Custody Laws in the UAE: A Comprehensive Guide for Muslim and Non-Muslim Families

Custody in the UAE is rather sensitive and multi-faceted, influenced by the type of family structure, religion, where the marriage was held, residency issues, and many more depending on the couple’s relationship. There exist different legal frameworks for custody between Muslim and non-Muslim families; some important nuances include when the custody is transferred, the responsibility tied to custody and guardianship, and how courts will make a decision.

Custody Laws for Muslims

In the case of Muslim families, all issues regarding custody are decided under the UAE Personal Status Law, Federal Law No. 28 of 2005, as amended. It prescribes the conditions that must be satisfied by custodians and the circumstances under which custody may be transferred from one parent to another.

Key Provisions of the Personal Status Law

  1. Religious Alignment
    • Article 144: The custodian must be of the same religion as the child.
    • Article 145: A mother who has a different religion from her child loses custody unless the primary court decides that it is in the interest of the child to stay with the mother up to a certain age.
  2. Conditions of Custodianship
    • The custodian needs to possess mature judgment, be of full age, and able to bring up the child.
    • He should not have been convicted of one of the offenses against honour and should not suffer from contagious diseases.
    • If female, the custodian should not be married to a person unrelated to the child unless the court decides otherwise.

Transfer of Custody

Whereas by operation of law, custody often passes from the mother to the father at various stages, depending upon whether the child is a boy or girl, such transfer is not automatic. The law presumes that the father has accepted responsibility for custody and the accompanying duties thereof in the areas of financial support and caregiving.

In practice, however, the following may be the custody arrangement:

  • Mutual Agreement: Parents can mutually agree upon a mother continuing to have custody of the child beyond the age at which the law would normally transfer that right. This is simply because a father may not want, for practical or emotional reasons, to be given custody.
  • Judicial Discretion: The Courts often apply the principle of the best interest of the child and depart from rigid interpretations of Shariah. For example, in cases where the father is incapable of taking care of the child—either financially or otherwise—the court would grant custody to the mother even when the law is explicit.

Custody and Guardianship

With custody come heavy responsibilities. If the father is unable to provide sufficient financial or emotional support to the children, the mother can appeal to the court to continue with both custody and even guardianship. The court, in this regard, assesses if the mother is in a better situation or position to handle the needs of the children and grants her more powers over the welfare of the children.

Custody Laws for Non-Muslims

Non-Muslim families in the UAE have broader choices of legal frameworks with, by comparison, more flexibility than the Shariah-based system.

Applicable Laws for Non-Muslims

  1. UAE Federal Decree-Law No. 41 of 2022
    • This law applies to non-Muslims throughout all Emirates except Abu Dhabi.
  2. Abu Dhabi Law No. 14 of 2021
    • This is the personal status law applicable to non-Muslim foreigners living in Abu Dhabi.
  3. Foreign Law
    • This allows non-Muslim couples to apply the laws of the country where they got married, according to the UAE Personal Status Law.
  4. Pre-Nuptial Agreements
    • Pre-nuptial agreements regarding custody terms on which the couple may have depended. Though the pre-nuptial agreements are not binding in matters of custody, the court can consider them if they are for the best interest of the child.

Requirements for Fosterage

Article 143 of the Personal Status Law provides the requirements that a fosterer must satisfy:

  • Sound judgment and maturity.
  • The ability to provide for and bring up the child.
  • Freedom from contagious diseases.
  • A clean criminal record.

Loss of these prerequisites will lead to the loss of custodianship.

Challenges and Considerations

  1. Religion and Custody
    • Religion forms a decisive factor in custody questions concerning the Muslim child. However, it is often at the discretion of the court as it considers the practical realities of a particular case and the custodial parent’s emotional and financial stability.
  2. Personal Circumstances and its Impact
    • A mother’s remarriage, lifestyle choices, or behavior incompatible with Islamic values can lead to the loss of custody. In practice, however, the courts often balance the child’s interest against the strict legal interpretations.
  3. Rights and Responsibilities of Custody and Guardianship
    • The court presumes that the party granted custody is able to provide financially and emotionally for the child. If the father cannot do so then the mother may request custody and guardianship for the child’s benefit.
  4. Application of Foreign Law
    • To the extent foreign law is argued, the UAE courts will often apply UAE law in cases involving Muslim children. This could vary depending on compelling circumstances.

