims to provide a supportive environment for children as they navigate the challenges of divorce.
Ultimately, the UAE's divorce laws aim to promote healthy co-parenting relationships that allow children to maintain loving and meaningful connections with both parents. Through these legal provisions, the UAE endeavours to create a nurturing and stable environment for children, ensuring their continued growth and development despite the challenges of divorce.
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In the UAE, Islamic marriages are governed by Sharia law, and specific legal requirements must be met for a marriage to be considered valid under Islamic law.
Here are the key legal requirements for conducting an Islamic marriage in the UAE.
Consent: Both parties must freely consent to the marriage without coercion or duress. Consent is fundamental for the validity of the marriage contract.
Offer and Acceptance (Ijab wa Qabul):The marriage contract (Nikah) is established through an offer from one party and acceptance from the other. This offer and acceptance must occur in the presence of witnesses and with the intention of marriage.
Mahr: The groom must offer a Mahr (dowry) to the bride as a symbol of his commitment and financial responsibility. The Mahr is agreed upon by both parties and is given to the bride as her exclusive property.
Wali (Guardian): The bride must have a Wali (guardian) who acts on her behalf during the marriage contract negotiations and ceremony. The Wali is typically the bride's father, but if he is unavailable, another male relative or a designated Islamic authority may act as her Wali.
Presence of Witnesses: The marriage contract must be witnessed by two male witnesses or one male and two female witnesses who are of sound mind and have reached the age of maturity (puberty).
Announcement: The marriage contract may be publicly announced to ensure transparency and acknowledgment within the community.
Registration: While not mandatory under Islamic law, couples may choose to register their marriage with the relevant authorities for legal recognition and documentation purposes.
It's important to note that while Islamic marriages are recognised under Sharia law in the UAE, couples may also need to fulfill additional legal requirements for civil registration and documentation purposes, particularly for matters such as inheritance, guardianship and spousal rights.
It's advisable for couples to seek guidance from legal experts or religious authorities familiar with Islamic family law in the UAE to ensure compliance with all legal requirements.
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Saudi Arabia has introduced new health-based marriage regulations aimed at preventing genetic diseases and promoting the well-being of future generations.
The amendments to Resolution 156 govern marriages involving Saudi nationals and non-Saudi individuals, prohibiting unions deemed "medically incompatible" under the guidelines of the "Healthy Marriage Programme."
The updated regulations specify that marriages can proceed if it is medically established, according to Ministry of Health protocols, that one partner is incapable of reproduction. Additionally, the Ministry of Health, under Cabinet decision No. 110, will identify the list of diseases subject to screening in the Healthy Marriage Programme for the public interest.
These changes are a significant advancement in preventing genetic disorders, ensuring treatment for affected individuals, and addressing related health concerns. The initiative is critical for fostering families free from prevalent hereditary blood disorders and serious infectious diseases in the Kingdom, while also promoting health awareness among prospective couples.
"Medical incompatibility," as defined by the Ministry of Health within the Healthy Marriage Programme, occurs when both parties are affected by or carriers of listed genetic diseases for screening, or when one party is affected and the other is a suspected carrier of a genetic disease.
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In a world where love knows no boundaries and family extends far beyond bloodlines, there exists a journey of compassion, resilience, and the transformative power of unconditional love that brings together the lives of strangers, binding them in a tapestry of shared experiences and profound connection.
This is the core concept and spirit of adoption and fostering rules in the UAE, which stands as a beacon of commitment to the well-being and future of every child within its borders. Its legal framework stands as a testament to the unwavering dedication to ensuring every child's journey is guided by love, security, and the promise of a brighter tomorrow.
Within this framework, Wadeema's Law, widely recognised for safeguarding children's rights, serves as a cornerstone. The law guarantees the fundamental right to alternative care for children deprived of their natural families, whether through foster families or public/private social welfare institutions.
This legislation reflects the UAE's commitment to providing a nurturing environment for every child, irrespective of their circumstances.
Who Can Adopt a Child?
The UAE's legal framework also addresses the responsibilities of foster parents in caring for children of unknown parentage. Provisions are in place for establishing childcare homes and identifying eligible foster families capable of providing comprehensive care encompassing health, entertainment, psychological, social, and educational needs.
The Ministry of Community Development (MoCD) oversees these efforts, ensuring suitable foster families for children in need. Criteria for prospective foster parents include being Muslim, Emirati citizens, residing in the UAE, being at least 25 years old without a criminal record involving moral turpitude, being free from infectious diseases or psychological disorders, and having the financial means to support their family and the foster child.
Moreover, foster parents must commit to providing proper treatment, upbringing, and care for the child's health and well-being.Inclusivity is also emphasised in fostering regulations, extending eligibility to single women, including divorced and widowed women, provided they meet specific criteria.
Applicants must provide essential documents, including an Emirates ID card, passport copy, family book copy, salary certificate, certificate of good conduct, and proof of home ownership. Various authorities across different emirates in the UAE facilitate childcare homes.
Additionally, the UAE implements child-sponsoring programs to support orphans, both domestically and internationally, through initiatives operated by entities like the Emirates Red Crescent Authority and Zakat Fund.
Recent amendments to Federal Law No. 28 of the 2005 UAE Personal Status Code and Decree-Law No. 52/2023 introduce significant changes aimed at enhancing the welfare and protection of fostered children. These amendments modify the roles, responsibilities, and rights of foster parents, particularly concerning educational tutorship, guardianship, and documentation.
Revisions to Article 148 grant the fostering mother educational tutorship over the fostered child in the child's best interest, with dispute resolution mechanisms in place to ensure timely resolution while prioritising the child's well-being.
Article 157 addresses custody of the fostered child's passport and evidential documents, emphasizing the child's autonomy upon reaching adulthood and empowering the woman fosterer to maintain essential documents.
Changes to Article 250 specify conditions under which wills may be made to heirs, ensuring flexibility and adherence to the best interests of all parties involved.
The recent amendments to Federal Law No. 28 of 2005 UAE Personal Status Code, introduced through Decree-Law No. 52/2023, signify the UAE's continuous commitment to enhancing the legal framework surrounding fostering and adoption.
By addressing crucial aspects such as educational tutorship, custody of documents and testamentary matters, these amendments strive to ensure the holistic well-being and protection of fostered children while upholding the principles of justice and guardianship within the UAE's legal system.
(The writer is a legal associate at Dubai-based NYK Law Firm)
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In the multi-cultural landscape of the United Arab Emirates (UAE), where tradition intersects with modernity, one practice that continues to spark debate is the tradition of dowry, known locally as "mahr."
As discussions on cultural practices and legal compliance gain momentum, the general public grapples with the question of whether the dowry system aligns with the UAE's evolving legal frameworks.
Cultural Tradition vs Legal Compliance
The dowry system, deeply rooted in tradition, is a customary practice where the groom provides a financial or material gift to the bride as a symbol of commitment and support.
While traditionally prevalent in many societies, including parts of the UAE, its legality and compliance with contemporary laws are under scrutiny.
Under Islamic law, the payment of mahr is a fundamental aspect of marriage contracts, with specific guidelines outlined in Sharia. However, interpretations vary, and the implementation of dowry practices can differ across cultural and familial traditions.
Law on Determining Dowry and Wedding Expenses in the UAE
Legal Frameworks and Debates
In recent years, the UAE has witnessed significant legal reforms aimed at promoting gender equality and protecting women's rights.
The UAE Personal Status Law, for instance, outlines provisions related to marriage contracts, including stipulations regarding mahr.
Critics argue that the dowry system, if not regulated effectively, can perpetuate financial burdens on grooms and reinforce gender inequalities.
They advocate for stricter legal oversight to prevent exploitation and ensure that dowry payments are reasonable and consensual.
Conversely, proponents of the dowry system view it as a cultural tradition that strengthens familial bonds and reflects the groom's commitment to providing for his bride.
They emphasise the importance of preserving cultural heritage while respecting individual freedoms and choices.
Legal Experts' Perspectives
Legal experts weigh in on the debate, highlighting the importance of aligning cultural practices with legal frameworks to uphold fundamental rights and prevent exploitation.
They emphasise the need for clarity in defining dowry obligations within marriage contracts, ensuring transparency and consent from all parties involved.
Furthermore, legal scholars stress the significance of ongoing dialogue and collaboration between religious authorities, legal institutions and community leaders to address the complexities surrounding the dowry system effectively.
Moving Forward
As discussions on the legality of the dowry system in the UAE continue, stakeholders advocate for a balanced approach that respects cultural traditions while safeguarding individual rights and promoting gender equality.
The evolving legal landscape presents opportunities for constructive dialogue and policy reforms aimed at addressing societal norms in alignment with contemporary values and principles.
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If you are suffering from domestic violence, it's crucial to understand that assistance is available. You can approach law enforcement agencies, medical facilities, social welfare services, or support groups dedicated to aiding victims of abuse, and support is within your reach.
Domestic violence is a major issue affecting individuals worldwide, including those residing in the United Arab Emirates. The UAE government has taken decisive action to address this issue, notably with the implementation of the Family Protection Policy in 2019.
The policy aims to protect women, children, the elderly and individuals with special needs from all forms of violence and abuse. Furthermore, the UAE has enacted legislation specifically tailored to safeguard victims of domestic violence and ensure they have access to essential legal rights and support networks.
Under Federal Decree Law no.10/2019 on the Protection of Domestic Violence, domestic violence includes various forms of abuse, including physical, psychological, sexual and economic mistreatment.
The law outlines specific legal rights provided to victims of domestic abuse in the UAE:
Filing a Complaint: Victims have the right to report incidents of abuse to law enforcement authorities, leading to a thorough investigation and necessary interventions to ensure their safety.
Protective Orders: Victims can seek protection orders from the court, which prohibit the abuser from contacting or approaching them. These orders are issued based on the victim's application and are designed to provide effective protection measures.
Medical Care and Counselling: Victims have access to medical care and counselling services offered by various healthcare facilities and organisations, ensuring comprehensive support for their physical and emotional well-being.
Legal Representation: Victims have the right to legal representation if they opt to pursue legal action against their abuser, ensuring fair treatment throughout the legal process.
Compensation: Victims are entitled to compensation for damages incurred as a result of the abuse, including medical expenses and lost income.
Despite social customs and habits that may contribute to underreporting of domestic violence cases, there has been a notable increase in women taking action against their abusers in recent years.
This proactive approach has led to a 20 per cent decrease in reported cases in 2022, highlighting the positive impact of increased awareness and support mechanisms.
It’s not just about getting immediate help but also about knowing your legal rights and options.
Therefore, if you find yourself facing domestic violence in the UAE, it's necessary to reach out to an experienced lawyer or law firm for guidance. A lawyer can walk you through your legal rights and options, ensuring you understand the steps you can take to protect yourself.
(The writer is a Legal Associate at Dubai-based NYK Law Firm)
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Creating a will is a fundamental aspect of estate planning, regardless of one's nationality or location. A will allows individuals to specify how they want their assets, properties and belongings to be distributed upon their death.
Registering a will adds an extra layer of security, ensuring that the document is legally recognised and accessible to relevant authorities and beneficiaries. Taking the time to register your will offers invaluable peace of mind and reassurance for both you and your beneficiaries.
For expatriates, ensuring that their assets and belongings are distributed according to their wishes in the event of their passing is a crucial consideration. However, registering a will as an expatriate requires navigating legal processes that may vary depending on the country of residence.
This article aims to provide expatriates with a comprehensive guide on how to register their wills to ensure their wishes are legally recognised and upheld.
Steps to Register Your Will as an Expat
Consult Legal Experts: Before drafting your will, seek advice from legal professionals who specialise in estate planning and inheritance laws in your country of residence. They can provide guidance on the legal requirements and formalities involved in creating and registering a will as an expatriate.
Draft Your Will: Work with your legal advisor to draft a comprehensive and legally sound will that accurately reflects your wishes regarding the distribution of your assets and the appointment of guardians for minor children, if applicable. Ensure that your will complies with the laws and regulations of your country of residence.
Choose a Registration Method: Research the available options for registering your will in your country of residence. Some countries may have specific government agencies or registries responsible for will registration, while others may recognise wills registered with private institutions or notaries.
Complete the Registration Process: Follow the prescribed procedures for registering your will, which may include submitting the document to the relevant authority, completing registration forms and paying any associated fees. Be sure to retain copies of all registration documents for your records.
Review and Update Regularly: Review your will periodically to ensure that it accurately reflects your current circumstances, wishes and intentions. Life changes such as marriage, divorce, the birth of children, or acquiring new assets may necessitate updates to your will.
Benefits of Registering Your Will
Legal Validity: Registering your will adds credibility and authenticity to the document, making it legally enforceable and recognised by courts and authorities.
Prevent Disputes: A registered will provides clarity and certainty regarding your intentions, reducing the likelihood of disputes or challenges among beneficiaries.
Expedited Probate Process: Registering your will can streamline the probate process by providing clear instructions for the distribution of your estate, thus facilitating a faster resolution of your affairs.
Peace of Mind: By registering your will, you can have peace of mind knowing that your wishes will be carried out and your loved ones will be provided for according to your instructions.
Registering your will as an expatriate is a proactive step towards ensuring that your assets and belongings are distributed according to your wishes after your passing.
By consulting legal experts, carefully drafting your will, choosing a suitable registration method and staying informed about the legal requirements, expatriates can safeguard their legacies and provide for their loved ones even from afar.
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In the UAE, living together as an unmarried couple is not explicitly illegal. Recent legal reforms have removed criminal implications, offering a more comfortable environment for cohabiting couples. However, it is crucial to note that while not illegal, the UAE legal system does not grant unmarried couples the same rights and recognition as married counterparts.
Acknowledging the growing number of tourists from Western countries who may seek investment opportunities and prolonged stays in the UAE, the government has embarked on a comprehensive series of legal reforms.
These reforms represent a significant legal evolution, tackling key issues such as divorce, inheritance laws, and addressing sensitive matters like honour killings. Aimed at improving the quality of life for expatriates in the UAE, these initiatives include legal amendments concerning live-in relationships.
