Consultation Subject
The Ministry of Justice is committed to fostering an inclusive and responsive environment where the voices and opinions of the public are valued. With a steadfast dedication to continuously improving policies and regulations, the ministry actively seeks and encourages the input of individuals, organizations, and communities. By engaging in open dialogues, soliciting feedback, and gathering opinions, the ministry strives to better understand the needs and concerns of the public it serves. This ongoing process of obtaining diverse perspectives and ideas enables the ministry to adapt and enhance its policies, programs, and initiatives, ultimately leading to a more effective and equitable justice system that serves the public in the best possible manner.
Accordingly, the Ministry would like to obtain the public's opinion regarding the Personal Status Law (Federal Decree Law No. 41 of 2022
Campaign Brief & Details
The Ministry would like to obtain the public's opinions regarding the Personal Status Law, which states:
First: Scope of application of the law
1. The law applies to non-Muslim citizens of the United Arab Emirates.
2. To non-Muslim foreigners residing in the country unless one of them insists on the application of his law regarding the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to Articles 12,15. 13, 16 and 17 of Federal Law No. (5) of 1985 on Civil Transactions and its amendments.
3. The parties mentioned in paragraph (1) may agree on other legislation regulating the family and personal status in force in the State instead of applying the provisions of this Decree Law.
4. The provisions of the Law shall apply to all incidents that occur after the entry into force of its provisions.
Second:
1. Divorce lawsuits filed in accordance with the provisions of this Decree Law shall be excluded from being presented to family guidance officers and shall be submitted directly to the court for issuance of a judgment from the first session.
2. Equality between men and women in rights and duties, this is exemplified by the following:
1) Testimony: Equality in testifying before courts.
2) Inheritance: Equality between men and women in the distribution of inheritance according to the provisions of this Decree Law.
3) Right to seek divorce: Both husband and wife may request a divorce from the court without prejudice to their rights related to divorce.
4) Joint custody between the two until the child reaches the age of eighteen, after which the child has freedom of choice.
Third: Provisions of Civil Marriage Article 5:
1. Conditions of the civil marriage contract.
2. Civil marriage contract procedures and documentation.
3. Divorce alimony and its renewal date.
4. Compensation of any of the spouses to the other for any damage caused due to divorce.
Fourth:
Fourth: Custody of children:
1. Joint custody.
2. Who has the right to custody and when it drops?
3. The dispute between the father and mother regarding.
Fifth: Inheritance and wills:
1. Who owns the right to the estate and its amount?
2. The law applicable to foreign heirs.
3. The amount of distribution of the heritage in the absence of its will.
Sixth: Procedures for opening and distributing the estate file:
1. Procedures Guide for Addressees of the Provisions of the Decree Law.
2. Issued by the Council of Ministers.
Seventh: Procedures for registering wills:
1. The register prepared for the registration of the wills of those addressed by the provisions of the Decree Law in accordance with the procedures specified in the executive regulations of the decree.
2. Fill out the will registration form during the signing of the marriage contract to indicate how the money is distributed in the event of death of either one of them.
Eighth: Proof of parentage:
1. by proving the parentage of the newborn.
2. The court orders a DNA test and does not issue an order to prove parentage for those who wish except after investigating two cases:
a) Child of unknown parentage.
b) The possibility of the age difference for the person who claims his lineage.
c) Cabinet Decision on Adoption and Alternative Families Procedures and Implications.
Instructions
The Ministry of Justice aims to spread awareness of the Civil Personal Status Law Federal Decree-Law No. (41) of the year 2022 and launch a dialogue with the interested public regarding the provisions of the law.