Conclusion

Custody matters in the UAE are a sensitive balance of legal provisions, practical realities, and the best interests of the child. While laws may specify at what age custody transfers from one parent to another, the real application can widely differ based on agreements between the parents, judicial discretion, and specific case circumstances. The ultimate focus of courts is the welfare of the child, which may override strict legal interpretations.

For the families battling through such complex legal waters, an experienced lawyer needs to be consulted regarding their rights and the best welfare of their children.

Overview of DIFC Long-Term Residency Visa Application

What is a DIFC Long-Term Residency Visa?
The Dubai International Financial Centre offers a long-term residency visa to persons who fall under certain categories. In this regard, if you are an owner of property at the DIFC, which was purchased at a value of AED 2,000,000 or higher in value, then you have every right to apply for this type of visa. This would entail a 10-year residency within the United Arab Emirates for investors and property owners.

What is the validity of the DIFC Long-Term Residency Visa?
The DIFC long-term residency visa or also known as the Golden Visa, shall be valid for 10 years.

How to apply for the DIFC Long-Term Residency Visa?
In order to apply for the DIFC long-term residency visa:

  1. Log in to the DIFC client portal and raise a service request for the long-term residency visa.
  2. If you are a landlord and do not have an account, please create an account by emailing DIFC at difc@aam.ae.
  3. Access will be given through the portal to submit your application online.
  4. The application fee is AED 6,289 plus an additional AED 1,000 for the No Objection Certificate.

You will be able to pay through the portal wallet at submission.

What is the cost of the DIFC Long-Term Residency Visa?
The fees to apply for the DIFC long-term residency visa will be as mentioned herein:

  • Application fee of the visa: AED 6,289
  • No Objection Certificate: AED 1,000

Additional Clarifications
1. Is it possible for someone to apply for a Golden Visa if they have only paid part of the property’s purchase price and have obtained the remaining balance either through installments or a mortgage?

Yes, an applicant who has paid only 60% of the purchase price of an immobilized property and is paying the rest in installments or by mortgage may apply for the DIFC Golden Visa.

2. Is a person who owns more than one property in the DIFC and whose combined value is in excess of AED 2,000,000 qualified to apply for the Golden Visa?
Yes, an individual may apply for a DIFC Golden Visa if he owns several properties in the DIFC and the combined value thereof exceeds AED 2,000,000.

3. Will the unit(s) be blocked by the DIFC upon submitting the application for the Golden Visa, and what is the blocking period?
Yes, upon submission of the Golden Visa application, the unit(s) will be blocked by the DIFC. The block is for the same period as the visa, which is 10 years.

Enforcing Foreign Judgements in U.A.E.: A Successful Case Study

Today, in a world that has gotten so small due to global connectivity, the legality of one’s obligations knows no borders. One recent case that will be discussed in this article will truly exemplify how an American judgment was successfully enforced in the United Arab Emirates and will serve as a perfect case study to show how flexible the UAE’s legal system has been and how much it has abided by international legal norms.

Case Background

The case was instituted by an American state court judgment passed against a defendant, who thereafter shifted his abode to Dubai. The claimant harbored a feeling of grievance with the judgment as well as its payout and, therefore, approached the courts in Dubai for the enforcement of the said American judgment.

Early Obstacles

He took this matter before the Court of First Instance in Dubai, which dismissed the application for enforcement on the grounds that there was no treaty between the United States and the UAE on the recognition and enforcement of judgments. The ruling is evidence of the common problem at international law, that is, the enforcement of a foreign judgment without an actually applicable treaty.

Legal Framework: Article 222 of the UAE Civil Procedures Law

Undeterred by the setback, the client appealed the decision by invoking Article 222 of the UAE Civil Procedures Law. The said article provides an avenue towards recognition and enforcement of foreign judgment even in the absence of a bilateral treaty. Along this line, Article 222 provides that the UAE shall enforce the foreign judgment on the condition that:

  1. The foreign judgment must be absolute and final.
  2. The judgment is not in conflict with the UAE Public Policy or the principles of Islamic Sharia.
  3. The foreign court had competent jurisdiction.