The concept of living together in the UAE frequently ignites the interest of both expatriates and residents, sparking uncertainty and prompting a plethora of questions regarding its legality and societal acceptance.
Let's delve into these common inquiries and explore the experience of living together in the UAE, covering legal aspects, societal perspectives, and essential considerations.
Is Living Together in the UAE Legal?
Living together as an unmarried couple is not expressly prohibited in the UAE. The implementation of recent legislation has effectively eliminated its classification as a criminal offense, thereby creating a more comfortable environment for couples in informal partnerships to stay in the UAE.
However, it's vital to recognise that the legal system in the UAE does not recognise unmarried couples in the same way it does to married ones. This absence of legal recognition may influence several facets of life, encompassing residency, inheritance rights and healthcare access.
What are the Implications?
Living together without being married can carry legal consequences. Unmarried partners do not possess the same legal rights and protections as married individuals. This disparity can affect various aspects, such as the accessibility of joint bank accounts, shared assets and specific healthcare benefits for unmarried couples.
What are the Societal Attitudes?
In the UAE, renowned for its cultural diversity and tolerance, societal attitude towards unmarried cohabitation can vary. Marriage is highly valued in the UAE, and certain traditional communities may view living together without formal marriage differently.
Though not illegal, unmarried couples may face challenges regarding legal recognition and societal acceptance.
By understanding the legal landscape, respecting cultural norms and seeking appropriate guidance, unmarried couples can navigate their living together journey in the UAE with clarity.
(The writer is a legal associate at Dubai-based NYK Law Firm)
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The United Arab Emirates has recently amended its laws regarding abortion, introducing changes aimed at streamlining the consent process and prioritising the health and well-being of pregnant women.
In the UAE, medical professionals are permitted to perform abortions under two circumstances:
1.When the pregnancy jeopardises the life of the pregnant woman.
2. When fetal deformity is confirmed.
However, in both cases, specific conditions must be met, as stipulated by the law.
The amendments to the UAE's abortion law focus on two primary areas: consent requirements and maternal health protection.
Previously, obtaining consent for an abortion in the UAE often involved complex procedures, with strict requirements for medical, legal, and religious approvals.
The revised law seeks to simplify this process while ensuring that pregnant women have access to safe and medically necessary abortions when required. Under the amended law, the consent of a pregnant woman is paramount, with medical practitioners required to obtain informed consent directly from the patient before proceeding with an abortion. This shift emphasises the autonomy and agency of pregnant women in making decisions about their reproductive health.
Furthermore, the amended law introduces safeguards to protect the life and health of pregnant women. In cases where an abortion is deemed medically necessary to preserve the woman's life or prevent serious harm to her health, the procedure may be performed without the need for extensive consent requirements or legal approvals.
Commenting on the changes to the UAE's abortion law, Gayatri Jayesh, Legal Associate at Dubai-based NYK Law Firm, highlighted the significance of prioritising maternal health and autonomy. "The amendments represent a positive step forward in aligning UAE laws with international standards on reproductive rights. By placing greater emphasis on the consent of pregnant women and ensuring timely access to safe abortion services, the UAE is promoting the health and well-being of its female population," she said.
She further emphasised the importance of balancing the rights of pregnant women with societal and cultural considerations, stating that "while the amendments mark progress in safeguarding women's reproductive rights, it is essential to continue promoting education and awareness around reproductive health and contraception to prevent the need for abortions wherever possible. Additionally, ongoing efforts are needed to address stigma and discrimination surrounding abortion in UAE society".
The changes to the UAE's abortion law reflect a broader shift towards recognising and protecting women's reproductive rights and health. By simplifying consent procedures and prioritising maternal health considerations, the amendments aim to ensure that pregnant women have access to safe and medically necessary abortion services when needed, while also upholding cultural and societal values.
Moving forward, continued advocacy, education, and awareness efforts will be crucial in promoting reproductive rights and advancing gender equality in the UAE.
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"Till death do us part" – all marriages begin with this vow, yet many eventually part ways due to indifference and incompatibility between partners.
But have you heard about pets being the reason for divorce? Yes, pets have become a major cause of divorce in Kuwait.
According to reports, in 2023 alone, 40 cases of divorce among Kuwaiti couples were attributed to disputes arising from the care and attention given to cats and dogs within the household.
Cats and dogs are often the main instigators; partners feel that their spouses are more caring and affectionate towards the pets than towards their own family.
As pets become integral parts of the family, it's not easy to separate from them as individuals become psychologically attached to them. In one peculiar case, a husband contended that his partner's focus on the dog deprived him of the attention and care he deserved. In court, he lamented, "She should prioritise taking care of me over the dog that consumes all her attention."
The issue isn't limited to dogs; disputes over cats also arise, with some issuing ultimatums like, "It's either me or the cat." These disagreements often reach a deadlock, as neither side is willing to compromise on their pet-care practices.
However, this is not the only bizarre reason for divorce in Kuwait. Recently, a Kuwaiti man filed for divorce due to his wife’s obsession with olives. Yes, you heard it right – olives.
According to media reports, the husband's grievance revolves around his wife's fondness for olives, a preference he finds intolerable due to his aversion to the fruit's smell. Despite his efforts to address the issue with his wife and explain his discomfort, their differences persisted. Allegedly, the wife's refusal to compromise on her love for olives prompted the husband to file a lawsuit seeking damages for the purported harm caused by her culinary choices.
The list doesn’t end here; couples have their reasons to part ways, ranging from random pet peeves to food choices or daunting habits.
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Here's the process of drafting wills by Sharia law through the guidance provided by the Grand Mufti, who recently conducted a forum in Dubai.
In Islam, the act of drafting a will is not only highly recommended but can become an obligatory duty, particularly when trusts or other people's properties are involved, according to the Grand Mufti in Dubai. The Islamic Affairs and Charitable Activities Department (IACAD) in the Emirates recently organized a forum to elucidate the reasons behind writing wills and their impact on communities.
Dr. Mohammed Eyada Alkobaisi, the Grand Mufti at (IACAD), emphasized that writing a will becomes mandatory in cases where trusts and properties of others are involved without proper proof. In such instances, it becomes an obligation to draft a will specifying these liabilities to safeguard the rights of others.
The significance of writing wills is underscored by the words of Prophet Muhammad (Peace be upon him), who stated, "It is the duty of a Muslim who has something that is to be given as a bequest not to spend two nights without writing a will about it."
When it comes to the process of writing a will in accordance with Islamic law, Alkobaisi pointed out that there isn't a specific formula. However, he stressed the importance of including all necessary details to address pertinent issues.
Here are some key points:
Commence the will with the customary Islamic phrases, including Bismillah and praising Allah Almighty, followed by the two testimonies.
Clearly state the content of the will and what the person wishes to include.
Typically, the will encompasses moral and social advice for family, friends, and the wider Muslim community.
Having witnesses attend or sign the will is highly recommended to validate its authenticity and prevent potential disputes.
Regarding Sharia law, Dr. Alkobaisi clarified that a will can only involve up to one-third of the entire inheritance and must be designated to someone who is not an heir. If a will exceeds one-third, only one-third will be considered during execution, unless heirs unanimously agree otherwise. Additionally, if a will is made to an heir, it will not be executed unless the heirs collectively consent.
The Grand Mufti also highlighted that individuals can voluntarily write wills during their lifetime, allocating a portion of their money or property to be executed after their demise. This can also extend to specifying donations or allocating funds for a particular cause.
In case of disputes or denials, Dr. Alkobaisi emphasized that a will must be proven through legal proof as prescribed by Sharia law for execution. The recent forum organized by Iacad aimed to delve into the latest developments related to wills under Sharia commandments and revive the practice of writing wills within the community.
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Family law disputes in the United Arab Emirates (UAE) often involve personal and emotional issues. Recognizing the need for a sensitive and constructive approach to conflict resolution, the UAE has adopted mediation as an effective means of resolving family disputes.
This article examines the role of mediation in the context of family law informational, supportive legal framework, and benefits for families seeking amicable solutions.
Legal Framework
Mediation in family law matters is facilitated by the UAE’s commitment to alternative dispute resolution mechanisms.
The Constitution Act No. 28 of 2005 on Personal Status (Personal Status Act) and its amendments laid the foundation for the settlement of family disputes through mediation. Additionally, community family guidance centres and centres to provide mediation services have been established.
The key features of mediation in family law:
Volunteers: In family law, mediation is voluntary, with the parties voluntarily choosing to participate in the process. It ensures that both sides are committed to a mutually acceptable solution.
Privacy: Mediations are confidential, encouraging an environment where the parties can openly discuss their concerns without fear of publicity. This confidentiality is essential to dealing with challenging family issues.
The mediator’s neutrality: Mediators play a neutral role, guiding the parties through negotiations without taking sides. This neutrality helps to create an environment conducive to open communication and cooperation.
Empowerment of stakeholders: Mediation empowers the parties to participate actively in the decision-making process. Unlike traditional court cases where decisions are set, mediation allows individuals to negotiate the outcome, giving them a sense of ownership over the decision.
Relationship Safety: One of the main advantages of mediation is its focus on preserving relationships, especially in family matters. By fostering respectful communication, mediation aims to reduce the negative impact of conflict on family relationships.
Simple and timely maintenance: Mediation is known for its flexibility in dealing with unique family dynamics and formulating solutions to meet the needs of the parties involved. Additionally, the process is generally faster than traditional disputes, leading to timely resolution.
Steps in the mediation process include:
Introduction and Declaration: The mediation process begins with an introduction to the mediation process, followed by an agreement to participate voluntarily.
Summary: The mediator gathers information about the family situation, and makes sure that the available information is well understood.
Open discussion: The parties discuss the matter openly and simply under the guidance of a mediator. This stage encourages the exploration of possible solutions.
Negotiations and Contracting: Upon discussion, the parties negotiate and reach a mutually acceptable agreement. The mediator helps formalize the issues.
Conclusions and Applications: After signing a contract, it gets formalized, initiating the process to implement the terms, often accompanied by the inclusion of legal documents.
Mediation emerged as a powerful tool for resolving family law disputes in the UAE, consistent with a cultural emphasis on reconciliation and peaceful resolution. Mediation empowers families to tackle challenges, develops understanding, and preserves and builds relationships by offering a confidential, voluntary, and transitional process.
As the UAE continues to prioritize alternative dispute resolution mechanisms, mediation stands as a testament to the country’s commitment to creating a supportive and compassionate legal system for families in times of conflict.
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The United Arab Emirates (UAE) stands as a beacon of cultural diversity, accommodating a global population with varying religious and cultural backgrounds. In this inclusive environment, the legal system recognizes and respects personal freedom, particularly in the context of non-Muslim marriages.
At the heart of family matters in the UAE, including marriage, divorce, and inheritance, is the UAE Personal Status Law (Federal Law No. 28 of 2005). This legal cornerstone upholds the principles of personal freedom, enabling individuals to choose their life partners and conduct marriage ceremonies in accordance with their faith and customs.
Recognition of Non-Muslim Marriages
Non-Muslim marriages in the UAE receive legal recognition, with the legal system acknowledging the diverse personal status laws of non-Muslim residents. This flexibility allows non-Muslims to marry according to the traditions and religious laws of their native countries, fostering a multicultural and tolerant society.
Legal Requirements for Marriage in the UAE
To engage in a legal marriage in the UAE, individuals must meet certain criteria. The minimum age for marriage is 18 years old, and individuals should provide the necessary documentation, including passports, residence visas, and a Certificate of No Impediment. This certificate attests to an individual's eligibility for marriage. Moreover, a notice of intent to marry must be submitted to the embassy or consulate of the non-UAE citizen's home country.
Introduction of Civil Marriage in the UAE
To accommodate the diverse population, the UAE has introduced civil marriage—a lawful union solemnized under a civil contract. This initiative allows UAE residents, tourists, and visitors to apply for marriage in accordance with civil laws.
Conditions for Contracting a Civil Marriage
UAE's Global Example
The UAE's approach to non-Muslim marriages not only reflects its commitment to personal freedom but also sets a positive example for countries globally. Embracing rich cultural diversity, the UAE showcases the potential for harmonious coexistence in a society that values inclusivity.
The legal recognition of non-Muslim marriages in the UAE, coupled with the introduction of civil marriage demonstrates the nation's commitment to fostering an environment where individuals can embrace their diverse backgrounds and celebrate the unity that comes with love and marriage.
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The United Arab Emirates is a diverse country, home to people from various nationalities, cultures, and religions. While the UAE predominantly follows Islamic law, it also respects the rights of non-Muslim residents and other expatriate.
Non-Muslim divorce proceedings in the UAE are primarily governed by Federal Law No. 28 of 2005, also known as the Personal Status Law. This law applies to non-Muslims, including expatriates and foreign residents, in matters related to marriage and divorce. This article aims to offer an extensive guide detailing the process by which non-Muslims can initiate divorce proceedings in the UAE.
Divorce Procedure for non-Muslims
The new UAE Federal Personal Status Law (Federal Law No. 41 of 2022), which went into force in February 2023, is adhering to this decision. This law gives non-Muslim expats the choice to ask a UAE court to use the laws of their native country in family-related cases like marriage, divorce, child custody, and similar concerns.
The divorce petition will be drafted by a lawyer and submitted to the Dubai court. Following the submission of the petition, the court will assess the case and may request supplementary documentation or proof. Both parties may be obligated to participate in court hearings.
In certain instances, the court may propose mediation as an avenue for reconciliation before advancing with the divorce proceedings. If reconciliation proves unattainable, the court will issue a verdict, allowing the divorce if the divorce grounds are substantiated. Either party retains the option to challenge the court's decision within 30 days from the date of the judgment. Typically, the following documents are required when filing for divorce in the UAE; marriage certificate, passports and residence visas of both spouses, financial documents, and custody agreement if children are involved.
When the legal system of the parties' home country does not address a specific component of the divorce procedure, the UAE courts maintain the right to apply UAE law.
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Business succession planning determines the future operation process and ensures a secure future for the business. Will play an important role in business succession planning. A Will ensures a smooth transition and minimises the stress on the transfer of business and assets to the successor. A will determines the distribution of assets and the administration of the business.
