Civil Divorces in UAE – Guide

civil divorce in uae

Civil Divorces in UAE

civil divorce in uae

Divorces for non-Muslim residents of the UAE. are now subject to a new UAE. Civil Personal Status Law.

This new law applies specifically for non-Muslims and will now be the default law for all non-Muslim divorces.  The law is UAE Federal Decree Law No. 41 of 2022. Which came into effect on February 1, 2023.

  • At a high level, the new law states that men and women are equal, in divorce, in terms of their rights and obligations.
  • This means that, among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.
  • Also, both parents, by default, have equal and joint right to custody of their children. 
  • Notably, this right is also granted to children, so that they are not deprived of one parent or another.  
  • Furthermore, irrespective of the type of divorce, women have the right to alimony from their ex-husbands. Which is calculated based on a number of expressed factors.
  • Also, noteworthy, parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law.

Civil Divorces in UAE | FAQ

The alimony for women in non-Muslism divorces are calculated based on a number of factors:
They include, among other things:

  • Years of marriage
  • Wife’s age
  • Financial position of the spouses
  • Father’s financial support towards joint children’s custody
  • The extent of wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.

No. As per the law, the wife’s right to alimony ends in the event she remarries.

Yes. Among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.

Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another

Yes. Parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law

Civil Marriages in UAE | Overview

Civil Marriages in UAE - Non-Muslim Residents & Citizens

Civil Marriages in UAE

Civil Marriages in UAE - Non-Muslim Residents & Citizens

Civil marriages in UAE can now be registered in the country, across all Emirates.  The right to have a civil marriage in UAE is available for all non-Muslim: 1) residents and 2) citizens.  

  • At a high level, civil marriages in UAE are registered in the local Courts, of the relevant Emirate, before a specialized notary judge.
  • Previously, only Muslim marriages could be registered in the UAE. Courts

To qualify for a civil marriage in UAE:

  • The couple must be a man and woman, who are at least 21 years old.
  • Both of them must be single, as confirmed by a declaration to that effect.
  • And, the marriage must be 1) consensual and 2) not incestuous.

Among other things, at the time of registering the marriage, the parties can also register:

  • A marriage contract, outlining the terms of their marriage and divorce, or otherwise known as a prenuptial agreement.
  • As well as a will, outlining the distribution of the parties’ interests in the event of death.

Civil marriages in UAE. have become possible by virtue of a brand new law, which is the UAE Federal Civil Personal Status Law No. 41 of 2022. Which came into effect on February 1, 2023.

Notably, prior to this federal law, civil marriages were available in the Emirate of Abu Dhabi only. By virtue of Abu Dhabi’s own law. 

Civil Marriages in UAE | FAQ

Yes, prior to this federal law, civil marriages were available in the Emirate of Abu Dhabi only. However, now it is applicable across all Emirates.

At a high level, civil marriages in UAE are registered in the local Courts, of the relevant Emirate, before a specialized notary judge.

The right to civil marriage in UAE is open to all non-Muslim residents and citizens in the country.

In order to qualify for civil marriage in UAE: 

  1. The couple must be a man and woman, of at least 21 years of age.
  2. Both of them must be single. 
  3. And, the marriage must be consensual

Yes, now non-Muslim civil marriages can have a marriage contract, outlining the terms of their marriage and divorce.

Business Setup in Dubai OR Other Emirates | Overview

how to setup business in Dubai & other emirates

Business Setup in Dubai OR Other Emirates | Overview

how to setup business in Dubai & other emirates

To start a business in Dubai or other Emirates, there are a few rules and guidelines.

  1. First and foremost, you need to have a business license.
    This license needs to be for a specific business activity, which you wish to conduct.
  2. Depending on the activity, you need to choose the relevant economic zone.
    It could be either on the mainland or in a free zone. In the Emirate of your choice.
  3. The exact location of your business would also depend on 1) whether and 2) what type of employees you wish to hire. 
  4. Once you choose the right business zone, you need to submit an application to that authority, with the relevant information about yourself and your business. And pay the licensing fee.
  5. You also need to choose an office and sign a lease agreement.
    It could be either for a physical office or a flexi-desk.
  6. You will also need to create your corporate logo and stamp

These are some of the required steps for the issuance of a basic business license.

Additionally, depending on your business, you may also be required to:

  • Open a corporate bank account.
  • Obtain various insurance policies.
  • Appoint an auditor.
  • And, register your business with the tax authority.

Importantly, your business license will need to be renewed every year, along with the submission of certain documents and payment.

Business Setup in Dubai OR Other Emirates - FAQ

First and foremost, you need to have a business license. This license needs to be for a specific business activity, which you wish to conduct.

Yes, you are a business license in order to home business in Dubai or the other Emirates.