The Appeal

Appellant-client had appealed on the grounds that his judgment fulfilled all conditions as outlined under Article 222. The appeals court cut into the matter and focused on:

  1. Finality and Binding Effect. The American judgment was final, and there was no appeal pending in the matter.
  2. Public Policy. The judgment did not contravene any UAE public policy or one of the principles of Islamic Sharia.
  3. Jurisdiction. The original court in the United States had proper jurisdiction to adjudicate upon the matter.

The Court of Appeal, however, ruled in the client’s favor and overturned the earlier dismissal order. The appellate court took pains to elaborate that a bilateral treaty is not required for recognition and enforcement of foreign judgment in the UAE and that Article 222 of the UAE Civil Procedures Law applies in the absence of such a treaty.

The Ruling of Cassation Court

The case went as high as the Cassation Court, which is the highest level of judiciary in the UAE. The Cassation Court upheld the judgment of the appellate court that the absence of a treaty does not prevent foreign judgments from being enforced. In fact, the court mentioned that there is sufficient legality under the UAE Civil Procedures Law to enforce such judgments.

Successful Enforcement

By order of the Cassation Court, the client had finally enforced and collected the American judgment in Dubai. The ruling, although a delivery of justice to the claimant, substantively acted to create a landmark legal path subsequent for the cases related to the enforcement of foreign judgment in the UAE.

Key Takeaways

  1. Persistence Pays Off. Even when things were initially going against them, persistence and proper knowledge of local laws can indeed prevail and help enforce foreign judgments.
  2. Article 222. This provision is crucial for enforcing foreign judgments in the UAE, providing a legal framework even in the absence of bilateral treaties.
  3. Judicial Adaptability. The UAE judiciary itself is capable of applying international legal principles serving the best interest of justice even across borders.

Conclusion

The successful enforcement of an American judgment in the UAE demonstrates how the country enforces the highest international legal standards. It serves as a guiding light to any individual and entity looking forward to enforcing foreign judgment in the UAE, showing a way that with the right legal strategy and proper understanding of the local laws, justice can indeed be served beyond borders.

UAE Employment Law – Additional Benefits

UAE Employment Law - Additional Benefits

UAE Employment Law - Additional Benefits

UAE Employment Law - Additional Benefits

Employers in the UAE can offer employees benefits, which are above those set out in the UAE Employment Law. To be clear, the UAE Employment Law lists the “minimum rights” for employees.

As per Article 65(1) of the Law. While employers cannot contract away from those minimum rights,

They can offer additional terms, as long as those terms do “not prejudice” the rights set out in the law, but are rather “more beneficial” to the employees, than those in the law. These additional rights can be provided for in any type of a document, be it an 1) offer letter, 2) declaration, 3) agreement, 4) or even an email. 

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DIFC Notice period UAE

DIFC Notice Period

DIFC Notice Period UAE

DIFC Notice Period

Notice Period for DIFC employees is governed by the DIFC Employment Law, which is a separate law, from the UAE Employment Law. 

As the DIFC Employment Law, Article 62, parties are required to provide each other with a proper notice, in the event of termination of the employment relationship.

The minimum notice period depends on the duration of employment.

    • If the employment period is less than 3 months, the notice period is 7 days.
    • If the employment is between 3 months to 5 years, the notice period is 30 days.
    • In those case where employment relationship is over 5 years, the notice period is 90 days or 3 months.

Importantly, these are the minimum notice periods.  

Parties can agree to longer periods under the DIFC Employment Law. 

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Notice Period in UAE Employment Law

Notice Period in UAE Employment Law

Notice Period in UAE Employment Law

Notice Period in UAE Employment Law

The Notice Period in the UAE, under the UAE Employment Law is a minimum of 30 days

Importantly, this is a statutory minimum period.

Which means that, even if the employment contract does not specify a Notice Period, the law obligates employers to provide employees a minimum of 30 days-notice.

Or, if the company does not wish for the employee to serve the 30-day notice, it must compensate the employee for the value of that notice period.

Furthermore, as per the current UAE Employment Law, the maximum duration of the Notice Period is 90 days.

This is in line with the Article 43 of the UAE Employment Law, which is Law No. 33 of 2021. 