A will is a legally binding document that specifies who will inherit an individual's property after their passing. The will is made to pass through a probate where the Court determines the validity and oversees the administration of the will by the wishes of the deceased. Despite the perception that a will's primary function is to distribute property and assets, it is also used to choose guardians for minors and make burial preparations.
As Islam is UAE’s official religion, inheritance matters are subject to the Sharia Law. All matters of inheritance are under the Civil Transactions Law and UAE’s Personal Status Law. In the case of Non-Muslim Inheritance, the UAE Civil Code allows the application of their laws in matters of inheritance as per Article 17 (1) Federal Law No 28 of 2005 allow Non-Muslim expatriates to prepare their will by their country’s laws for properties owned by them in the UAE instead of the Sharia Law provided that they have been translated into Arabic and duly notarized at the time of adjudication of inheritance before the courts of UAE.
The establishment of the first division for non-Muslims' inheritance and the carrying out of their wills has been declared by Dubai Courts. The department's mission is to provide non-Muslims with a framework that ensures the execution of their laws and the administration of their probate procedures.
A will is essential to business succession planning. Consulting a wills and succession lawyer will ensure that it adheres to regulations and the owners’ wishes is imperative.
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Succession planning is a crucial process that ensures the smooth transition of leadership within a company. It involves identifying and developing individuals who can step into the roles when the requirement arises, whether due to retirement, promotion, or unforeseen circumstances. Organisations must follow five critical steps that provide a solid framework for identifying, developing, and retaining talent for an effective succession plan.
Recognising Key Positions and Successors:
The first step in a succession plan is to identify the key positions that require a succession plan. These positions are critical to the company's operations, strategy, and long-term success. Once identified, organizations must assess and identify potential successors for each key position. It involves evaluating employees based on their skills, performance, potential, and alignment with the company's values and culture.
Developing Successors:
After identifying potential successors, the next step is to invest in their development. Making personalised development plans that concentrate on acquiring the skills and competencies required to fill the selected positions is a step in this process. Organisations that invest in the development of potential successors not only focus on future leadership positions but also boost their general engagement and dedication to the business.
Building a Leadership Pipeline:
An effective succession plan requires the establishment of a robust leadership pipeline. This involves identifying and developing talent at different levels, not just for key positions. By nurturing a culture of leadership development, organisations can ensure a steady supply of skilled professionals ready to step into critical roles. Developing a leadership pipeline helps mitigate the risk of a leadership vacuum and fosters a sense of stability and continuity within the organisation.
Implementing a Succession Management Process:
Organisations need to establish a formal succession management process to ensure the success of a succession plan. This process involves regularly reviewing and updating the plan to adapt to changing organizational needs and talent dynamics. It also includes monitoring the progress of potential successors, providing feedback, and adjusting development plans accordingly.
Assessing and Retaining Top Talent:
The ongoing evaluation and retention of outstanding talent is the crucial last phase in a succession strategy. Regular performance reviews, talent evaluations, and feedback systems aid in identifying high-potential people who are prepared to take on more responsibility company. By recognising and rewarding top talent, organisations foster a culture of excellence and create an environment where ambitious employees are motivated to stay and contribute to the company's long-term success.
Following the five critical steps outlined above, organisations can ensure a smooth transition of leadership and secure a strong foundation for the future. With a robust succession plan, organisations can mitigate risks, nurture talent, and maintain a competitive edge in an ever-changing business landscape.
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In romantic relationships, pre-nuptial agreements have become an increasingly popular aid for couples to safeguard their financial interests and clarify expectations before marriage.
Normally seen as a practical perspective to address potential challenges in the future. Pre-nuptial agreements, commonly referred to as prenups, offer advantages and disadvantages.
Pros of Pre-Nuptial Agreements:
Asset Protection:
One of the primary benefits of a prenup is the ability to protect individual assets acquired before the marriage. This includes properties, investments, businesses, and other financial holdings. A prenup can ensure that these assets remain separate and unaffected by potential disputes or divorces, offering peace of mind to both parties involved.
Clarification of Financial Rights and Responsibilities:
By establishing a prenuptial agreement, couples can outline financial expectations during marriage. This includes decisions regarding property division, spousal support, debt management, and the handling of joint assets. Having these matters clarified in advance can prevent misunderstandings and potential conflicts in the future.
Preservation of Family Wealth:
Individuals from families with significant wealth often utilize prenuptial agreements to preserve family assets for upcoming generations. A prenup can ensure that family businesses, inheritances, and other valuable assets are safeguarded and retained within the family.
Reduction of Financial Stress:
With a prenup in place, couples can alleviate the financial stress that may arise during divorce. By setting a clear structure and direction for asset division, the negotiation process can be expedited, reducing legal fees and emotional strain for both parties involved.
Cons of Pre-Nuptial Agreements
Undermining the Principle of Marriage:
Critics argue that prenuptial agreements undermine the notion of marriage as a lifelong commitment. They believe that it will introduce a sense of contingency and mistrust, potentially damaging the emotional foundation of the relationship.
Potential for Future Disputes:
While prenuptial agreements aim to prevent disputes, poorly drafted or unfair agreements can lead to more conflicts in the future. If the terms of the agreement are deemed unjust or outdated, it may be contested, resulting in prolonged legal battles and added emotional strain.
Inflexibility:
Circumstances can change over time, and what may have been agreed upon in the past may no longer be suitable or fair in the present. A prenuptial agreement can limit the flexibility of both parties to adapt to new situations, potentially leading to frustration and resentment.
Pre-nuptial agreements offer a range of benefits and drawbacks that couples should carefully consider before entering into such agreements. They can provide security, asset protection, and clarity. But they also carry the risk of damaging trust, creating imbalances, and limiting future flexibility.
Each couple's circumstances and values are unique. Individuals should engage in open and honest conversations with their partners and seek legal advice when considering a prenup. By understanding the pros and cons, couples can make informed decisions that best suit their specific needs and aspirations for their relationship.
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Guardianship entails a legal bond between a child and a guardian, granting the guardian the duty and authority to make essential decisions about the child's well-being and affairs.
They must provide the child with shelter, health, welfare, and education and are legally liable for the child.
A custodian and a guardian are two distinct notions according to the UAE Personal Status Law. A custodian is an individual who takes care of the child daily and has physical custody of the child.
A guardian is responsible for the child's financial support, whilst the custodian is in charge of physical custody and care. The UAE courts also allow expats to apply their home country's laws if certain conditions are met.
The mother has the first right to be a caretaker, followed by the father. Unless the mother is unsuitable to care for the children, the mother's right to be a custodian will expire when her daughter reaches the age of 13 and her son reaches the age of 11. Only after the children reach the age of consent will the father be able to seek custody.
The right of guardianship is granted to the father and subsequently to the grandfather, according to Article 181 of the UAE Personal Status Law. The guardian is responsible for the child’s education and upbringing. The guardian will also have visitation rights toward the child.
According to Article 107 of the UAE Personal Status Law, the judge has the authority to issue a decree that establishes the financial support for the wife and children, determines the custodial parent, and outlines the visitation rights of the non-custodial parent.
The court is responsible for determining visitation rights and must provide particular facts in the visitation order. Adoption of the Manual of Procedures for Organising Personal Status Matters in Dubai Courts (Dubai Decision) is only effective in Dubai. This involves naming the days, times, locations, descriptions, and individuals who are authorized to exercise visitor privileges.
The order should specify whether or not off-site trips are permitted during school days, holidays, and vacations. The judge has the discretion to allow overnight stays of the child with the visiting party unless it is deemed contrary to the child's best interests.
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Irrespective of the general law and legal principles concerning child custody rights, the UAE laws also allow parents to enter into child custody arrangements of their own. This is a common route chosen by divorcing couples, as it provides them with more flexibility and control to determine the various rights concerning the child.
The factors that are to be considered when entering into a child custody agreement include:
Keeping the same in mind, the emirate of Abu Dhabi has recently enacted a new decree-law on ‘Personal status for non-Muslims in the emirate of Abu Dhabi. The new decree now allows parents to retain ‘joint custody of children after divorce. It applies to any non-muslim foreigner, whether it be a male or female, who has his or her domicile, place of residence, or place of work in the emirate of Abu Dhabi and thus comes under the direct jurisdiction of the Abu Dhabi courts. The new changes are intended to safeguard the children's mental and emotional health.
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Many expatriates in the UAE do not realize the significance of having a Will that is registered legally. If they don't have one, the process of transferring their assets to their rightful heirs after their death can be very time-consuming, and complex.
If you have a registered Will, it can make it easier to transfer your money in bank accounts, end-of-service payments, gratuity payments, death-in-service benefits, investments, personal possessions, property, joint bank accounts, and guardianship of children to your chosen beneficiaries without any legal complications.
In the UAE, a non-Muslim may register their will and leave the inheritance to anybody they like by naming them as the beneficiaries.
Inheritance in the UAE is mainly governed by two Federal Laws: the Personal Affairs Law of No.28 of 2005, which allows non-Muslim expats to choose the law of their own country for asset distribution in the UAE, and the UAE Civil Code.
According to the new Civil Personal Status which came into action in 1 February 2023, the beneficiaries, as specified in your home nation's will, must have the original will notarized and legalized by the appropriate authorities in your home country and the UAE Embassy/Consulate, also there.
You can now register your Will online by having a video conference call with either the DIFC Wills Service Centre or the Abu Dhabi Judicial Department. Before the registration appointment, you will need to upload all the necessary documents and IDs. During the virtual appointment, an Authorized Officer will review the Will with you and witnesses via video link, and complete the registration process.
The Abu Dhabi Judicial Department has established rules for non-Muslims who own assets in the UAE regarding inheritance and succession matters. This new office provides non-Muslims with assets in all Emirates the option to manage their inheritances. The DIFC Wills Service Centre allows eligible non-Muslims to register their English Wills according to the testamentary freedom codes, giving them the power to distribute their UAE or global assets after their death. Non-Muslims can also have a bilingual Will notarized by a Notary Public in the Dubai Local Courts.
Article 6 (a) of Dubai Wills Law states that a register known as the ‘Register of Wills of non-Muslims’ has been created at the Dubai Courts and at the DIFC Courts to register the Wills of non-Muslims.
The individual making a Will should have the updated details of:
After the Will is prepared, it has to be:
It is always recommended to consult a lawyer with expertise and proficiency in drafting the will and succession planning. With proper guidance and support from the legal consultant this tedious process works out in no time.
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Making a will is a crucial step to ensure that your possessions are transferred after your death following your preferences. By registering your will, you can increase your protection and carry out your interests as per your wish. It is preferred to consult an expert lawyer, who specializes in will and succession planning. The steps below will guide you on the information you need to know about will registration in the UAE.
In summary, registering your will in the UAE can bring further peace of mind and help you avoid future complications. Ensure that your will is legally valid and correctly registered in the UAE by following the processes indicated above and enlisting the help of an experienced lawyer.
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To boost the contribution of family businesses to the country’s economy and attract more businesses to establish operations in the Emirates, the Arab world’s second-largest economy has launched a new Family Business Law called the Federal Decree-Law No. 37 of 2022 under the Ministry of Economy.
The law came into effect on January 2023. The new law will adhere to best global practices and seek to improve the nation's corporate governance structure. It will help double family-owned businesses’ contribution to the nation's GDP to $320 billion in 2032 by preparing them for the future economy.
The average age of family-owned businesses in the GCC nations is between 40 and 60 years old. These businesses have an annual revenue of close to USD 100 billion, and 50% of their owners are five or fewer shareholders.
The Ministry of Economy announced that Thabat Venture Builder, the first initiative of its kind in the area, will support businesses through a five-month program where they will examine how ideas can be transformed into workable business projects by utilizing emerging technology.
By 2030, the program hopes to turn 200 family business projects into significant businesses with a market value greater than AED 150 billion ($40.84 billion) and AED 18 billion in annual revenue.
According to the ministry, the new law applies to all family-owned businesses that are currently operating in the nation, as well as the owners of the majority of the company's shares who choose to register it as a family company in the unified register following the law's requirements.
The law also governs the right of redemption, the evaluation of shares and their categories, the family company's acquisition of shares, the capital of family businesses, how partners dispose of their shares, and the procedure for waiving them.
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In the event of a divorce between parents, a particular statutory age will be defined for children before them being allowed to decide as to which parent they want to live with.
According to Ahmad Abdul Kareem, head of the family reconciliation and guidance section at the Dubai Courts and chairman of the custody committee in the emirate, a decision will be taken that will allow children of legal age (15 for boys and 18 for girls) to choose whether they want to live with their mother or their father.
The Custody Committee, affiliated with the Dubai Courts, was formed in April 2022 under decree No. 7 of 2022 issued by Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Dubai Judicial Council.
According to Ahmad Abdul Kareem, the committee has performed 32 eligibility reports on the social, psychological, physical, and legal conditions of people seeking custody. He described the current process by stating that the court appoints a committee to oversee the administration of a custody eligibility study considering the suitability of the guardian for custody.
After that, a member of a specialized committee from the Community Development Authority's Child Protection Department visits the applicant's residence to investigate the family's financial, social, and economic circumstances and determine whether the applicant can provide the child with a decent standard of living. The participant will also guarantee the applicant for child custody is unrestricted.
The member will also make sure the parent who is seeking custody of the child is healthy and free from any conditions that could endanger the child's life.
The custody committee makes decisions using a majority-vote procedure, and when votes are tied, the chairman of the committee's decision is considered.
Currently, neither the court nor the custody committee is allowed by law to give the children a choice. It just asks for their feedback on a few investigation-related issues and only considers how satisfied they are with the amount of care each parent is providing.
The goal of this law is to safeguard the mental health of children who must endure the trauma of their parents divorcing. It also encourages parents to respect their children's wishes and decisions without coercion and to shield them from the conflicts of divorce.
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Abu Dhabi has introduced a new family law titled “Abu Dhabi Law No. 14 of 2021 On the Civil Marriage and Its Effects in the Emirate of Abu Dhabi” which allows tourists and ex-pats to get married in Abu Dhabi irrespective of their faith and religion. The new law made in accordance with international best practices governs family matters for ex-pats and foreigners and offers tourists a chance to get civil marriage certificates. This introduction places the Emirate competitively in the entire region as a liberal business and tourism hub by granting personal rights and freedoms that are not available in other jurisdictions.
