New Legislation For Non-Muslim Foreigners Will Come As A Aid To Many – Wills/ Intestacy/ Property Planning


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Printed in: Khaleej Instances|The Nationwide|
Dubai 92

It regulates numerous procedures together with these for marriage,
divorce, and inheritance

A brand new federal decree-law regarding the private standing of all
non-Muslim foreigners within the UAE will come into impact on February
1, 2023, the federal government introduced on Friday.

The Federal Private Standing Legislation will regulate marriage
circumstances and the procedures of contracting and documenting the
marriage earlier than the courts.

It additionally specifies the procedures of divorce that may be
initiated collectively or unilaterally.

It organises the procedures for settling the monetary claims
after divorce, and the association of joint custody for the
youngsters. Furthermore, the decree-law organises the procedures for
inheritance and testaments (wills) and proofs of paternity.

Authorized professional Dr Hasan Elhais from Al Rowaad Advocates lauded the
regulation, saying it will give ladies equal rights in courtroom
procedures.

“Girls’s testimony in courtroom will probably be equal to that of a
man,” he mentioned. “They are going to be granted equal rights in
submitting for inheritance, divorce, and joint custody of youngsters
till they’re 18 years outdated,” mentioned Elhais. “Subsequently,
the youngsters may have the correct to decide on between their mother and father in
case of divorce.”

Below this regulation, custody could be shared by each mother and father – except
one submits a request to exclude the opposite.

“On this case, each mother and father will have the ability to file requests
to the courtroom, which is able to then determine what’s greatest for the
little one,” Elhais mentioned.

Civil marriage, divorce

This regulation will acknowledge civil marriage contracts, offered
that they meet a set of circumstances, the authorized professional mentioned.

Spouses have to be not less than 21 years outdated, for instance, and a
declaration type have to be stuffed out in entrance of a decide.

To file for divorce underneath the brand new regulation, one partner should inform
the courtroom of their intent to terminate the wedding, “with out
having to justify, clarify or blame the opposite partner”.

They’ll request a divorce with out proving that any hurt was
achieved throughout their marriage, Elhais mentioned.

“Among the adjustments that stand out on this regulation is its
adoption of the Gregorian calendar as a substitute of Hijri and dismissing
the requirement to hunt household steerage in circumstances of divorce,”
he added.

“Another essential change is that alimony is now
calculated and determined based mostly on a number of elements that embrace years
of marriage, the monetary standing of each spouses, and the extent
of how a lot the husband is chargeable for the divorce.”

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