Minimum age for trading or owning a business in the U.A.E. has been lowered to 18 years of age. This is as compared to the previous law, which had set the minimum age to 21

Yes. Minors who are between the age of 15 and 18, can also trade. Although they are subject to certain regulations, as per the U.A.E. Cabinet.

Yes, you require a business license even if you are a Golden Visa holder.

How to Buy Property in Dubai OR Other Emirates

buying property in dubai & other emirates

How to Buy Property in Dubai OR Other Emirates

buying property in dubai & other emirates

To buy property in Dubai or other Emirates – what do you need to know

First, identify the reason for buying property in Dubai or other Emirates.
Is it an investment or for your own use?

Next, do you want the property to be ready now?  Or you want to invest for the future?

Then, decide on the Emirate and specific location within it.

Remember, that expats can only own in designated freehold zones.

Review carefully the title deed, to know:

  • Who the sellers are;
  • Whether the property is mortgaged or paid off;
  • And the property specifications, such as size and parking.

Furthermore, it is important to:

  • Conduct thorough property inspection.
  • And understand whether the property is rented or not

Then, come the commercial factors.

  • Make sure that you agree on the purchase price ahead of time and that you can afford it.  
  • Remember, that there is often a 10% deposit that is held with the agent.  Although it is not required by law.
  • Then, identify the amount of the annual service charges.
  • In addition, you will also have to pay a 4% registration fee to the government. 
  • As well as real estate brokers’ fees

Finally, make sure that whoever you are dealing with is either 

1) the property owner or
2) an official representative with the specific Power of Attorney

Importantly, all of this information should be clearly documented in the underlying agreements, which you understand.

The transfer of ownership happens at one of the official transfer centers, at the end of which you will receive a new title deed, in your name.

Buying Property in Dubai or Other Emirates - FAQ

Yes. Often, there is a 10% deposit that is held with the agent.  Although it is not required by law.

Yes. Expats can buy property in Dubai or other Emirates. However, you can only own in designated freehold zones.

You need to review the title deed to know: 

  • Who the sellers are;
  • Whether the property is mortgaged or paid off;
  • And the property specifications, such as size and parking.

The transfer of ownership happens at one of the official transfer centers, at the end of which you will receive a new title deed, in your name.

1) The property owner or
2) An official representative with the specific Power of Attorney.

Medical Insurance Dubai | Minimum Coverage

medical insurance dubai - minimum coverage

Medical Insurance Dubai | Minimum Coverage

medical insurance dubai - minimum coverage

Medical insurance Dubai, which is mandatory, has to provide minimum coverage

The minimum coverage must meet the requirement of what is called – the “Essential Benefits Plan.” 

This Plan specifies the bare minimum benefits and coverage, which every policy of medical insurance Dubai must include.

At a high level, the policy covers basic:

  1. Tests,
  2. Diagnosis, and
  3. Treatments within Dubai; and possibly other Emirates, depending on the insurance.
  4. As well as emergencies in all Emirates.
  • The Essential Benefits Plan also includes a specific, albeit limited, network of medical providers. 
  • Furthermore, under this Plan, the combined claim amount is up to AED 150,000.00, for every year of coverage.

  • Importantly, the Essential Benefits Plan automatically applies to all residents in Dubai, with salaries below AED 4,000.00/month.

  • This medical insurance Dubai requirement and level of coverage are expressly provided for in the Dubai Law No. 11 of 2013 re. Health Insurance in Dubai and, specifically, Articles 7 (1) and 9.

Therefore, all Dubai residents, by default, must have the Dubai medical insurance coverage, as per these specifications. In fact, as part of the Dubai residence application, the sponsor must present proof of the Dubai medical insurance coverage, in order to process their employee’s visa.

This means that, all of those employees, who are sponsored by Dubai companies, must have the Basic medical coverage. Although, often, it seems that many employees are not aware of this. 

Medical Insurance Dubai - FAQs

The minimum coverage of the Dubai Medical Insurance must meet the requirement of what is called – the Essential Benefits Plan. The EBP must cover all basic benefits and coverage that includes tests, diagnosis, emergencies and treatments within Dubai. It could also possibly include other Emirates depending on the insurance type.

At a high level, the Dubai Medical Insurance policy must cover the following: 

  1. Tests
  2. Diagnosis
  3. Treatment within Dubai
  4. Possibly other Emirates depending on the insurance type

Yes, the Dubai Medical Insurance covers emergencies across all Emirates. 

The Dubai Medical Insurance – Essential Benefits Plan automatically applies to all residents in Dubai with salaries below AED4,000/month. 

You can claim up to a combined amount of AED 150,000 for every year of coverage. 