Under directions by Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of the Presidential Court, and Chairman of the Judicial Department of Abu Dhabi, the Abu Dhabi Judicial Department (ADJD) and the Department of Culture and Tourism (“DCT”) held a coordination meeting remotely via video conference, discussed joint plans to promote the civil marriage services for foreigners provided by the Abu Dhabi Judicial Department(“ADJD”), by informing tourists and visitors traveling to the country about these services and the facilities offered by the Department of Culture and Tourism(DCT) to assist them in organizing wedding ceremonies. DCT will provide the necessary facilities to foreigners who want to get married.
Hesham Elrafei, the legal counsel for the Abu Dhabi Judicial Department further explained how the system works. Civil marriage and divorce law is based on secular laws rather than Sharia law. Both spouses don’t have to be residents in Abu Dhabi or the UAE to marry in Abu Dhabi. In fact, tourists can even apply online for civil marriage in Abu Dhabi from abroad by submitting the application online and scheduling the ceremonies to come to Abu Dhabi and sign their marriage certificate. He also noted that the court has already started receiving applications from people in other emirates and outside the UAE wanting to marry in Abu Dhabi. A new court has been set up to handle non-Muslim family matters that will operate in English as well as Arabic.
Abu Dhabi is offering a legal solution for couples who can't get married elsewhere. It's not only the safest city in the world but also a modern, progressive, open-minded, cosmopolitan city where you can enjoy the warm turquoise beaches and high-end restaurants and shopping malls, in addition to tying the knot without any bureaucracy and religious restrictions.
Abu Dhabi currently is the only city in the Arab world to implement civil laws for foreigners and non-Muslims in matters of personal status, further cementing its possie and repute as a destination for competencies and expertise from all over the world.
Those interested in knowing the procedure for registering their marriage under this new law may head to the Abu Dhabi Judicial Department website and go to the Civil Court section to register their marriage.
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Parents do not share equal duties for a child in the UAE, because of this child custody and guardianship are specific problems that are addressed individually. Custody requires providing for the child's everyday needs. The Custodian has physical custody of the child and is responsible for raising the youngster. The mother is often given custody without interfering with the father's rights as the child's Guardian. The child custody regulations specify that a parent must share the child's faith. If the father's religion determines the child's religion, then if the father is Muslim, the child is Muslim as well. The woman may lose her parental rights if she is not Muslim.
The Personal Status Law No. 28 of 2005 is the principal law addressing family and child-related matters in the UAE. The Personal Status Law emerged from the traditional Sharia and took into account the changing requirements of contemporary society. This legislation controls all child-related topics, with a particular emphasis on their rights.
The provisions of this law apply to non-UAE nationals unless they adhere to their native laws, subject to the provisions of Articles 12, 13, 14, 15, 16, 17, 27, and 28 of Federal Law No. 5 of 1985 of the Civil Transactions Law of the UAE, as amended.
Cases involving child custody in which one parent accuses the other of neglecting their children are very complex and emotionally distressing. In the context of family law, any action or conduct by a parent that endangers a child's bodily or emotional health can be deemed abuse or neglect. Due to the gravity of charges of child neglect, parents seeking custody, or a modification of an existing custody arrangement must inform the judge that the other parent is negligent and gather proof that the actions or inactions of the other parent constitute neglect.
Examples of neglect include the following:
• Failing to provide sufficient and adequate food
• Failing to provide weather-appropriate clothing
• Failing to provide regular schooling as mandated by law
• Failing to provide medical attention
• Failing to provide a hygienic and suitable living environment
• Failing to do or authorize any act necessary for the children's physical or moral betterment
What does the legislation of custody and guardianship in the United Arab Emirates entail?
The word "custody" is defined under the Personal Status Law as the maintenance, upbringing, and care of a child without interfering with the rights of the child's Guardian. The Personal Status Law, article 178 stipulates that the word "guardianship" includes both "guardianship of the person" and "guardianship of property."
The care for all the minor's affairs encompassed by guardianship includes supervising, protecting, nurturing, educating, and preparing the minor for marriage, as well as managing his life and agreeing to his marriage. Includes guardianship, curatorship, and legal representation it also comprises protection of the property, administration of the property, and investment of the property.
At what point is it feasible for the mother to lose custody of the child?
In most circumstances, the mother will have custody of the child. The law puts additional criteria on the mother that she must fulfil to preserve her position as the child's primary caregiver. When a woman cannot marry another man, the Personal Status Law mandates that the child's care must have the same religious views. This is mandated under Article 144 of the statute.
Depending on the facts of each case, the mother may lose custody if she does not meet these requirements.
What are the fundamental requirements for someone to become a guardian?
The provisions of Chapter 9 of the Personal Status Law talk about Guardianship and Article 215 of the Personal Status Law mentions the eligibility for a guardian.
The Guardian is required to fulfil the following requirements:
• Legal age,
• With a sense of responsibility,
• Trustworthy,
• Competent to fulfil the duties associated with being a guardian.
According to the heirship order, the responsibility of looking after the kid will first and foremost fall on the shoulders of the biological father, and then it will be passed on to the paternal relatives in ascending order. If no one is legally qualified to act as Guardian, the court must select a guardian for the child from among their blood relations.
Will the mother retain custody of her children until they are of legal age to make their own decisions?
The law specifies that after the child reaches the age of 11 (for boys) or 13 (for girls), the mother loses her claim to custody (for girls). If the parents cannot agree on child custody once more, the judge has the discretion to continue assigning primary physical custody to the mother until either the male kid achieves the age of majority (21 years old) or the female child is married.
In conclusion, family-related issues are significant in the United Arab Emirates and most other countries where Sharia principles are observed. Integration of Islamic teachings and civil norms is essential to the laws governing the United Arab Emirates. This integration attempts to create a modern framework while adhering to religious principles.
Although Sharia regulations do not provide the same meaning for certain aspects of the law as countries that follow common law or civil law, decisions regarding the custody and guardianship of a child after the divorce or death of one parent will always be based on what is in the child's best interest.
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Maintenance is a part of Family Law that is covered under the Personal Status Law. Within the UAE, the Personal Status Law controls marriage, divorce, succession, child custody, maintenance, and guardianship (in particular, Articles 142, 143, 144, 149 and 150). It is based on the Sharia Law, which is the interpretation of the Quran and the Prophet's traditions blended with the Sharia principles of the Imam Malik School. The Federal Law No. (28) of 2005 On Personal Status governs spousal maintenance in the UAE, and the wife has the right to petition the court to order the husband to pay her the unpaid support. According to Article 63 of the Personal Status Law, the husband is responsible for his wife and children.
Now although a woman may be working, as per the laws, a man cannot deny paying the woman maintenance on this basis. Although the wage that a woman earns might be a deciding factor on how much the maintenance should be awarded in the end the husband has to provide maintenance & child support. A judicial separation for abstention from support is one type of judicial separation that can occur when the husband fails to pay alimony to his wife. According to Article (124), if the husband refuses to support his wife and does not appear to have the financial means to pay the required alimony, the wife may seek a legal separation. If the spouse claims he is bankrupt but has no evidence to back up his claim, the judge can order an early divorce. If the husband refuses to answer whether he is solvent or insolvent and persists on not supporting his wife, the judge can allow him a month's respite, even if there is evidence of his insolvency.
As per Article 63 of the Personal Status Law, a husband is responsible for his wife & children in the following manner: -
1. Alimony covers food, clothes, shelter, medical care, servicing charges for the wife if she performs such services for her family, and all other necessary maintenance.
2. If the wife's financial situation does not fall below the "sufficiency level," attention will be given to her circumstances, her financial situation, place, and time in determining the amount of alimony.
3. When it comes to determining the type of maintenance to be offered, one eyewitness would suffice to decide the type of maintenance, housing, and other circumstances that should be provided.
Women have the right to reclaim the money they've spent if they can show their husband's failure to pay was due to one of the following circumstances:
1. The terms of alimony are outlined in Article 67, which are as follows: Alimony to the wife is owed as a debt on the husband as of the date of refraining from payment, regardless of a court judgement or agreement. It cannot be forfeited unless it is paid or discharged. Because alimony is due to the wife under a valid contract if she is estranged from her husband, a claim for alimony for a period exceeding three years from the date of bringing the action in court will not be heard unless it is imposed by agreement because alimony is due to the wife under a valid contract if she is estranged from her husband.
2. Alimony is on the father for the child who has no financial resources, according to Article (78), until the girl marries, or the boy reaches the age at which his peers earn a living unless he is a student continuing his studies with normal success. The father is responsible for the child's expenses. If the father's child is missing or without cash, or if the father is unable to support him, the obligation for the child goes to the mother. However, if the father's financial situation improves and the expenses are authorised by him or by the judge, the mother may seek reimbursement from him (Article [80]).
If the husband pretends that he is not able to pay the alimony and is found guilty later then the law says a quick divorce is possible. If he could prove that he is in a difficult position, then the judge can give him 30 days to settle the things. A woman must prove to the court the status and financial level of her husband. Alimony is defined by law under Article 67, where it is always payable to the wife by the husband and there is no relaxation here. If it is not paid, then the court can also give an order that it should be considered a Debt. It shows that it must be paid by the husband at any cost. Recently a new standard of fixed payments has been introduced where a woman may ask for alimony as per the amounts defined by federal law.
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When a person dies intestate that is without a will, the assets owned by such person are passed on to their legal heirs after the Court has verified the legitimacy of ownership. In such a situation the Succession Certificate comes into view so as to give the holder of the death certificate the authority to take over the assets of the deceased person.
As per the general rule, the succession matter for Muslims in the UAE is guided by Sharia Law which is a system of Islamic law based on the Quran. Sharia Law is not codified and is capable of adaption, development, or interpretation. For non – Muslims the country’s law of the deceased may be applied if any Will hadn’t been made.
For determination of the legal position of a deceased person leaving assets in the UAE and for matters of inheritance as well as succession, the UAE Civil Code (Federal Law No. 5 of 1985) as amended (“Civil Code”) and The Law of Personal Affairs (Federal Law No. 28 of 2005) as amended (“Personal Affairs Law”) are applicable.
All assets, including bank accounts, and shared assets, of the deceased will be frozen under Article 379(4) of Federal Law Number 18 of 1993 Issuing the Commercial Transactions Law (“Commercial Transactions Law”) until the Court does not decide on inheritance and issues a succession order.
The Succession Certificate is only required if the deceased’s estate and assets are in the UAE and are required to be distributed amongst the legal heirs. Given below is the procedure to obtain a succession certificate -
1. In case of a person’s death, a death certificate is issued. The death is registered by the Ministry of Health and Prevention, the death certificate and translation are further attested by the Ministry of Foreign Affairs and International Cooperation, and the Department of Naturalisation and Residency cancels the visa. The process for registering a death might vary from emirate to emirate and depending on the religion and the residential status of the deceased.
2. The executor or a close relative of the deceased should apply to the Shariah Court to institute succession proceedings.
3. The Shariah Court has jurisdiction to review any application for a death declaration as well as identification of the survivors of the deceased and further conduct any proceedings relating to succession for a Muslim or a non-Muslim expatriate.
4. To ascertain the identity of the heirs, documents will have to be provided to the Sharia Court such as passport copies, birth certificates, marriage certificates, and other evidentiary documents that will assist the court in issuing the Certificate of Succession. All the required documents must be translated into the Arabic Language.
5. If the deceased has left a Will, it should be submitted to the Sharia Court.
6. If a non-Muslim having property in the UAE passes away outside the UAE, the executor or a relative of the deceased would usually file the appropriate succession proceedings before the relevant Court in the home country of the deceased. It is required that the Succession Certificate, issued by that Court is legalized and submitted before the Shariah Court.
7. The deceased’s family members can also authorize any reliable person through a Special Power of Attorney (SPoA) who is notarized by the Notary Public of the Court of the relevant jurisdiction to deal with all the legal obligations and formalities regarding obtaining a Succession Certificate.
The Succession Certificate is thus an important legal document that establishes the relationship of legal heirs with the deceased and further determines the legality of heirs as successors to the deceased’s assets.
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A death in the family could be a traumatic experience for all the other family members. In the absence of a Will, the family is further burdened with huge expenses and difficulties to claim their ownership over the assets. The distribution of assets without the Will could be time-consuming and expensive in connection with the possible legalization or attestation of the relevant extracts of the home country’s law. A registered Will allows the courts to rapidly proceed as per the wishes of the deceased person. The accounts as well as the properties are frozen upon death and cannot be operated without an order of the Court. Writing a Will is important so that no challenges are faced by the family members with respect to each person’s assets.
Importance Of Will Under Sharia Law
The UAE is particularly stringent about Muslims adhering to Sharia Law, hence all of the Muslims' Wills are carried out by Sharia Law. In case of the absence of a Will, the UAE Courts will distribute moveable as well as immovable assets by Sharia Law.
According to Sharia Law, if the death takes place in the UAE and there is no Will, the assets and the bank accounts of the deceased will be frozen. In the event of a man's death with children and no Will in UAE, the preference will be given to the closest male relative who is a family member, and as a result, the mother will be unable to obtain normal custody of the children thus having a negative impact on the custody of the child. The real estate owned by the deceased shall be distributed as per the provisions of Shariah Law in case of the absence of a will.
Importance Of Will Federal Laws In The UAE
The provisions of the will in the UAE are dealt with under the Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (“Civil Code”), and Article 17 which allows non-Muslims to choose the law of their choice for registering their Will as well as to apply the laws of their home country.
In addition, Clause 1.3 of the Federal Law No. 28/2005 on Personal Status Code (‘’Personal Status Law’’) also allows expatriates to choose the law of their home country for the distribution of assets in the event of death. However, the said provision is subject to relevant Articles of the Civil Code.
