New UAE Personal Status Law: Asset Distribution & Division

The new UAE Personal Status Law, No. 41 of 2024, introduces significant changes to the distribution of assets amassed by spouses during their marriage. Effective from April 15, 2025, this law explicitly recognizes contributions of each spouse toward the growth or acquisition of wealth during the marriage, a concept previously absent from the legal framework. It would appear that the form of spousal contribution is not only confined to financial contribution but rather presupposes other forms of contributions. Which could include time, intellectual property, other forms of resources and the like.

Key Provisions of Article 51
Article 51 of the new Personal Status Law provides for different scenarios as regards asset ownership and contributions:

1. Independently Owned Assets:

  • Assets acquired individually by one spouse are held to be separate property and not shared or mutually dependent.

2. Wife’s Assets:

  • Any assets or money accumulated solely by the wife remain entirely her property.

3. Assets Contributed to Jointly:

  • If one of the spouses contributes to an increase in wealth or to the acquisition of property during the marriage, both spouses have a claim against the contributed share. This claim exists not only against the other spouse but also against the inheritors or beneficiaries of the other spouse’s estate.

Implications of Article 51

1. Independent of Divorce Proceedings:

  • Article 51 is situated under the heading “Marriage” and not under “Divorce” or “Alimony,” which provides the right to a spouse to make claims independent of divorce.
  • However, it is envisioned that this article will, in practice, be invoked more often in divorce cases since the issue directly relates to the partition of estates and property.

2. Claims in Probate Proceedings:

  • The law has clearly provided that claims can be filed at the time of inheritance. In such a case, the spouse, or even an ex-spouse, can claim against the contribution made towards others’ wealth or estates.
  • This will amount to unjust enrichment if the inheritors of one spouse takes the contribution of the other spouse unduly. Article 253, Personal Status Law allows for criminal liability against persons concealing, damaging, or fraudulently taking for himself the whole or part of money forming part of an inheritance and provides for sanctions involving imprisonment and/or fine of AED 5,000 to AED 100,000.

Need to Identify Contribution

Historically, UAE law did not provide explicit recognition for contributions by one spouse toward the other’s assets. This means that even if a wife contributes 50% toward, say, some property, at the time of divorce, informal claims would become necessary to show her share of ownership. By introducing this rule, the law now formalizes such claims through clear legal entitlement of spouses with contributions, both financial and not, to protection of such participation.

Legal and Practical Implication

Article 51, along with other provisions, has marked an important milestone in the pursuit of equity in the distribution of both marital and post-marital assets. By giving formal recognition to spousal contributions, whatever their type may be, the law has provided a robust framework for addressing disputes relating to jointly amassed wealth with fairness and accountability in divorce and inheritance cases.

Understanding Custody Loss for Mothers of Different Religions in the U.A.E.

The United Arab Emirates has certain custody laws, which are highly based on Islamic law, especially regarding the religious orientation of the children.

The article below discusses the conditions in which a mother may be deprived of custody of her children due to her religion being different from that of the children under the U.A.E. Personal Status Law, Federal Law No. 28 of 2005.

KEY PROVISIONS OF THE U.A.E. PERSONAL STATUS LAW

Article 144 and 145: Religion and Custody

  • Article 144. The custodian, whether female or male, must be of the same religion as the child.
  • Article 145. This article also reaffirms that a mother of a different religion will forfeit custody; the normal exception being up until the age of five, which is left to the discretion of the judge.

Practical Consequences

This law predominantly affects Muslim children. According to U.A.E. law, a child is considered Muslim if the father is Muslim, irrespective of the mother’s religion. Thus, a non-Muslim mother (e.g., Christian or Jewish) married to a Muslim man may face custody challenges if they divorce.

Detailed Breakdown of the Law

Article 142. Fostering is defined here as the safekeeping, education, and care of the child, provided such services do not clash with the tutor’s right of tutelage.

Article 143. In addition, the characteristics to be fulfilled by a fosterer include sound judgment, maturity, fidelity, capacity to care for the child, absence of contagious diseases, and a clean record without previous or current penal charges.