Age for Freelance License in UAE

Age for Freelance License in UAE

Age for Freelance License in UAE

Age for Freelance License in UAE

 

UAE Freelance licenses in Dubai or any other emirates are now available for those who are 18 years of age and up  

 

Previously, to start a business in the U.A.E., including freelance businesses, could only be done by those who were at least 21 years old. Now, the free-zones, in particular, across most of the Emirates, have extended the option of setting up the UAE freelance licenses to anyone who reaches the age of 18.

 

For the time being, however, for those who wish to set up on the mainland, the minimum age remains 21. Although, it should just be a matter of time before the mainland also lowers its requirement to 18

 

To clarify, the mainland is an economic zone under the jurisdiction of DED, or the Department of Economic Development. The changes to the minimum age requirement stem from the recent legislative amendments.

 

In particular, the new U.A.E. Commercial Transactions Law, which is the Federal Decree Law No. 50 of 2022, and Articles 18.1 and 18.2, in particular. That law replaced the previous Commercial Transactions Law No. 18 of 1993.

Fines for False UAE Absconding Cases Against Domestic Workers

False absonding uae cases against domestic worker

Fine for Filing False UAE Absconding Case Against Domestic Workers

False absonding uae cases against domestic worker

 

UAE Absconding reports, against domestic workers, which are filed fraudulently or fictitiously, are expressly against the law. And as such, are now subject to specific penalties and fines.

1. In particular, employers, who maliciously file UAE absconding reports against their domestic workers, are subject to a fine of AED 5,000 for each domestic worker.
2. Importantly, the authority that regulates employment of domestic workers is MOHRE3. And it is MOHRE directly, that has the ability to impose such fines on breaching employers, without the need to go to court.  

Furthermore, when an employer is fined, that employer’s file becomes suspended, preventing them from hiring new domestic helper, until the fine is paid. This provides an effective solution against fraudulent or malicious UAE absconding reports.
By not only deterring employers from such abusive practices, but also allowing domestic helpers to file such complaints more easily.
This is in line with the UAE Cabinet Resolution No. 106 of 2022, re: the Executive Regulations of Federal Decree Law No. 9 of 2022 on Domestic Workers. And, in particular, Schedule No. 2, which is annexed to the Resolution.

Fines for False UAE Absconding Cases Against Domestic Workers- FAQs

As per the law, employers, who file false UAE absconding reports against domestic workers, are subject to a fine of AED 5,000, for each domestic worker.

When an employer is fined, their files get suspended which prevents them from hiring new domestic helpers, until the fine is paid.

The employment of domestic workers is regulated by the Ministry of Human Resources & Emiratization (MOHRE).

Health Insurance in Dubai

Health Insurance in Dubai

Health Insurance in Dubai

Health Insurance in Dubai


Health insurance for Dubai residents is mandatoryThis means that all sponsors are required to provide the Dubai health insurance to their dependents.  

This is so, whether residents are sponsored by someone else or self-sponsoredTherefore, all those who sponsor their family members, including under a Golden Visa, are required to provide Dubai health insurance to their dependents

And for those who are sponsored by their employers, the obligation is on the company to provide the Dubai health insurance for them.

Importantly, for those employees who are sponsored by either

1) Family members or

2) Self-sponsored, the obligation for the Dubai health insurance lies on the sponsor, and not the employer.  


Furthermore,
failure to provide health insurance in Dubai is subject to various penalties. For example, employers who sponsor their employees, but fail to provide medical insurance, are subject to a fine of a minimum of AED 1,000/employee.

Overall, the Dubai health insurance legislative framework in Dubai is rather extensive, with over 120 regulations, directives, circulars, notices, and guidelines issued by various authorities. But one of the most notable ones is Dubai Law No. 11 of 2013 re. Health Insurance in Dubai and, specifically, Articles 7 (1) and 9. As well as, Dubai Executive Council Resolution No. 7 of 2016 on Fees and Penalties regarding Health Insurance in Dubai.

Health Insurance in Dubai - FAQs

Yes, the Dubai Health Insurance in UAE is mandatory for all residents.

Yes. All sponsors are required to provide the Dubai Health Insurance to their dependents.

It is the obligation of the sponsor and not the employer to provide the Dubai Health Insurance in UAE.

The obligation is on the company to provide the Dubai Health Insurance for them.

Yes. The employer who fails to provide Dubai Health Insurance will be subject to a fine of a minimum of AED 1,000/employee.

Wage Protection System for Domestic Workers

Wage protection system for uae domestic workers

Wage Protection System for UAE Domestic Workers

Wage protection system for uae domestic workers

I.            Relevant Legislation

        Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers;

        Cabinet Resolution No. 106 of 2022 Concerning the Executive Regulations to Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers;

        Cabinet Resolution No. 675 of 2022 on Payment of Some Domestic Workers’ Salaries though the Wage Protection System.