Choosing Between NOTARY public Wills And DIFC Wills
The importance of Wills in the UAE has increased multi-fold as individuals having assets have realized the importance of protecting their families and guarding them against any future obstacles. So to make the process of registering the Will a bit simpler here are the two ways provided below.
a)Notary Public Wills – These Wills are signed before the Notary Public in the respective Emirates. This option is suitable for individuals having assets in UAE.
b)DIFC Wills – DIFC Courts Wills Service (formerly known as DIFC Wills Service Centre) has been set up specifically to cater to the requirements of non-Muslims owning assets in the United Arab Emirates. To avail of this service, the person must be (i) a non-Muslim; (ii) Over 21 years; (iii) the assets must be situated in the United Arab Emirates and/or outside.
For the safety and security of the future of your family, it is very important to have a Will registered so that they don’t have to face any other traumatic experiences and are provided with financial stability.
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By Arjav Sony
Divorce in the United Arab Emirates isn't as prevalent as you may expect. In spite of this, divorce rates in the Gulf region are among the highest in the region. More than 1,000 divorces were granted in the United Arab Emirates in 2018, however, just a third of them were granted to UAE nationals. Divorce rates in the United States are unusually high for a variety of reasons.
In the United Arab Emirates, divorce and the settlement after it is mentioned under Federal Law No.28 of 2005 for personal affairs. An expedited divorce certificate may be issued by the Personal Status Court, which handles both Emiratis and ex-pats, in less than a month. Most cases are simple and basic, with a few court hearings thrown in as well.
Divorce may be brought on by a wide range of factors. As an example, many divorces are the result of adultery, a lack of communication, financial hardship, or cultural misunderstandings.
Muslims and non-Muslims in the United Arab Emirates go about acquiring a divorce in different ways. To make things easier for foreigners, this article focuses on the judicial system in the United Arab Emirates and the divorce process there. In the United Arab Emirates, Sharia Law governs all divorces.
Legal Grounds for Divorce in UAE
When it comes to divorce in the United Arab Emirates, there are a number of things to keep in mind. Perhaps the most crucial factor in divorce is why the couple is divorcing. In order to proceed, you must first fulfil a number of conditions. Before filing for divorce, the spouse must live in the UAE for at least six months, even though there is no mandatory separation period. Additionally, a divorce may be requested by anybody, regardless of religion or ethnicity.
The divorce process in the United Arab Emirates will have to go via the courts if the parties are unable to come to an agreement. In a disputed divorce, the person filing for divorce must provide a rationale and provide evidence to support their claim.
For a variety of reasons, a couple may opt to terminate their relationship, including divorce. A lack of communication and religious conflicts are among the most prominent reasons for quitting in the United Arab Emirates. However, they are not grounds for divorce in and of themselves. Legal reasons for divorce include factors like mental infirmity, handicap, and non-payment of dowry, however, these are only a few examples.
There may be unanticipated effects to your reasons for divorcing your spouse. Adultery, for example, is a legal basis for divorce in the UAE, but it is also a criminal violation. After the divorce, the putative adulterer may face prosecution or deportation for the crime of adultery. To avoid having to specify and establish reasons for divorce, most attorneys advise their clients to negotiate an agreeable settlement.
The most prevalent legal reasons for divorce in the United Arab Emirates are described in greater detail below-
It is a common cause of marital breakups across the globe, especially in the United Arab Emirates. This occurs when one of the spouses has sexual contact with another person while still married. In order to prove adultery, you'll have to rely on more than circumstantial evidence and suspicions. Perhaps an eyewitness account, pictures, or telephone records are required.
The term "desertion" refers to a situation in which one partner departs the marriage without the other's agreement. In order for a divorce to be granted, a specific amount of time must have elapsed from the couple's separation. Typically, this period lasts between one and two years.
It doesn't matter if the abuse in a marriage is physical or emotional; both are grounds for divorce. The petitioner must present medical records to back up their allegations of mistreatment. There must also be two male witnesses who can back up the claims. Claimants may bring in female witnesses, but only as half witnesses.
Repudiation Article 99 sets out that the rejection might be vocal, writing, or by an understandable sigh (in case of incapacity) (in case of inability). In the husband’s situation, having a free choice but for the wife may do it only if her husband granted her entire autonomy (Article 101) and she is not in the Iddah-waiting time after the divorce – (article 102).
If one of the parties had leprosy, blockage of genital canals, or insanity before or during the marriage, the spouse might petition for the marriage’s rescission. But if the spouse understood this flaw before the marriage, he/she would lose the right to rescission (Article 112). According to article 114, in case of deception, if one of the spouses would not have entered into the marriage agreement had they been cognizant of the deceit, he/she is permitted to use this as a reason for divorce.
The personal conduct legislation puts out in article 116 that the woman in a non-consummated wedding must be proclaimed divorced for non-payment by her spouse of the dowry, however, after fulfilment of the marriage, divorce wouldn’t be possible. Nonetheless, the obligation of the dowry will persist.
In UAE, the two spouses are able to file for a divorce in event of prejudice, however, the Family Orientation Committee should attempt the reunification between both (article 117). If the reunification with the panel is not feasible, the court must appoint a new arbitrator (parents) and attempt to reunite the couple. Throughout the conclusion, if the reunion is not accomplished, the bias must be proven by the legal methods of evidence (article 118-120).
The wife has the right to a judicial divorce if her husband is absent and doesn’t have the ability to afford the alimony (article 129). However, if the husband's whereabouts are unknown, the wife seems to have the right to seek a judicial divorce, which will only be granted after an investigation and search for him for a year (article 130).
When a spouse is imprisoned for more than three years, his wife does have the right to file for divorce after one year (article 131).
If the husband does not provide money or refuses to support his wife, she has the option of requesting a divorce, according to Article 124. The husband's absence seems permissible in accordance with Article 125 if:
(The writer is a Legal Research Intern at The Law Reporters.)
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Persons who are highly successful in business, often find difficulties in managing their individual family finance and investment proposals. This issue is directly linked to family succession plan and distributing the wealth among family members who are typically spouse and children and their spouses
What are the challenges?
1. How to involve family members in decision-making? (especially for investment proposals)
2. How to manage the family fund and cash flow projections
3. How to define the duties and responsibilities of family members who are involved in the business?
4. How to fix remuneration, allowances, and benefits for the working family members (especially among male and female members, sons-in-law, daughters-in-law)?
5. While doing investment (buying assets or starting a business) in whose name the investment to be made (very critical)
6. In case of differences of opinion among family members, how to come to a consensus? (most difficult question)
Finally, the most critical part……….. what should be a succession plan that is acceptable to all?
What is the solution?
To start with a family governance plan
Family Governance plan is similar to Memorandum of Association and Articles of Association of the company that defines the scope of the business, defines roles and responsibilities, and fixes the equity ratio and profit ratio.
Can the Equity (share in the Net worth) and profit-sharing (returns) be different?
Yes of course. In corporates, the working partners get remuneration and perquisites. Same way, the working family members get an additional share, while equity share depends on various factors often governed by religious principles (like Sharia)
Role of a CFO
Consider the above-listed challenges.
A CFO should a person who should be not only confidential but should be strong enough to enforce family governance
1. Doing a feasibility study of an investment or business proposal and giving an independent/unbiased opinion. A proper feasibility study can sometimes save your millions and also gives an opportunity to all the family members to get insights into the proposal and also helps in getting consensus.
2. Vetting of any commercial proposal
3. Have cashflow projections to take care of financial needs from time to time
4. Helping in drafting family governance plan that defines duties, responsibilities, allowances for family members
5. Generate ‘Financial statements’ for the family (Net worth position, Receipts and payments, and profit or loss from investments)
6. Conduct family meetings (similar to Board meetings) with family members.
7. Record minutes of meeting
8. Help in drafting a will or a succession plan
Divorce has aided such people in these situations by allowing them to seek legal separation from their partner. The financially weaker partner is frequently compensated financially by the financially stronger party in order for them to maintain the same level of living following the separation.
Why is alimony necessary?
Marriage signifies the start of a relationship that society expects to last a lifetime. However, this connection does not always run as planned due to personal reasons, causing disruption and making life difficult for both partners. Divorce has aided such people in these situations by allowing them to seek legal separation from their partners. The financially weaker partner is frequently compensated financially by the financially stronger party in order for them to maintain the same level of living following the separation.
Since ancient times, women have been in charge of household matters that considerably impact their careers (making them the financially weaker partner). Therefore, maintenance provided to women helps them stand up for themselves after the divorce and help them in earning their living.
How does inheritance law and divorce work?
Similar to other countries, UAE has its laws to decide on the matter of alimony. In UAE, all inheritance law concerning procedure after a divorce are given under the Personal Status Law, Federal Law No. 28 of 2005. Spousal support may vary based on the facts of a case, as mentioned below:
• Alimony of Mut’aa (Consolatory gift):
In this case, if the husband gives divorce to his wife willingly and without her request, then the wife is entitled to receive alimony as per Article 140 of the Personal Status Law.
The inheritance law states that if the divorce was without the woman’s consult, then she is entitled to receive compensation in addition to the alimony received during the ‘waiting period’. However, the amount of such compensation depends on the financial conditions of the husband, providing that it does not exceed one-year alimony payable in a similar situation. The court may order it to be paid in instalments depending upon the financial capability of the husband.
• Alimony of Idda (waiting period):
The three-month period that commences after the talaq is regarded as the waiting period. Furthermore, if the divorced woman is pregnant, the waiting period lasts until after she has given birth. As per article 69 of law 28 of 2005, alimony and sheltering are due to the divorced woman if she is pregnant and, if she is not, only sheltering is due. Alimony includes clothing, dwelling, food, and medical care. However, a widowed wife cannot claim alimony have, but she can live in the conjugal domicile for four months and ten days as stated in article 70 of the law.
• Wife as the custodian of children:
The Personal Status Law states that the biological mother is regarded as the custodian and the father is the guardian of the child. Custodian is responsible for the day-to-day care of the child, whereas the guardian is responsible for providing financial support, including shelter, food expenses, education and other necessities.
At the time of divorce, if the couple’s son and daughter are below the age of 11 and 13, respectively, their custody is given to the mother. In such a case, the mother receives additional alimony for supporting her children until they reach the age of 11 and 13, respectively.
The amount to be received as alimony solely depends on the discretion of the court. In accordance with Article 63(2) of the Personal Status Law, the following factors are taken into consideration:
o The circumstances of the beneficiary
o The economic condition regarding place and time
o Possibilities of the debtor
o However, support shall be more than the satisfactory limit at all costs.
What has changed?
Previously, the UAE's family law stated that Sharia would be applied to Muslim spouses in regards to child custody, wealth split, and even maintenance.
Until the change went into effect, expatriates had the option of following Sharia law to their divorce procedures or requesting that the court use the law of their home country instead. Furthermore, in circumstances where both parties were citizens of different countries, the legislation of the husband's nation would have applied. However, when the law of their home nations failed to provide justice or did not cover an aspect of divorce, the courts brought the matter back within the Sharia Law's jurisdiction. The new amendment gives the expatriates a better opportunity at receiving alimony as per their home country's law.
Conclusion
Alimony plays a significant role in a divorced woman’s life, and to ensure that their rights are not infringed, the amendment is looked forward to as a way out from disputed cases of inheritance. It increases and simplifies the procedure of applying for a divorce as well as applying for maintenance. This will save the parties to the dispute from both financial harm and emotional breakdown.
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Marriage is a blissful moment in any individual’s life and the situation of divorce is the anathema to it. It shatters the life of the couple, more so to the woman if she is dependent on her husband for her economic needs.
It causes immense stress on the woman if she is an expatriate and the divorce happens on a foreign soil. In order to mitigate the misery that the woman is exposed to in the event of divorce, the UAE Government has redefined the rules governing the issue/extension of her visa.
The redefined visa rule is an olive branch to a divorced woman when she is in deep distress following the divorce. Concerns like the well being and the holistic growth of her minor children are also addressed in the modified rules.
Extension of Residence Visa
The grounds for the separation may be whatsoever. When she is living in the UAE on her husband’s visa or is divorced, the UAE Government grants her an extension of one year on her residence visa subject to production of divorce certificate, prove that she has housing, the ability to earn a wage to sustain herself and the children as well as provide medical certificate of her and her children.
The extension commences with effect from the date when the trial court grants her the legal separation from her estranged husband, provided the visas of the woman and her children were valid at the time of separation. The minor children of the woman are also entitled for the same privileges as that of the mother. Furthermore, the extension thus granted is renewable for once only and does not require a substitute sponsor.
Custody and Guardianship Law
In consideration of the well being of the children following the divorce, the UAE Government has put in place, a law termed as custody and guardianship law. The essential feature of this law is that it assigns specific responsibilities to the mother as well as the father. The custody of the children is granted to the biological mother till they attain the age of 13 in the case of girl and 11 in the case of boys.
The custody which often is granted to the mother involves day–to-day care, including education, medical treatment, religious guidance and accommodation. Usually the mother gets the custody of the minor child if she is able to prove that she is rational, mature, honest, free from any infectious decease and able to bring up a child.
Besides, she is also forbidden from getting remarried without the permission of the court. In certain cases she may also claim the right to extend the custody of the children period until her son has completed the education or her daughter gets married. The father, being a guardian, is liable to provide financial support for upbringing the children.
Visitation Rights
An equally important consideration is visitation. Guardians usually have the right to visit their children and spend time with them. A judge will usually grant one or two such visits to them weekly, unless the settlement is otherwise.
In case the father intends to move the children away from the country, the wife has always the right to restrict such movement with legal aid.
Entitlement and Forfeiture
A divorced woman is also entitled to claim compensation towards accommodation for her as well as her children. The divorced woman is also entitled to education expenses of children, and salaries for any necessary employees such as drivers, maid etc. to the extent of 30% of her ex-husband’s income.
On the other hand, she forfeits any right to maintenance if:
She abandons her marital home
Denying sexual relationship to her husband
Refuses to travel with him.
Conclusion
The effects associated with divorce affect the couple’s children in both, the long and short term. After divorce, the couple experience effects including decreased level of happiness, change in economic status, and emotional issues.