Article 144. These conditions are then elaborated upon:

  • For women: Not being married to a man unrelated to the fostered child unless the court decides otherwise and being of the same religion as the child.
  • For men: Having a woman able to foster, being closely related to a fostered girl, and being of the same religion as the child.

Article 145. A mother loses custody if she is of a different religion than the child, unless a judge decides otherwise until the child is five years old.

Custody Scenarios

  • Marriage and Divorce: An interfaith marriage of a non-Muslim woman and a Muslim male is treated as a Muslim marriage. The children are construed as Muslims, and if the marriage breaks up, child custody is denied to the mother unless she embraces Islam or the court gives her interim custody until the child attains the age of five years.
  • Judicial Discretion: The law allows judges to use their discretion in the child’s best interest. This provision allows for some flexibility but is usually limited to the early years of the child’s life.

Conclusion

The Personal Status Law of the U.A.E. reflects the commitment of the country to Islamic principles, especially in the religious upbringing of children. Knowledge of these laws is important for parents in interfaith marriages, especially when divorce is involved.

For non-Muslim mothers, this knowledge of these legal provisions is important and, hopefully, will helpfully consider all custody issues and allow for the best possible result for their children.

For more specific legal counsel and advice, a legal professional should be consulted—one that has experience with U.A.E. family law—who can provide an idea regarding the specific circumstances and pursue any and all legal options available to one’s situation.

Understanding Alimony in UAE Divorces: Non-Muslim and Muslim Marriages

The UAE has different legal frameworks concerning alimony in divorce cases, reflecting its diverse population and the balance between civil laws and Islamic traditions. Every divorce case is thus governed either under the Civil Personal Status Law for Non-Muslims or the Personal Status Law for Muslims. The following section debates how alimony is determined under each system, indicating key factors and conditions.

ALIMONY IN NON-MUSLIM DIVORCES

For non-Muslim spouses, alimony is provided for under the Civil Personal Status Law for Non-Muslims through Decree Law No. 41 of 2022, effective February 1, 2023. The following factors are considered in determining alimony under this law:

  1. Years of Marriage. The length of the marriage impacts the amount of alimony awarded; the longer the marriage, the higher the financial support.
  2. Wife’s Age. The wife’s age is taken into consideration to determine her viability for self-sufficiency.
  3. Financial Position of the Spouses. The financial conditions of both spouses, their income and assets, are considered for a just settlement.
  4. Father’s Contribution to Joint Custody. The amount contributed to the costs of joint custody, including housing, education, and healthcare is taken into account
  5. Wife’s Involvement in Children’s Life. The extent to which the wife has participated in raising and taking care of the children influences the alimony
  6. Reason for Divorce. The grounds for the divorce may play a factor in the amount of alimony awarded, especially when grounds include fault or misconduct.

Pre-Nuptial Agreements

One peculiar aspect of non-Muslim divorces is that it allows for the enforcement of pre-nuptial agreements, which can provide the terms upon which separation is to be made and even alimony for the wife. The Civil Personal Status Law enables the courts to enforce such agreements, as long as they are valid and do not offend public policy. This gives the couple leeway to determine financial issues before marriage, thus minimizing disputes during divorce.

Termination of Alimony

The general rule of the law is that a wife’s entitlement to alimony automatically terminates in case of her remarriage. However, such provisions can be modified by a valid pre-nuptial agreement. If the agreement provides for continuing alimony after the wife’s remarriage, the courts may enforce such terms.

This flexibility gives a non-Muslim couple substantial freedom in developing their financial settlement, as long as the agreement does not violate any law or principle of public policy. Future Executive Regulations will likely further flesh out these provisions.

ALIMONY IN MUSLIM DIVORCES

The Personal Status Law, based on the principles of Shariah, controls alimony and support payments for married Muslim couples. The major provisions are outlined below:

  1. Iddah Period (Three Months). The husband is bound to pay the living expenses of the wife for the period of Iddah, which is three months after divorce. This waiting period ensures the wife’s well-being and also satisfies the religious requirements.
  2. Custodial Payments for Mothers. She will receive a monthly allowance if she is granted custody of the children, as compensation for being the custodian of the children. This amount is in addition to child support and helps the mother to take care of the children.

