{"id":43120,"date":"2022-02-06T11:31:01","date_gmt":"2022-02-06T07:31:01","guid":{"rendered":"https:\/\/www.uaebarq.ae\/en\/?p=43120"},"modified":"2022-02-06T11:31:03","modified_gmt":"2022-02-06T07:31:03","slug":"mansour-bin-zayed-approves-the-regulations-of-civil-marriage-and-divorce-law-for-foreigners-in-abu-dhabi","status":"publish","type":"post","link":"https:\/\/www.uaebarq.ae\/en\/2022\/02\/06\/mansour-bin-zayed-approves-the-regulations-of-civil-marriage-and-divorce-law-for-foreigners-in-abu-dhabi\/","title":{"rendered":"Mansour bin Zayed Approves the Regulations of Civil Marriage and Divorce Law for Foreigners in Abu Dhabi"},"content":{"rendered":"\n

His Highness Sheikh Mansour bin Zayed Al Nahyan<\/em>,\nDeputy Prime Minister, Minister of Presidential Affairs and Chairman of Abu\nDhabi Judicial Department (ADJD), issued Decision No. 8 of 2022 approving the\nRegulations for the implementation of the Civil Marriage and Divorce Law No. 14\nof 2020 in the Emirate of Abu Dhabi.<\/p>\n\n\n\n

His Excellency Youssef Saeed Al Abri<\/em>, Undersecretary of\nAbu Dhabi Judicial Department, said that the regulations encompass all the\ndetails pertaining to the organisation of legal proceedings under the Civil\nMarriage and Divorce Law in the Emirate of Abu Dhabi, a law that introduces a\nmodern and advanced concept of civil family law for foreigners in line with\ninternational best practices.<\/p>\n\n\n\n

the regulations, he\nexplained, span 52 articles dealing with the jurisdiction of the Civil Family\nCourt, which has been established in the Emirate of Abu Dhabi, to decide on\nclaims and disputes related to civil marriage and its effects, such as civil\ndivorce, joint custody of children, financial rights arising out of divorce,\nwills, civil inheritance, proof of parentage, adoption and other foreign\nnationals’ personal status issues.<\/p>\n\n\n\n

The second chapter of the\nDecision deals with civil marriage procedures and the conditions for its\nconclusion, the most important of which is the absence of the requirement for a\ntutor or guardian for the wife and the absence of the requirement of witnesses,\nin addition to the possibility of concluding civil marriage contracts for\ntourists and individuals residing outside the Emirate or outside the country, a\nservice that is provided by the Emirate of Abu Dhabi exclusively in the region.<\/p>\n\n\n\n

The third chapter covers\ncivil divorce procedures or what is known as \u201cno fault divorce\u201d, which is based\non the equal right of both spouses to initiate a divorce without prejudice to\nthe wife’s financial rights in connection with the divorce, from the first\nhearing without the need to prove prejudice or justify the reasons for\nseparation, thus making it possible to complete the procedures in an easy and\nswift manner in order to reduce quarrels and discord between the spouses,\nespecially if the couple has children.<\/p>\n\n\n\n

Article 13 of the Decision\ndeals with the procedures for filing the civil divorce application, and\nstipulates that the applicant must fill out the bilingual application form\nprepared for this purpose, without the need for the assistance of a lawyer. The\ndefendant may challenge the court’s jurisdiction only, without any other\ndefence on the merits, no later than 10 working days prior to the date of the\nhearing scheduled for the pronouncement of divorce. The court renders the\ndivorce decision at the first hearing after 30 days from the date of approval\nof the application.<\/p>\n\n\n\n

Articles 15, 16 and 17 set\nout the financial rights resulting from civil divorce and the discretionary\npower of the court to require one spouse to pay a lump sum amount as\ncompensation to the other party after divorce and the accounting criteria on\nwhich the court relies, such as the number of years of marriage, the age of the\nspouses and the extent to which one of them contributed to the breakdown of the\nmarital relationship, the material or moral damage suffered by any party or a\nprevious or subsequent loss of profit.<\/p>\n\n\n\n

The fourth chapter deals\nwith the joint custody of children, which is systematically granted on an equal\nbasis to the father and mother, and details the method of alternating and\ndispatching joint custody between the parents, either weekly, fortnightly or\nmonthly, how to oppose it if there are grounds for doing so, or to request the\nrelinquishment of custody or the exclusion of the partner from joint custody,\nwhether it is legal or real custody or both.<\/p>\n\n\n\n

The regulations stipulate\nin Article 33 the cases of exclusion of the father or mother and the forfeiture\nof his or her right to joint custody, either temporarily or permanently, in the\nevent that one of the cases that are detrimental to the interests of the child\nis realised, and indicate how to request the intervention of the court in the\nabsence of an agreement on a decision relating to the child after the divorce,\nas well as the organisation of the child’s travelling during the period of\njointly custody.<\/p>\n\n\n\n

The fifth chapter details\nthe special rules for the consideration of civil family matters as its\nprocedures differ from those provided for in the Civil Procedure Law, and the\ncase is brought directly before the court for determination at the first\nhearing without going through the Family Guidance procedure. The court\nproceedings have the particularity of being bilingual, both in court forms and\nin oral proceedings. The court has the discretion to conduct court proceedings\nin English if both parties to the proceedings are not familiar with Arabic,\nprovided that the claim form and judgment are filed in Arabic and English.<\/p>\n\n\n\n

The\nsixth chapter, finally, addresses appeal proceedings against judgments and\nenforcement proceedings, as the judgment rendered by the court is final and\nenforceable at once following its issuance if the amount adjudicated is less\nthan 500,000 dirhams, in cases of alimony and post-divorce financial rights\nproceedings.<\/p>\n","protected":false},"excerpt":{"rendered":"

His Highness Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and Chairman of Abu Dhabi Judicial Department (ADJD), 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. His Excellency Youssef …<\/p>\n","protected":false},"author":2,"featured_media":43121,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-43120","post","type-post","status-publish","format-standard","has-post-thumbnail","","category-news"],"_links":{"self":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/43120","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/comments?post=43120"}],"version-history":[{"count":1,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/43120\/revisions"}],"predecessor-version":[{"id":43122,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/43120\/revisions\/43122"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/media\/43121"}],"wp:attachment":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/media?parent=43120"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/categories?post=43120"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/tags?post=43120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}