Upon children, the effects include academic, behavioral and psychological problems. Therefore, in the best interest of the progeny, it becomes a responsibility to work-out a meeting ground and resolve marital discords, if any.
By Mr. Ramachandra Yadapadithaya
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Maternity laws: regulations and benefits
Abstract:
Maternity and paternity laws provide for organised rules and regulations for the ease of the parents during the pregnancy and after the birth of their babies. Having mandated leaves and provisions provide for a comfortable, healthy and positive environment for the new mother. Both private and public laws of UAE have a positive outlook towards pregnancies and childbirth and hence provide a safe environment for it.
Motherhood is one of the most natural and beautiful things that happen to women. Women have been given the power to create and nurture life and it is the greatest blessing of all. Motherhood provides women with an opportunity to take this world forward by creating a whole new generation of beings.
As the world has progressed, women have started to work outside their households. Women have started to give importance to not just their households but also to their jobs. They want to have a fulfilling career while managing their babies and houses.
Women should not be put in a position where they are made to choose between the two. By creating laws that create a structured way for women to take maternity-related holidays while also providing them with pay so that they can take care of their infants without being worried about losing pay or their jobs.
Despite having a number of laws in the country, there is one thing in common among them all, each has some or the other provision for maternity leave and breastfeeding hours. Certain laws even provide paternity leave, so that they can spend a few days with their children and wives.
There are two major kinds of laws:
Private law:
A working woman is entitled to a maternity leave of 45 days including the time before and after delivery. If the woman has completed one year of continuous employment for the same employer, she is entitled to full payment during maternity leave; otherwise, she is entitled to half payment.
In addition, after delivery, the woman is entitled to two additional breaks each day, with each break not exceeding half an hour for nursing her child. The woman is entitled to such breaks for 18 months following the date of delivery and is entitled to full pay.
The New Labour Law will increase maternity leave entitlement from 45 calendar days to 60 calendar days, paid as follows:
Maternity pay will not be decreased where a female employee takes maternity leave prior to achieving one year of service with her employer.
Female employees will also be entitled to take maternity leave as outlined above where they miscarry after six months of pregnancy, have a stillbirth or where the child dies following the birth. Where female employees give birth to a disabled or sick infant, they can take an additional 30 calendar days of maternity leave – which can be further extended by an additional 30 days of unpaid leave.
Under the New Labour Law, nursing breaks have been reduced from 18 to 6 months.
An employee’s entitlement to maternity-related “sick” leave has also been reduced from 100 to 45 (consecutive or intermittent) days.
The public law of UAE is further subdivided into 5 categories:
The federal law also has a provision for paternity leave. Wherein the father is allowed three working days off during the first month of his child’s life.
NOTE: This is only applicable if the child is born in the country.
2.Abu Dhabi laws: Law regarding human resources in the Emirate of Abu Dhabi mentions that an employee is entitled to three months of paid maternity leave and nursing mothers are allowed to take two hours off during the beginning or end of the work day to take care of her newborn, this if for a period of one year from the birth of her child.
Abu Dhabi laws also provide for paternity leave of three days, although executive regulations specify the control, rules and regulations of such leaves.
3. Dubai laws: Maternity laws in Dubai are regarding the Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai. Employees in Dubai are entitled to 90 days of paid leave from the date of the delivery, additionally, women can also apply for leave from 30 days before the date of delivery.
Dubai government’s human resources department also provides a maternity and childhood guide; this guide provides advice to pregnant employees about pregnancy, childbirth and breastfeeding.
The Law also mentions a paid paternity leave for three days in the first month of the newborns birth.
4.Sharjah Government: His Highness Sheikh Dr. Sultan bin Muhammad Al Qasimi, Member of the Federal Supreme Council and Ruler of Sharjah, approved a local decree to extend the maternity leave for a period of three months with the possibility of merging the balance of the employed woman’s leave with the maternity leave, with two hours of breastfeeding for a period of six months, as well as nurseries in most of the headquarters Work, which ensures that the working mother is close to her child throughout the working hours.
5. Ras Al Khaimah government :In November 2016, the Ras Al Khaimah government amended the maternity leave laws for working women to be three months with a comprehensive total salary, in line with the directions of the Emirates Council for Gender Balance.
The Ras Al Khaimah government also took the initiative in 2015 to extend the breastfeeding period to a full year, in order to enable women to exercise their maternal role.
By Kairavi shah
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Personal Status law controls marriage, divorce, succession, child custody, maintenance, and guardianship within the UAE. It is based on Sharia, which is the interpretation of the Quran and the Prophet's traditions blended with the Sharia principles of the Imam Malik School.
The custodial law in the UAE is an area of law that many individuals throughout the globe are unaware of. In custody fights, the final aim, and most essential goal, is the betterment of the kid, as it is in nations all over the world. The various duties are mentioned in UAE custody laws to parents and is an intriguing aspect of the legislation.
CHILD CUSTODY
The Personal Status Law is based on Shariah Law principles and incorporates contemporary requirements. The laws pertaining to child custody provide the court’s exclusive power to deny parental claims and grant possession to a child based on the kid's safety, security, and future.
The Wadeema Law protects children against discrimination based on origin, gender, status, nationality, religion, socioeconomic position or handicap. The law also punishes parents who disregard their child's needs, leave them alone, or fail to enrol them in school or register them at birth. Children under the age of 15 should not be made to work, and the law also forbids any unlawful working circumstances that endanger their health, physiological, moral, or mental integrity.
CUSTODY AND GUARDIANSHIP
The different roles assigned to mothers and fathers, such as 'custodian' or 'guardian,' are an interesting aspect of UAE custody laws. A kid's guardian provides financial support for the child, makes significant choices concerning the child's education and upbringing, and manages the child's affairs in general. On the other hand, the caretaker is concerned with the child's day-to-day activities. The custodian has day-to-day physical custody of the child and is responsible for raising and caring for the child. It is conceivable for one parent to serve in both capacities. The mother is usually given custody of children until they reach a particular age, but the father is always regarded the guardian. The Court, on the other hand, has the authority to issue orders that are in the best interest of the child.
WITHDRAWAL OF CUSTODY
If the mother is considered ‘unfit' to be the kid's primary caregiver, she loses custody of the child. The woman must be of sound mind, honest, mature, competent of rearing a child, free of contagious diseases, and not have been convicted of any major crime. If the father alleges that the mother is a ‘unfit' caretaker, the Court will conduct a thorough inquiry with statements, witness testimony, or an independent expert who may be requested to report on the mother's mental health. The Court does not take lightly the conclusion that a mother is a ‘unfit' caretaker. Regardless of the claims or facts presented, the Court will make a judgement based on the child's best interest. Some laws even require a caretaker to be of the same faith as the kid; however, courts cannot disregard this requirement if the child's interests are better served by a person of different religion.
INTEREST OF CHILD IS IMPORTANT
Under UAE Personal Status Law, a child's custody should belong to the mother until age 11 for a male and 13 for a girl. The legislation also states that this situation may change if the court decides otherwise. A recent child custody dispute reached the Abu Dhabi Supreme Court where a 13-year-old girl who was residing with her mother, and was scheduled to be sent to her father. After months of trials, hearings, and appeals, the Abu Dhabi Supreme Court denied her father the possession. Despite the law, the court determined that the little girl should remain with her mother until she marries. Here, the Court used it’s power to establish orders that best met the child's interest.
CONDITIONS TO RECEIVE CHILD SUPPORT
Personal Status law controls all elements of marriage, divorce, child custody, and succession rights in the UAE for both citizens and residents. However, under certain instances, parties may ask the UAE courts to use foreign laws in assessing their legal rights. Recently amended Personal Status Legislation makes law of nation where marriage takes place relevant, if it does not conflict with Sharia Law and other circumstances.
SUPPORTING A CHILD
The amount of assistance must be proportional to the father's resources and the child's needs. The child's monthly assistance is not set and may be lowered or raised in response to the child's requirements and the father's source of income or means.
Changes in circumstances that are beyond what the parent’s anticipation may require modifying the contractual assistance agreed upon by the parents. The father might fulfil his commitment either by paying the regular stipend or by accepting and raising the kid in the family home. A moral or legal impediment would prevent the latter option.
The child support rules are fair to both the father and the kids. A child support order will not bankrupt a parent. However, the poor financial condition of the father should not effect the child’s upbringing as no kid or youngster should be made to pay for his father's mistakes.
REMEDY UNDER THE LAW
According to the revised Civil Code the mother may submit a demand letter to the incorporative father. If the father refuses to give support despite repeated requests from the mother, a lawsuit may be brought before the UAE Family Courts. The mother might even ask the father's employer to pay her directly from his wages. This does not stop from pursuing executory reliefs . The UAE jurisprudence regards non-payment of alimony and child support a crime against the family.
BY AKANKSHA
pic- Maples family
A Canadian couple was issued the first civil marriage contract by the Non-Muslim Personal Status Court in Abu Dhabi.
The civil marriage registration is made available online on the Abu Dhabi Judicial Department (ADJD) website to allow ease of process.
Residents and tourists could apply for the civil marriage registration through the ADJD website. As per the conditions of the law, the marriage contracting and registration can be conducted remotely through video conferencing.
The Canadian couple expressed their gratitude to the Abu Dhabi authorities for conducting the process with ease of application and the speed at which the procedures were facilitated.
Saudi Arabia’s Justice Ministry has announced it has launched a service which enables the verification of old inheritance inventory deeds using the Najiz portal.
The aim is to make the procedures for users easier and reduce time and effort. The Ministry confirmed users can verify the deeds and match them to an electronic one using the portal.
The first stage of launching the service focussed on the deeds issued by the Personal Status Court in Riyadh. The second stage will focus on all the deeds issued by all the courts in the Kingdom.
Anyone who commits an indecent crime of assault with mutual consent shall face imprisonment.
Adultery was once a punishable offence under Article 356 of Federal Law Number 3 of 1987 on the Issuance of Penal Laws (the Penal Law). As a result, under the provisions of Article 356 of the Penal Law, the act of sexual cohabitation (even consensual) between two individuals was a punishable offence. This was referred to as indecent assault.
The New Penal Law will go into effect on January 2, 2022, after which the existing Penal Law will be repealed and replaced entirely.
The offence of indecent assault has been reintroduced, with some modifications, by Article (409) of the New Penal Law. Following that, a criminal action for 'indecent assault' can be brought only on the complaint of the female involved in the relationship's husband or legal guardian. Furthermore, the offence, proceedings, and penalties shall expire if the complainant (i.e., husband/guardian) retracts the complaint at any time.
By Khushi Saxena
It is imperative for an emigrant or an investor located overseas who has property and possession in the United Arab Emirates to have a strategic approach to protect their assets for a lifetime. After the recent changes that were announced with respect to the Wills, it is important to understand the advantages and necessity of Wills.
IMPORTANCE OF A DIFC WILL
By nominating permanent and temporary guardians, it helps the expatriate to secure the guardianship of their children. UAE Law applies to real estate owned by expatriates in the UAE and is an exemption to the rules of the home country that apply to inheritance problems. In contrast to Sharia Law, the emigrant has full authority over their assets and who they give them to. Freedom to distribute the assets as per the wish of the person is upheld in the new laws.
From a practical standpoint, having a legal Will in the UAE allows the UAE courts to easily deal with the distribution of assets, bank accounts, and other property after a person's death because there is documentation of the person's intentions.
Through a DIFC Will and/or a DIFC Foundation, the Dubai International Financial Centre offers outstanding wealth protection solutions for securing assets and property in the UAE. This would help in avoid family disputes and costly court battles.
THE PROCEDURE: DIFC WILL
About 80% of the population of the United Arab Emirates is constituted by expatriates that mostly reside in Dubai and Abu Dhabi. The introduction of the DIFC Courts Wills Service allows non-Muslims who invest or live in the UAE to pass on their assets and/or appoint guardians for their children according to their Will's instructions. The DIFC Courts Wills Service Centre also allows non-Muslim expats to prepare Wills under English and Welsh law, giving them the freedom to pass their possessions as they deem fit.
A person is eligible for the will, given that an expatriate is over 21 years old, is not a Muslim and has assets in UAE even if they do not reside in the United Arab Emirates. Not only this helps in registering for the will but it also permits the transferring the assets as deemed fit by the person through an easier and effective procedure.Out of many, the most integral point of registering a will via the DIFC Courts Wills Service Centre is their speed and efficiency enabled by their user friendly virtual DIFC registration system.
Even a non-UAE resident or an overseas investor can make a DIFC Will by giving their lawyer in the UAE instructions. The lawyer can be provided with the specifics like the selected executors/trustees, guardians for the children, beneficiaries, and how the assets should be dispersed.
DIFC Wills can be registered virtually, even via a video conference. During the video conference, standard protocols should be followed, and electronic signatures will be taken. After that, the person will be able to download the signed DIFC Will. The alternative option is to seek a signed DIFC Will with a password-protected electronic copy from the DIFC Courts Wills Service Centre. It's an easy and convenient approach for everyone.
DIFC FOUNDATIONS
DIFC Foundations are legal entities that can hold assets and money for the benefit of their beneficiaries. Since UAE is a civil law country, the option of establishing DIFC Foundations is gaining popularity in the recent past. They are able to own property in Dubai, which is one of the most appealing characteristics. The DIFC and the Dubai Land Department have a Memorandum of Understanding in place that allows organisations like the DIFC Foundation to purchase real estate registered with the Dubai Land Department. A DIFC Foundation can help international investors (non-residents) and UAE residents arrange their assets.
The advantages of DIFC foundations include no corporation tax, solid governance structure, privacy and confidentiality, private wealth management and asset preservation, succession and legacy planning, creditor and divorce protection, mitigates forced heirship rights, charitable and non-charitable purpose and low set-up costs among several others.
The DIFC, which is ranked among the world's top financial centres, provides an ideal wealth structuring solution for both Muslim and non-Muslim families and individuals. In reality, the DIFC Foundations Law is widely regarded as one of the world's best foundation regimes. A DIFC Foundation is the most inventive way ahead to govern assets, whether it is set up to maintain a private banking portfolio, family company, real estate, or assets like as artwork, or for a charity cause. As an expatriate residing in the UAE or as an overseas investor, having a DIFC Will or establishing a DIFC Foundation ensures that one's money is secured for future generations.