Alimony Termination

  • A wife’s alimony automatically stops if she remarries.
  • Alimony can also cease if the wife is proven to not be a “good Muslim.” For example, her lifestyle, behavior, or conduct may be considered against Shariah principles.

Major differences in Non-Muslim and Muslim Alimony

  • Prenuptial Agreements. In non-Muslim divorce, there is more freedom with financial matters as there can be an enforcement of pre-nuptial agreement, while in Muslim divorce, there are Shariah principles which the pre-nuptial agreements cannot override it.
  • Scope and Duration of Alimony. Non-Muslim divorces usually have more comprehensive and long-term allowances. In Muslim divorces, the emphasis is on temporary support, such as during the Iddah period, and custodial allowances.
  • Termination Conditions. Although alimony in both systems does not continue after the wife’s remarriage, for Muslim divorces, the wife’s adherence to Islamic values can be a factor that affects her right to alimony.

Conclusion

The UAE’s dual legal framework offers tailored solutions for non-Muslim and Muslim divorces, reflecting the country’s multicultural landscape and Islamic heritage. Non-Muslim couples benefit from greater flexibility through pre-nuptial agreements and broader financial considerations, while Muslim divorces emphasize Shariah principles and temporary support.

For personalized advice on your rights and obligations under these laws, consult an experienced legal professional to protect your interests.

Understanding Alimony Calculation For Non-Muslim Divorcees In The UAE

INTRODUCTION
This post explains how alimony is calculated for non-Muslim divorcees in the United Arab Emirates, using Federal Decree-Law No. (41) of 2022 on Civil Personal Status. That provided the applicable legislation with regard to family matters in the UAE, regarding civil marriage, divorce, custody, inheritance, and proof of parentage in respect of the determination for non-Muslim residents.

OVERVIEW OF RELEVANT U.A.E. LAWS AND REGULATIONS
U.A.E. Federal Law
In the UAE, personal status issues in respect of non-Muslims are provided for by Federal Decree-Law No. (41) of 2022 on Civil Personal Status (“Civil Personal Status Law”). Article 9 (Divorcee Alimony) provides the various elements that the relevant court considers in determining the divorcee’s alimony.

Cabinet Decision
The judge may consider more information regarding the alimony of a divorcee under Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022, specifically Article 10: Alimony.

Abu Dhabi Law & ADJD Resolution
Under Abu Dhabi’s Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners, Article 8 prescribes the factors to determine alimony upon divorce, just like Article 9, Divorcee Alimony of the Civil Personal Status Law. In addition, Resolution No. (8) of 2022 regarding Marriage and Civil Divorce Procedures addresses a wide scope of alimony, including the determining factors and the finality of the same.

APPLICATION OF LAWS
This set of laws and regulations applies to all non-Muslim citizens of the United Arab Emirates as well as non-Muslim residents in the United Arab Emirates, unless the latter request the application of the laws of their respective home countries, provided these do not conflict with United Arab Emirate’s laws and regulations.

UNDERSTANDING ALIMONY
What is Alimony?
The alimony itself pertains to the financial claim put forward by the ex-wife at the time of divorce. In cases involving children, it also includes assistance with housing, health insurance, and many other things she might require that the ex-husband had provided during the marriage (Article 11 of the Cabinet Decision).

Housing During Joint Custody
Article 8 of the Cabinet Decision states the judge may request that the ex-husband pay an allowance to cover housing required for the living standard of the children pre-divorce.

Types of Alimony
Under Article 9 of the Civil Personal Status Law, the ex-wife can, independently of securing a divorce sentence, also file a case for alimony. She can also apply for the temporary alimony until she gets her final financial allowance (Article 10 of the Cabinet Decision).