 

II.              Scope of Application

The Wage Protection System, as is relevant to U.A.E. Domestic Workers, does not apply to all categories of domestic workers.  Notably, it excludes categories such as housekeepers, nannies, and gardeners.  Specifically, it is only applicable to those who fall within the following five (5) categories:

1)    Private agricultural engineers;

2)    Private tutors;

3)    Personal Trainers;

4)    Home nurses;

5)    Personal Assistants.

However, as a measure of protection, and as per Article 5 of the new U.A.E. domestic workers law, Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers, licensed recruitment agencies are obligated to provide all employers of domestic workers in any category, with a booklet of wage receipts or any document to prove payment of wages.

 

III.            Exemptions  

Employers of the above-mentioned 5 categories of domestic workers in the U.A.E. are exempt from paying domestic worker salaries through the WPS in the following cases:

1)    If the U.A.E. domestic worker has a pending employment complaint, and does not work for the employer;

2)    If there is a report of absence from work against the U.A.E. domestic worker;

3)    If the U.A.E. domestic worker is newly employed; during the first 30 days of their employment.

 

IV.            WPS Requirements

        January 1, 2023:  Employers of domestic workers in the U.A.E. have the option to register on the WPS;

        April 1, 2023:  Employers required to register and pay U.A.E. domestic worker salaries. 

        Salaries for a specific month are due on the first day of the following month.  And, are considered late if they have not been paid through WPS within one month of the due date. 

        An employer is considered to have fulfilled the WPS requirement if they have paid 80% of more of the domestic worker’s salary through the WPS system.   However, if the employer has paid 75-79% of the U.A.E. domestic worker’s salary, they must submit a supporting document justifying the salary deduction (Article 3)

 

V.              Supervisory Authority

        Starting in February, and at the start of every month, MOHRE is tasked with notifying and warning employers about the importance of registering in the WPS.

        On the 2nd and 8th day from the salary due date, MOHRE is also tasked with notifying and warning employers about the importance of paying the relevant domestic worker salaries through WPS.

 

VI.            Penalties

        If any U.A.E domestic worker’s salary has not been paid within 2 months of the due date, the employer’s file is suspended until the salary is paid.  For those U.A.E. domestic workers subject to WPS, the payment must be made through WPS.  This prevents the employer from recruiting, or hiring any additional domestic workers.

 

        Employers of U.A.E. domestic workers who fall within the 5 categories who fail to register on the WPS will be fined AED 100.00 per domestic worker. 

WPS for Domestic Workers UAE - FAQs

The U.A.E. Wages Protection System was developed by the U.A.E. Central Bank.  The aim of this system is to ensure that employees are paid their salaries timely as per their employment contract.

Yes. The Wage Protection System, as is relevant to U.A.E. Domestic Workers, however, does not apply to all categories of domestic workers.  Notably, it excludes categories such as housekeepers, nannies, and gardeners. 

Yes, as per Ministerial Resolution No. 788 of 2009, at least 80% of the total monthly salaries should be transferred through UAE WPS each month.

Yes. On January 18, 2023, the DMCC Dubai announced that it would be implementing the U.A.E. Wages Protection System (WPS), for employees. Click here to learn more. 

The UAE WPS is only applicable 5 categories of domestic workers. These include the following: 

  • Private agricultural engineers;
  • Private tutors;
  • Personal Trainers;
  • Home nurses;
  • Personal Assistants.

Public Registry for Companies’ Information

Public Registry for Companies’ Information

Public Registry for Companies’ Information

Public Registry for Companies’ Information

A new law regarding a public registry for companies’ information has been issued.  The new law is Cabinet Decision No. 107 of 2022 Issuing the Executive Regulations to Federal Decree Law No. 37 of 2021 Concerning the Commercial Registry. 

In brief, Article 2 of this law outlines all the details which the registry must include for all companies.  These details are for: 1) the company; 2) the owners, and 3) the management. 

  1. The company: The details include but are not limited to: a) address(es), b) license details; c) legal form; and d) manager’s name.

  2. The owners: This includes owners’ names and details such as: a) contact details (mobile and email), and b) Emirates ID or Passport numbers.

  3. The management: Lastly, the registry must also include the management’s details, which include: a) directors’ names and their details (including Emirates ID numbers and/or passport numbers); and b) Ultimate Beneficial’s Owner’s (UBO) details.

UAE Public Registry - FAQs

The public registry must be included for all companies within the UAE.  These details are for the company; the owners, and the management. 

The details include but are not limited to:

  1. Address(es),
  2. License details;
  3. Legal form; and
  4. Manager’s name. 

This includes owners’ names and details such as: a) contact details (mobile and email), and b) Emirates ID or Passport numbers.  

The registry must include the management’s details, which include: a) directors’ names and their details (including Emirates ID numbers and/or passport numbers); and b) Ultimate Beneficial’s Owner’s (UBO) details.