Following the enactment of Abu Dhabi’s new non-Muslim Personal Status Court last year, non-Muslims in the UAE now have the opportunity to wed in a civil ceremony. According to Law No. 14 of 2021 on Non-Muslims’ Personal Status in the Emirate of Abu Dhabi, the specialized family court for non-Muslims in Abu Dhabi handles personal status issues such as marriage, divorce, inheritance, and child custody.
This rule, which applies to both non-Muslim expatriates and non-Muslim residents of Abu Dhabi, represents a significant shift in how the Abu Dhabi-based Emirates of Abu Dhabi treats family law issues. This article will discuss about the divorce proceedings to be followed before the Personal Status Court in Abu Dhabi in accordance with the Executive Regulation of Law No. 14 of 2021 on Non-Muslims’ Personal Status in the Emirate of Abu Dhabi.
A divorce occurs when both couples choose to end their marriage, either unilaterally or mutually. For a divorce between two non-Muslim foreigners, one spouse must formally proclaim their intention to separate from the other and dissolve their marriage before the Court; there is no need to provide evidence of harm or blame the other spouse. When a party indicates their readiness to divorce, the divorce becomes final.
It was deemed civil if the couples were divorced, following rules and regulations without reference to any special religious law.
Divorce Procedure under the Personal Status Law: Article (7)
A no-fault divorce is when the spouse seeking the divorce does not need to establish any fault on the other spouse’s side. Under the New Civil Marriage Law, a spouse may request a divorce from the courts based on a no-fault application under the new law. The partner must desire to dissolve the marriage without proving any harm or placing the blame on the other.
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Article 11 of Executive Regulation concerning personal Status Law in Abu Dhabi provides that the woman and the husband have equal rights and obligations, and either spouse is free to ask for a court order to separate from the other without prejudice to their rights to divorce.
Article 12 of Executive Regulation concerning personal Status Law in Abu Dhabi states that it is sufficient for one of the spouses to express their desire to separate and not continue the marriage before the Court during the initial court appearance for the divorce decree to be issued. There is no need to justify this request, assign blame to the other spouse, or establish fault on the other spouse’s part.
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Article 13 of the Executive Regulation concerning personal Status Law in Abu Dhabi provides for the following stages below for a civil divorce to be filed before the Court:
It is always advisable to consult family and Divorce lawyers before filing any Divorce application.
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Article 14 of Executive Regulation concerning personal Status Law in Abu Dhabi states the following process to be followed after the divorce application is approved by the Court:
If the divorce application is granted, a date is fixed for the first hearing to issue the divorce decree, with the hearing being set at least thirty (30) days after the request was granted.
One legally required means of notification should be to inform the spouses of the hearing date.
iii. Case Preparation Requirements
On the hearing day, the judge shall give a divorce decision following the Form attached to this decision, after ensuring that the applicant attended the hearing and verifying his adherence to the Divorce.
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For more information about the Subject, please don’t hesitate to contact our Family and Divorce Lawyers.