(Writer is a Legal Research Intern at The Law Reporters)
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The outrageous Kottiyoor Rape case once again had people infuriated and confused as the rape survivor approached the Supreme Court with a plea to marry her rapist and former catholic priest, Robin Vadakkumcherry. The Supreme Court rejected the plea, which required the granting of interim bail to the rapist for the purpose of marriage.
The priest and his atrocious acts were first brought into light when he was arrested days after the survivor had given birth to a child. From the commencement of the case, the concerned Court was aware of foul play as there was an appalling attempt to shift the blame of rape and impregnation onto the survivor’s biological father. Furthermore, the survivor also made strange and false testimonies that she had consensual sex with the priest after attaining the age of majority.
However, owing to initial investigations, witnesses turning hostile and a paternity test, it was indisputable that the priest committed rape on the minor. The rapist’s desperate yet futile attempts to deny the rape claims and his obvious endeavour to silence the family were in vain, as he was convicted and sentenced to prison in February 2017. This punishment is on account of the Protection of Children from Sexual Offences (POCSO) Act that resulted in him being awarded 20 years of rigorous imprisonment as well as an Rs. 3 lakh fine. Regardless of the survivor’s false testimony that she was of age when she had consensual sex with the priest, the initial investigation shows conclusive evidence that she was barely 16 years of age.
Subsequent to the conviction, the case took a disturbing turn when that rapist requested bail, in order to marry the survivor. After being defrocked, condemned and expelled from his priesthood from the Vatican, he claimed that he was now eligible for marriage and could gain custody of his child if granted bail and temporary suspension of his sentence. The High Court dismissed the plea on the grounds that judicial approval for marriage could not be granted in a case where a minor was raped.
An application by the survivor was then moved to the Supreme Court based on her ‘willingness to marry her rapist. According to the survivor’s claims, she wanted to ‘“give legitimacy to her child” who was now of age to be enrolled in school. The claim put forth by the survivor states that her child will have a father and she can avoid any further social stigma. The Supreme Court consisting of a Bench of Justices Vineet Saran and Dinesh Maheshwari upheld the High Court’s decision and rejected the application on the very grounds that there was perfectly no reason to approve the request of marriage between the rapist and the survivor, thereby rejecting the claim of interim bail to be granted to the rapist.
Supreme Court has quashed a criminal case under the Anti-Conversion laws for a conversion to Christianity allegedly being forced. According to the prosecution, Dharmendar Dohar was converted to Christianity by George Mangalapilly. He was charged with violating Sections 153(B)(1) and 295-A of the Indian Penal Code, as well as Sections 3 and 4 of the M.P. Penal Code. The Freedom of Religion Act of 1968 was enacted to protect religious freedom. In the subsequent trial, Dharmendar Dohar denied being converted by the accused throughout his examination in chief. He said that his signatures were obtained on a piece of paper by certain individuals, and that this was the basis for the prosecution of the accused. The bench relied on the statement of the man alleged to have been forcibly converted, ascribed significance to such person’s testimonies, and quashed the petition accordingly.
Regulations for the implementation of the Civil Marriage and Divorce Law for foreigners has been approved by Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and Chairman of the Abu Dhabi Judicial Department (ADJD). He issued Decision No. 8 of 2022 approving the Regulations for the implementation of the Civil Marriage and Divorce Law No. 14 of 2020 in the Emirate of Abu Dhabi, on Sunday.
Youssef Saeed Al Abri, Undersecretary of Abu Dhabi Judicial Department, said that the regulations encompass all the details about the organisation of legal proceedings under the Civil Marriage and Divorce Law in the Emirate of Abu Dhabi. It is a law that introduces a modern and advanced concept of civil family law for foreigners in line with international best practices, reported the official news agency of the Federal Government WAM.
The regulations has 52 articles dealing with the jurisdiction of the Civil Family Court, which has been established in the emirate, to decide on claims and disputes related to civil marriage and its effects, such as civil divorce, joint custody of children, financial rights arising out of divorce, wills, civil inheritance, proof of parentage, adoption, and other foreign nationals' personal status issues.
The second chapter of the Decision deals with civil marriage procedures and the conditions for its conclusion, the most important of which is the absence of the requirement for a tutor or guardian for the wife and the absence of the provision of witnesses, in addition to the possibility of concluding civil marriage contracts for tourists and individuals residing outside the emirate or outside the country, a service that is provided by the emirate exclusively in the region.
The third chapter covers civil divorce procedures or what is known as "no fault divorce", based on the equal right of both spouses to initiate a divorce without prejudice to the wife's financial rights in connection with the divorce, from the first hearing without the need to prove prejudice or justify the reasons for separation, thus making it possible to complete the procedures easily and swiftly to reduce quarrels and discord between the spouses, especially if the couple has children.
Article 13 of the Decision deals with the procedures for filing the civil divorce application. It stipulates that the applicant must fill out the bilingual application form prepared for this purpose without the need for the assistance of a lawyer. The defendant may challenge the court's jurisdiction only, without any other defence on the merits, no later than ten working days before the date of the hearing scheduled for the pronouncement of divorce. The court renders the divorce decision at the first hearing after 30 days from the date of approval of the application.
Articles 15, 16 and 17 set out the financial rights resulting from civil divorce and the discretionary power of the court. It requires one spouse to pay a lump sum amount as compensation to the other party after divorce and the accounting criteria on which the court relies, such as the number of years of marriage, the age of the spouses and the extent to which one of them contributed to the breakdown of the marital relationship, the material or moral damage suffered by any party or a previous or subsequent loss of profit.
The fourth chapter deals with the joint custody of children granted systematically on an equal basis to the father and mother. It details the method of alternating and dispatching joint custody between the parents, either weekly, fortnightly, or monthly, how to oppose it if there are grounds for doing so, or to request the relinquishment of custody or the exclusion of the partner from joint custody, whether it is legal or real custody or both.
The regulations stipulate in Article 33 the cases of exclusion of the father or mother and the forfeiture of his or her right to joint custody, either temporarily or permanently, if one of the cases that are detrimental to the interests of the child is realised, and indicate how to request the intervention of the court in the absence of an agreement on a decision relating to the child after the divorce and the organisation of the child's travel during the period of joint custody.
The fifth chapter details the special rules for the consideration of civil family matters as its procedures differ from those provided for in the Civil Procedure Law, and the case is brought directly before the court for determination at the first hearing without going through the Family Guidance procedure. The court proceedings have the particularity of being bilingual, both in court forms and in oral proceedings. The court has the discretion to conduct court proceedings in English if both parties to the proceedings are not familiar with Arabic, provided that the claim form and judgment are filed in Arabic and English.
Finally, the sixth chapter, addresses appeal proceedings against judgments and enforcement proceedings, as the judgment rendered by the court is final and enforceable at once following its issuance if the amount adjudicated is less than AED500,000, in cases of alimony and post-divorce financial rights proceedings, the official communique elaborated.
Pic Courtesy : ZAWYA
If you are an Indian couple wishing to marry each other in the UAE, it is imperative to know the procedure involved therein and the eligibility factors. Marriage is seen as a legal contract between two a man and a woman, aimed at protecting the rights of the couple and their children, as per the UAE Law. Indian expats in the UAE does have the option of solemnizing/ registering their marriages at the Consulate as per the Foreign Marriage Act, 1969. Here we delve into the process involved.
Before moving ahead with the marriage, it is imperative to know these prerequisites under the UAE Law for a valid marriage. The primary and the first condition herein is the bride's approval. Secondly, with respect to Residency status, at least one party to the marriage contract (husband, wife, or wife's guardian) must have a residency visa in the UAE in order to marry in Dubai. Whereas, both the bride and groom must be UAE residents in other emirates.
A positive pre-marital screening certificate issued by the concerned public healthcare institutes in the UAE for the couple. The UAE hopes to stop the spread of contagious diseases like AIDS by making pre-marital screening mandatory.
Now let’s delve into the kinds of documents required for Indian expats wishing to marry in the UAE. We would also delve into the relevant service fee involved here. The first step, Marriage Solemnization, where document submission is done is the step which is different for different kinds identified here. They must submit the following documents in order for their requests to be processed. These documents, if issued in the UAE are valid for a period of 3 months and if issued outside of UAE are valid for a period of 6 months.
Now, if you wish to have your marriage elsewhere – say your Church, Gurudwara, Temple or the Local Court, the documents required would be different. There are two subclasses under marriages done this way. These are being delved into as 3 and 4 categories.
If you have submitted the above-mentioned documents, then the next step is Appearance Before Marriage Officer. All individuals concerned, which includes the couple and the witnesses, must present themselves before the Marriage Officer for signatures with their original passports and photocopies, both at the time of submitting the forms and at the time of the solemnization of the marriage. Photocopies of passports are only required at the time of submitting the forms.
Following the submission of the Form, the couple must give a newspaper notice for publishing in a local English newspaper (UAE) as well as an English newspaper in India's native country (at the place of permanent residence as indicated in the passport). The whole text provided by the Consulate should be included in the advertisement. This publication has to be submitted in original.
The date for the solemnization of marriage is kept at least 30 days following the date of the last publication of the notice, mentioned above. Here it has to be noted that original passports of the couple and witnesses must be given to the Marriage Officer one day prior to the day of the marriage solemnization. The prospective couple, along with the three witnesses, must be at the Consulate on the scheduled date for the marriage to be solemnized/registered. They should bring their original passports with them.
However, divorcees need to be aware of certain additional requirements if they wish to marry in the UAE. If the decree of divorce is issued in India, then attestation of the same by Home department of the State where the decree has been issued, and MEA (Ministry of External Affairs) would be required. If the same has been issued in the UAE then its translation to legal English, attested by the MOFA (Ministry of Foreign Affairs) needs to be submitted for the Consulate’s perusal. Here, it is also pertinent to note that marriages where either the bride or groom are Muslims will not be solemnized at the consulate.
The Karnataka High Court has declared that Breast Feeding is a Fundamental Right guaranteed under Right to Life as per Article 21 of the Indian Constitution. Breastfeeding must be recognised as an inalienable right of the lactating mother under both local and international law. Similarly, the right of a suckling new-born to be breastfed must be merged with the fundamental rights of the mother. This was considered as an instance of concurrent rights, as this aspect of motherhood is protected within the umbrella of Fundamental Rights granted by Article 21 of the Indian Constitution. The court made this statement while hearing a very unusual case in which the biological mother of a child who had been abducted from the maternity home shortly after delivery had petitioned the court for the child's return from the foster mother.
Single women who is pregnant outside of marriage in the United Arab Emirates need not any longer flee the country. The UAE has been turning itself conducive to global attention, investment, and tourist attraction, thanks to how well this nation works on bringing cultures together and understanding differences in view-points. The Middle-Eastern nation has liberalised their laws relating to questions surrounding morality and conditions imposed by faith, turning the nation into a freer space for an international community to comfortably blend in. Under the new law of the United Arab Emirates, it is not a criminal offence to get pregnant out of wedlock. In a new step toward secularizing state laws, she said, single women who are pregnant outside of marriage in the United Arab Emirates can no longer flee the country to have an abortion before marriage.
In light of the recent legislative reforms announced by the United Arab Emirates Government to comply with various laws, including the provisions of the United Arab Emirates Federal Law, cohabitation between married couples has been decriminalised and no longer constitutes a crime. This clarifies that consensual sex and pregnancy outside marriage are not punishable. It is pertinent to note that prior to these reforms, it used to be a criminal offence to engage in sexual relationships with someone not married to the person in question.
Article 356 of the United Arab Emirates Criminal Code was amended to decriminalise the indecent assault by mutual consent, a term used for decades to punish sex outside marriage, cohabitation, extramarital relations and same-sex relationships. In 2020, the UAE amended Article 356 to remove language criminalizing the vague offenses of consensual indecency and degradation, punishable by a minimum of one year in prison, for persons engaged in consensual sexual relationships outside marriage (zina). This amendment also deleted the reference to the application of Islamic law to Hadd offences, including sexual relations outside marriage. In September 2020, UAE government officials introduced an important update to the penal code of the UAE under Federal Decree 15 of 2020, including that premarital sex is no longer a criminal offence in the UAE.
Here it is pertinent to note that despite the above-mentioned changes is no legal reform on the status of children born out of wedlock. Marriage is a prerequisite in the law of the United Arab Emirates, as it is the only legal link between a man and a woman in order to establish a relationship and a family. According to the Sharia law applicable in the United Arab Emirates, marriage is only a legal bond if one wants to enter into relationships and have children. Many expats are concerned about the new law as Article 356 of the UAE Criminal Code says that any caught with consensual sex outside the marriage will be found guilty and likely will face imprisonment and deportation. Seven months ago, the United Arab Emirates decriminalized premarital sex, but that does not reflect how extramarital pregnancies should be treated, according to government guidance to lawyers and hospital staff. As per UAE Law, marriage is the only legal link between a man and a woman to form a family and have legitimate children.
A woman who has an illegitimate child cannot obtain a birth certificate for her baby if she is unable to present a valid marriage certificate. The law states that unmarried couples expecting a child cannot leave the UAE to apply for their baby's birth certificate. Although women can no longer be locked up for premarital sex, new-borns still require a parent's marriage certificate, health insurance does not provide maternity cover for unmarried women and unmarried women remain wary of seeking medical help. Some women choose to leave the UAE when a pregnancy becomes apparent. In accordance with Articles 89 and 90 of the United Arab Emirates Family Law, which says that the father of a child must admit before a judge that he is the father.
Pregnant women living in the UAE who are still single must either return home or fly to another country. Because a marriage licence is required to obtain any form of maternity care in the country, getting married in Dubai after conception will not suffice to solve the legal problem. Unmarried women who choose to leave the UAE because they are pregnant may find difficulties re-entering the nation after giving birth. In November 2020, the UAE revised the Personal Status Law in order to allow foreign couples to apply their country of residence law on personal status matters instead of UAE Law on Personal Status.
