United Arab Emirates announce new divorce legal guidelines for non-Muslims; No-fault divorce, joint parenthood, alimony calculation primarily based on years of marriage
The United Arab Emirates (UAE) is poised to introduce a new Federal Decree Law on Civil Status effective 1 February 2023. According to a report by the Khaleej Times, the federal civil status law will regulate the terms of marriage and the procedures for entering into marriage and marriage in court.
The new law will change divorce procedures in the country and determine how contracts are formalized – whether initiated by one or both parties. The new family law also regulates inheritance, will and paternity procedures.
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Brief Conditions for New Divorce Laws
The new law recognizes civil marriage contracts provided they meet a number of conditions:
- Spouses must be at least 21 years old and a declaration form must be filled out in front of a judge
- To file for divorce under the new law, a spouse must notify the court of their intention to end the marriage “without having to justify, explain, or blame the other spouse.”
- They can file for divorce without proving that they were harmed during their marriage
Speaking to the Khaleej Times, legal expert Dr. Hasan Elhais of Al Rowaad Advocates passed the law and said it will give women equal rights in court proceedings. He added,
Another important change is that alimony is now calculated and decided based on several factors, including years of marriage, the financial status of both spouses, and the extent to which the husband is responsible for the divorce.
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custody of children
Custody of children is granted equally to both parents, unless one petitions the court to exclude the other on the basis of the best interests of the child.
Under the new law, a non-Muslim expat can make a will to transfer assets to anyone. In the absence of a will, half of the property is automatically transferred to the surviving spouse and the remainder divided equally among the children. Under Sharia law, the majority of inheritance would go to the male child.
Paternity for non-Muslims is based on marriage or acknowledgment of paternity. If the parents are unknown, tests are carried out.
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Equal laws for men, women
The UAE government hopes the move will enhance its status as an attractive destination for talent from around the world. The law applies to all non-Muslims in the country. Equal legal rights for men and women were among changes announced last year.
Speaking to media outlet Time Out Dubai, a government statement said:
The provisions of the Decree-Law apply to non-Muslim foreigners residing in the country, unless someone complies with the application of their country’s laws.
In addition, non-Muslim aliens may agree to implement other marital or civil status laws in force in the UAE in lieu of the provisions of this Legislative Decree.
Personal status for non-Muslim expatriates
The Civil Court for Non-Muslims was inaugurated in Abu Dhabi in December 2022 to provide non-Muslims with a flexible legal mechanism to resolve family disputes.
Trials are held in Arabic and English to make it easier for foreigners to understand trials and to increase the transparency of the judicial system.
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- Almost every other country in the world has changed their personal laws, allowing spouses an easy exit from an abusive or dead marriage
- Almost all jurisdictions take into account the number of years of marriage, whether or not the couple has children, fixed alimony dates, educational qualifications, and the wife’s earning capacity to allow them to return to work in the event of a divorce (also known as “rehabilitation alimony”). ‘)
- In India, however, suffragettes have played their cards very well over the decades, where adultery has been decriminalized but life support for married women remains even if she leaves her husband’s home within a day
- Currently, courts are inundated with preliminary alimony cases arguing quantity without proving a single charge against the husband
- Several judgments contain explanations/directions to husbands to “beg, borrow, steal, but pay fully able-bodied wives” even if they have lost their jobs for genuine reasons
- Once provisional maintenance is awarded, thanks to the speed of our justice system, it will be for the next 10-15 years
- Custody of children is handed over to mothers more than 95% of the time, while estranged fathers have been reduced to ATMs “supporting estranged wife and child” – without even allowing them to see their children
- Current marriage laws in India, particularly the Hindu Marriage Act, are nothing short of a legal blackmail system against men, indirectly funding a well-oiled system
- As the Indian government is trying to introduce a unified civil code, one can only hope that the laws are progressive and balanced in the face of the changing times, unlike previous governments which only accounted for the arming and only the wives with gender specific laws
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- On the other hand, the Union Minister of Justice, Kiren Rijiju, in August 2022 disproved all plans Allowing divorce in India for ‘irretrievable marital breakdown’
- There is also massive pressure from left-wing feminists to get involved Marital Rape Law in India – which again allows disgruntled wives to turn every marital dispute into husband rape. This will also result in large alimony payments as there is no penalty in India for a woman who files false cases
- Marital rape PIL to go to Supreme Court – 2 out of 3 judges have publicly voted in favor of criminalizing the same in the past (Please note that sexual violence in marriage is already covered under 498A IPC, 377 IPC, Domestic Violence Act 2005)
- India can never become Vishwaguru if it believes in appeasing only one sex – women – and completely oppressing men by introducing more and more unilateral laws in favor of women
- We don’t believe in making women atmanirbhar, we believe in “empowering” them with biased laws, freebies and lifetime privileges – Come 3022India will still remain a patriarchal country!
- It is time for India to establish a firm schedule to end life’s dark chapters and thereby allow both parties to start a new life
- Currently, marriage laws are designed to gratify the false egos of estranged wives, leaving real victims with no quick justice
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United Arab Emirates announce new divorce laws for non-Muslims; No-fault divorce, joint parenthood, alimony calculation based on years of marriage
▪️ Alimony is decided based on “how much the husband is responsible for the divorce” @narendramodi @AmitShah @KirenRijijuhttps://t.co/Jv0MxkY3Fu
— Voice for Men India (@voiceformenind) January 29, 2023
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