CALCULATION OF ALIMONY
Bases of Calculation
Article 9 of the Civil Personal Status Law provides for the following criteria, which a judge shall base his calculations on:

Criteria
Length of the marriage. Alimony goes hand in hand with the length of the marriage; the longer the marriage, the heavier one partner may become dependent on the other financially.
Age of ex-wife. As the ex-wife gets older, her chances of getting a job might lower; hence, her alimony could be higher.
Financial condition. An accounting expert assesses the present financial situation of each party, which has to do with income, assets, debts, and liabilities.
Ex-husband’s contribution to divorce. As the contribution of an ex-husband to divorce becomes apparent, say through errors or neglect, the amount of alimony increases.
Material and moral harm. The judge takes into account any harm that a divorce may cause, such as reputational harm or physical harm.
Financial damages. This would include loss of job opportunities or income due to divorce.
Children’s custody. The judge may demand that an ex-husband cover costs associated with the mother’s custody of the children for up to two years.
Ex-wife’s childcare contribution. Alimony increases according to how much the ex-wife is committed to child care.

Required Documents
The court examines the documents presented by the ex-wife in the course of proving the financial positions of the parties.

Finality of Alimony
Under Article 49 of the ADJD judgment, an alimony decision is considered final and executable, provided the amount does not exceed AED 500,000.

Modification of Alimony
Alimony can be modified yearly based on the variation of circumstances arising due to changes in financial or personal positions. Under Article 9 of the Civil Personal Status Law
It is removed upon remarriage of the ex-wife or in case of loss of custody of the children.

JURISPRUDENCE: CASE NO. 301/2023
In 2023, the court of Dubai Personal Status, while awarding alimony, relied upon factors enshrined under Article 9. The compensation covered her expenses in Ethiopia. The court stated the following :

Category
Children: AED 4,000 per month, excluding education, residence, and domestic help.
Utilities and Bills: AED 700 per month for utilities, internet, and phone bills.
Domestic Help: AED 2,000 for hiring domestic help and AED 500 for their salaries.
Total Alimony: AED 7,200

CONCLUSION
The Civil Personal Status Law, along with relevant Cabinet Decisions and Abu Dhabi laws, provides a comprehensive framework for calculating alimony for non-Muslim divorcees in the UAE.  By considering various factors, the law ensures that financial support is fair and reflective of each individual’s circumstances.

Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony Under Family Law for Non-Muslim Divorces in UAE

Alimony under Family Law for Non-Muslim Divorces in UAE

Alimony for women, under the new UAE Family Law in case of divorce by a non-Muslim, is calculated with various variables that are unique in every marriage. 

The following basis is considered for such calculation: 

• Duration of Marriage: This is the first and foremost factor when deciding on the quantum of alimony.

• Wife’s Age: The age at which a wife is divorced also forms a basis for this calculation.

• Financial Position: The financial position of both spouses is taken into account so that fair support may be granted depending on the financial standing and resources each spouse possesses.

• Father’s Contribution for Child Custody: The contributing father’s financial position is considered in regard to the joint children they may have. Thus, he considers whether the father contributes to childcare and how.

• Wife’s Involvement in the Children’s Lives: How much the wife is involved in the children’s lives and her contribution to taking care of and being with the children is weighed.

• Reason for Divorce: It can also be based upon the cause or grounds for divorce.

A major judgment in the UAE Family Law is that a wife will forfeit her claim of alimony if she re-marries. It was one of UAE Decree Law No. 41 of 2022, effective from 1st February 2023, and hence is setting the bar for all non-Muslim divorces in the UAE.

Also, the Family Law is foreseen to be complemented by Executive Regulations in due course to further clarify its application in certain aspects.

Alimony Under Family Law for Non-Muslim Divorces in UAE - FAQ

Yes. In the cases of UAE divorces, women can get alimony under the new Family Law. However it is calculated based on a number of factors.

The new Family Law for divorces in UAE calculates alimony for women based on a number of factors. Among other things, they include: 

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

No. In fact under the Family Law for UAE divorces, the wife’s right to alimony ends if she remarries.

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.

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