The United Arab Emirates announced the decriminalisation of alcohol and suicide in addition to allowing cohabitation between unmarried partners and unmarried sexual relations. There has been an abolition of laws that punish women in the event of pregnancy outside the marriage. Hence, it could be observed that UAE has been making the penal laws more conducive to individuals hailing from diverse backgrounds in terms of worldview and opinions on morality, enabling more scope for working together despite differences.
It may be noted that prior to the recent legal reforms announced by the UAE government with respect to various laws — one of them being the provisions of Federal Law No. (3) of 1987 Related to Issuance of Penal Code (Penal Law of UAE) — engaging in a relationship (sexual) with someone not married to you was considered as a criminal offence.
This is in accordance with Article 356 of the Penal Law of UAE, which states: “Without prejudice to the preceding two Articles, the crime of indecent assault with mutual consent shall be punished by detention for at least one year; however if the crime is committed against a male or female who is under fourteen years of age, or if the crime is committed by coercion, it shall be punished by temporary imprisonment.”
In light of the aforementioned legal reforms announced by the UAE government, cohabitation of unmarried couples has been decriminalised and shall no longer constitute as an offence. However, it may be prudent to note that no legal reform has been announced yet with respect to the legal status of a child born out of wedlock.
Furthermore, you and your girlfriend shall be required to present your valid marriage certificate for the issuance of a birth certificate of your newborn child. In the event you are unable to submit a valid marriage certificate, a birth certificate may not be issued for your newborn child. You may seek further clarification on this from the relevant ministry of the UAE government.
For women and men working in the UAE, maternity and paternity benefits vary between the private sector and public (government) sector.
The provisions may also be different if you are working under a different jurisdiction such as the Dubai International Financial Centre (DIFC).
However, the maternity leave provisions of the UAE Labour Law apply to private-sector employees equally across all of the emirates in the UAE.
Employees in the UAE’s private sector are entitled to five days’ of paid parental leave, to be taken within the first six months of the baby’s birth.
This was introduced after an amendment to the UAE Labour Law was approved by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, in August 2020.
Previously the UAE did not require private sector companies to provide any kind of parental or paternity leave to male employees, although some companies included an allowance at their own discretion.
Previously male employees of the government were entitled to three days of paid paternity leave.
Women working in the private sector of the UAE are entitled to 45 calendar days of leave at full pay for those employees who have completed one year of continuous service as at the date of birth.
If a woman has been working for less than one year of continuous service at the date of her child’s birth, she is entitled to 45 calendar days of leave at half pay.
Maternity leave pay in both scenarios is gross salary, meaning it is inclusive of basic and allowances.
The leave is calculated based on calendar days (not working days), which means that weekends are included as part of the allowance. This roughly equates to just over six weeks.
Maternity leave may be taken before or after the baby’s delivery.
However, “where an employee is experiencing pregnancy-related health issues and complications prior to the birth, she would be entitled to sick leave in the normal manner, provided she has a valid medical certificate,” says Anna Marshall, employment and incentives lawyer at law firm Al Tamimi.
As per the UAE Labour Law, private-sector employees are entitled to a sick leave not exceeding 90 consecutive or non-consecutive days for every year of service, calculated as follows:
After a woman’s 45 days of paid maternity leave is over, she is able to extend her leave by up to 100 days of unpaid leave if she has a valid medical certificate stating that the illness resulted from pregnancy or delivery, says Anna Marshall, employment associate at Al Tamimi & Company.
“In relation to the additional 100 days of unpaid leave provided for under the UAE Labour Law, the law does not distinguish between women with more or less than one year of continuous service. The employee’s length of service only affects whether she is entitled to full pay or half pay for the initial 45 calendar days’ statutory maternity leave.”
For 18 months following the date of delivery, a female employee is entitled to two breaks of not more than half an hour each to nurse her child, without any loss to remuneration.
“For end-of-service gratuity purposes, the 45 calendar day period of statutory maternity leave is counted towards the employee’s length of service,” says Al Tamimi’s Anna Marshall. “The law is silent as to whether the additional 100 calendar days of unpaid maternity leave due to a pregnancy or birth-related sickness (as provided for under the UAE Labour Law) would also count for gratuity purposes, however in our view it also would.
But in instances where the employer has simply granted the employee an additional period of unpaid leave in order to extend her maternity leave (i.e. rather than due to any pregnancy or delivery related illness), such period of unpaid leave would not be taken into account for end of service gratuity purposes.”
“The maternity leave allowances for Government employees in most of the emirates are a bit more generous than those for private-sector employees, with most offering at least 60 days of paid leave (although not all at full pay),” says Anna Marshall. The UAE government website gives the following overview on maternity and paternity leave for UAE government works.
Female employees in a permanent position in the federal government are entitled to 90 days’ paid maternity leave and male employees are entitled to 3 days’ paternity leave. Leaves vary for the employees of local governments.
After that, for 4 months from the date of the employee resuming work, a female employee is entitled to 2 hours' reduced working hours to nurse her child either at the beginning or at the end of the working hours. Such breaks are fully paid for.
Maternity leave may not be combined with leave without pay.
A male employee who has a child is entitled to paid paternity leave for three days for the month following delivery, if the delivery happens in the UAE.
Women are entitled to three months of fully-paid maternity leave. After the female employee resumes work, she is entitled to two hours of daily leave for the first year after delivery to nurse her child.
Men are entitled to three days' paternity leave.
Maternity leave in Dubai Government is regulated by Decree No. 14 of 2017 Concerning Maternity, Miscarriage, Stillbirth, and Childcare Leave for Female Employees of the Government of Dubai .
The decree grants female employee 90 days of maternity leave starting from the delivery date. She may also apply for her maternity leave up to 30 days prior to the expected date of delivery.
Annual leave and unpaid leave can be added to the maternity leave taking the maximum total number of days to 120.
After resuming work and for one year from the date of the baby’s birth, the mother is entitled to 2 hours' reduced working hours to nurse her child, either at the beginning or at the end of the working hours. There is no nursing break for women during the month of Ramadan.
Where a female employee gives birth to a baby with special needs, she will be granted childcare leave for the period from the expiry date of the maternity leave to the date on which her baby completes one 1 year of age.
According to Dubai Government Human Resources Management Law No. 8 of 2018, men are entitled to 3 days of fully paid paternity leave, to be taken within one month of the birth of the child.
Since the issuance of a local decree in 2016, the total period of maternity leave in Sharjah Government is 120 days, comprising 90 days paid leave and 30 days unpaid leave.
The decree permitted to adding annual leave to the maternity leave and granted new mothers two hours for nursing their child for a duration of six months.
In November 2016, Ras Al Khaimah Government extended the maternity leave to 90 days paid leave. Earlier in 2015, the nursing period was extended to one whole year from the birth of the baby.
A question or concern that arises to every person who owns a property or an asset, whether tangible or intangible relates to the matter of succession. In other words, one has to think, to whom such property/s will devolve or succeed at their demise. This is where a ‘will’ comes into play.
A ‘Will’ or testament is a legal document by which a person, the testator (the person making the will), expresses their wishes as to how their property is to be distributed at the time of their death, and it give authority to the executor, to manage the estate until its final distribution. The person who makes the Will is called as the “testator”, and the person to whom it is made the “executor”, and the person to whose benefit the ‘Will’ is made is called as the “beneficiary”.
Law Relating to Wills in the UAE
As we are aware, the Shares belonging to a person in a company may be covered in the instruments of a company such as the Memorandum of Association or other binding agreements. Whereas, In the absence of an explicit agreement or covenant, as per the UAE Laws (Sharia), at the event of the demise of a shareholder, the shares are passed on to their heirs.
The UAE Law of Inheritance would be applied in the case of lack of a Will, and it could affect the rights and guardianship of the deceased’s children if they are minors. Therefore, it is always better to have a Will to avoid any future inconveniences.
In the case of Muslims, the Inheritance is governed by the principles of Sharia, whereas in the case of non-Muslims, the law of deceased’s nation would apply by virtue of Article 17 of Federal Law Number 5 of 1985 (UAE Civil Code).
Assets that may be Included in Wills:
All tangible and intangible assets owned by the testator can be included in the Will. Assets including but not limited to Shares/Investments in Companies, Cash/ Amount in Bank Accounts, Real Estate, Vehicles/Boats, Jewellery, Trademarks/Patent Royalties, Art Collections; and any other kind of tangible and intangible properties.
Types of Wills in the UAE
The UAE courts adhere to Sharia Law in respect of the distribution of assets of a Non-Muslim UAE expat where the person dies without a Will in place (Intestate).
Accordingly, if a non-Muslim registers their Will with the DIFC Wills Service Centre, their assets in Dubai/Ras Al Khaimah will be distributed according to their own wishes based on the Will drafted.
Therefore, depending upon your situation and convenience, a Will may be drafted either through DIFC Wills Service Centre or the UAE Civil Code.
Considering the hardship regarding the enforcement of foreign wills in the UAE, the DIFC Wills provide an excellent alternative for foreign shareholders to bequeath their assets. Withdrawal of a Will can be made at any time during the testator’s lifetime.
Consequences of not having a Will
In the absence of a Will, the UAE Courts would adhere to the Sharia Law. Not having a Will not only affects your assets/ shares owned by you, but also creates more hassles than one can imagine. If adequate steps are not taken to safeguard your property, your dear ones (the ones whom you wish to distribute the assets to) may not get an opportunity to receive your property (both tangible and intangible).
Further, it may also result in family disputes, and your beneficiaries will have to incur extensive legal costs for the distribution of your assets. There will be a lack of protection of your assets. There is also a possibility that your family will be unaware of all your assets and might have to go through mental stress transferring the property, and may affect the guardianship of your minor children. Lack of a will affects the dependents Visa, and may result in Visa cancellation. A Will is also necessary in order to avoid freezing of Bank accounts.
In conclusion, we suggest that the best way to protect your business/property is to plan ahead and to properly draft a Will with a help of a lawyer to safeguard your Interest and to ensure the allocation of assets as one’s wish.
It might hurt to see people you love change for the worse, and the law should be on the side of the victims/survivors of domestic violence if that is to happen in any family, protecting the rights of children, the elderly, and vulnerable women. The UAE Law endeavours to be on the side of the oppressed, with the enaction of the Family Protection Policy and the Federal Decree Law No. 10 of 2019. This was a paradigm shift in law-making, adopting a much more progressive approach on matters relating to family. A series of legislative changes passed by the Cabinet as part of the family protection policy announced by the Prime Minister and Ruler of Dubai, His Highness Sheikh Mohammed Bin Rashid Al-Maktoum is seen as a long-awaited update of domestic violence laws.
Backdrop
In the year 2018, the year preceding the enaction of the protective laws concerning domestic violence, the recourses available to victims and the reporting of domestic violence crimes were quite inadequate. The UAE has updated its laws to recognize domestic violence as a crime, take immediate steps to prevent abuse and punish those responsible. In 2019, the UAE Government published a Family Protection Policy to Prevent Domestic Abuse, which defines domestic violence and calls for the creation of a standardized domestic violence reporting system. The new policy aims to correct behaviours that are harmful to families, children and women.
There have been a number of legislative changes to keep abusive spouses and relatives away from their partners and children. Judges and prosecutors now have the power to prevent abusive spouses from approaching their partners or children and bombarding them with phone calls and messages. New prison sentences and restrictions have been introduced to combat domestic violence and to protect families from intimidation and threats.
The family protection policy is aimed at tackling domestic violence and aims to strengthen family ties, raise awareness of domestic violence and train staff to recognise and intervene in potential threats. While introducing the policy, Dubai's ruler, His Highness Sheikh Mohammed bin Rashid Al-Maktoum stressed the purpose of the law being "prevention of family violence" and reiterated that UAE will not tolerate domestic violence.
Key Highlights of the Policy
The Family Protection Policy addresses abuse, violence and threats, where a member exceeds his or her legally permissible limits. The policy addresses multiple forms of abuse, emotional, physical and sexual, and also includes economic abuse. In fact, the policy recognises six forms of domestic violence, namely:
This policy looks forward to linking the institutions across the nation which assists in combating domestic violence, and proposes a standardized system for reporting abuses. It seeks to build a strategy for prevention at a primary level and to build solid laws to combat domestic violence.
Furthermore, the Federal Decree-Law No. 10 of 2019, was a law issued in August of 2019 to combat Domestic Violence. A few important provisions within this law may be important to know if one is to approach the court to seek remedy for domestic violence. This law empowers the Public Prosecution Authority to issue a protection order, of its own accord or based on the victim’s request, to deter violent action and protect the victim’s body, well-being, and economic status. This is to prevent the defendant from getting to the complainant and certain specified spaces, for the protection of the complainant. It also allows the complainant to get belongings themselves or through someone else.
Article 7 of the Law provides for a protection order being issued in favour of the complainant, which can be extended twice and can be further extended with the permission of the court, for a period not exceeding 6 months. The appeal period for such matters is 7 days from the date of issue of order. If the protection order is breached, the defendant could be awarded a fine ranging across 1000 to 10000 AED and can be imprisoned for a period ranging across 3 to 6 months, under Article 8. Article 9 covers acts of physical, psychological, sexual, or material abuse, which may be punished with imprisonment not exceeding 6 months and a fine not exceeding 5000 AED, or either. However, this punishment could be doubled, using the Penal Code, if these offences are done again within the same year.
Article 10 of the Domestic Violence Law mentions the possibility of reconciliation between the parties, but does not mention the provisions of the Criminal Procedure Act. The law also refers to a provision in the Criminal Code of the United Arab Emirates, which gives the court the discretion to double the above penalty if the accused commits another act of violence within one year of the commission of the previous act. While the general provisions of the Criminal Code, such as personal injury, apply to spousal abuse, the UAE law does not specify safeguards and the responsibility of the police, courts, and other Government agencies for dealing with such abuse.
The Dubai Foundation for Women and Children is a Government-run women’s shelter that protects victims of domestic violence and provides safe houses and rehabilitation services. Social media, television and radio programmes, advertising, workshops and sponsorship hotlines raise awareness of domestic violence. The UAE is a member of the League of Arab States, which, through its Steering Committee, makes regional efforts to end violence against children.
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