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Employer’s Termination during Employee’s Leave

Termination during Employee's Leave

Termination during Employee's Leave

Termination during Employee's Leave

Termination of employees in the U.A.E. during their leave, whatever the nature of the leave, can only take effect after the employee returns from leave. In other words, let’s say the employee is on his/her 4-week annual leave, due to return on April 1st.

A few days into their leave, on March 10th, the company serves the employee with a termination notice. Giving the minimum 1-month notice. 

That termination notice only takes effect, once the employee comes back to work, or starting from April 1st. Which means that the employee’s last working day would be April 30th

This is in line with the UAE Labor Law No. 33 of 2021, and Article 35, specifically. 

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Virtual Asset Ecosystem

Virtual Asset Ecosystem

UAE Virtual Asset Ecosystem

Virtual Asset Ecosystem

Virtual Assets in the U.A.E. have been classified as fully regulated, by the U.A.E. Ministry of Economy – Anti-Money Laundering Department. 

  • According to the Ministry, the U.A.E. has created a regulatory ecosystem for Virtual Assets, which:
    • Synchronises the country’s federal and local regulatory landscape and
    • Aligns 1) supervisory and 2) enforcement levers.

  • The ecosystem, which is meant to be, at the same time: 1) progressive and 2) secure, is based on the comprehensive set of Guidelines, which:
    • Set out supervisory controls, to ensure: 1) market growth, on the one hand, and 2) investor protection, on the other.
    • With the objective of operating Virtual Assets, with agility, and yet, mitigating and managing risks, associated with Virtual Assets.

The Guidelines further qualify the previously passed UAE Cabinet Decision No. (111) of 2022 on Regulation of Virtual Asset Activities and Service Providers in the UAE.

  • Which was drafted in collaboration with the:
    • 1) the UAE Securities and Commodities Authority, for investment purposes; and
    • 2) the Central Bank of UAE, for payment purposes,

The U.A.E.’s designation of Virtual Assets as a regulated category was announced by the Ministry of Economy-Anti-Money Laundering Department in a press release on April 18, 2023.

 

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Civil Marriage for Muslims in UAE

Civil Marriages for Muslims in the UAE

Civil Marriage for Muslims in UAE

Civil Marriages for Muslims in the UAE

Muslims in the UAE, who wish to have a civil marriage, can now do so in the Abu Dhabi Civil Family Court. Which is part of the Abu Dhabi Judicial Department or ADJD. 

This service is available to all Muslims, who are not A.E. citizens.

Notably, unlike in marriages under the Sharia Law, civil marriages under ADJD do not require: 1) the guardian’s approval or 2) medical tests. The application process is the same as it is for all other couples who wish to have a civil marriage under the ADJD.

In short, the civil marriage service is 1) available through the ADJD website, 2) by logging in through the UAE Pass and 3) then, filling out the Civil Marriage Application, 4) with a copy of passport or Emirates ID. After the marriage ceremony, it is highly recommended to attest the civil marriage certificate by the UAE Ministry of Foreign Affairs (MOFA).

Civil marriage under ADJD are governed by Law No. 14 of 2021 Concerning Civil Marriages and its Effects in the Emirates of Abu Dhabi.

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Application of Corporate Tax for DIFC & ADGM

UAE Corporate Tax for DIFC & ADGM

UAE Corporate Tax for DIFC & ADGM

UAE Corporate Tax for DIFC & ADGM

Corporate Tax in the U.A.E. applies 1) not only to mainland businesses, but also to 2) all of the Free Zones. This includes even specialized and independent free zones such as 1) the DIFC (or Dubai International Financial Center), 2) as well as ADGM (otherwise known as the Abu Dhabi Global Markets).  

This is so, although, these 2 Free Zones are, for the most part, independent legal jurisdictions, with their own laws and their own courts. However, for the purposes of the UAE Corporate Tax, the DIFC and ADGM are subject to the Federal Law, much the same way as other free zones are. 

Therefore, moving businesses from a free zone into the DIFC or ADGM jurisdictions, for potential tax optimization – as some businesses have considered – will be of no utility, as the laws will apply equally. 

This is in accordance with the UAE Corporate Tax Law – No. 47 of 2022 as well as Cabinet Decision No. 55 of 2023 regarding the Qualifying Income of Qualifying Free Zone Entitie,

As a reminder, the UAE Corporate Tax has come into effect as of June 1, 2023 and the rate is 9%. 

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