Civil Personal Status Executive Regulation

Preamble

Resolution

The Cabinet, - Having reviewed the Constitution; and - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, as amended; and - Federal Decree-Law No. (41) of 2022 on Personal Status; and - Based on the Minister of Justice's proposal as approved by the Cabinet. Hereby Resolves as follows:

Article (1) Definitions

For the purpose of applying the provisions of this Resolution, the following words and phrases shall denote the meanings indicated next to each of them respectively, unless the context requires otherwise: The State: The United Arab Emirates. Decree-Law: Federal Decree-Law No. (41) of 2022 Regarding Civil Personal Status. Competent Court: The circuit concerned with reviewing cases and authentications filed in accordance with the provisions of the Decree Law. Auditor: The employee responsible for verifying that all documents and conditions necessary to conclude a marriage contract are met in accordance with the provisions of the Decree Law and this Resolution. Accounting Expert's Report: A report draw up by an accounting expert assigned by the competent court to evaluate the economic situation of each spouse to determine the true financial situation of the married couple, such as sources of income, volume of wealth and property in order to calculate the value of marital alimony. The report shall be bilingual whenever the competent court deems the same necessary in view of the circumstances of the case and the nationality of the parties. The Will: The testator’s disclosure of his will regarding how to dispose of his property or any part thereof after death. Executor: The natural or legal person appointed by the testator to execute the will, whether by virtue of a document designated by the will itself or by an independent document or by the competent court. Administrator of an Estate: The natural or legal person in charge of compiling assets and managing the Estate through the competent court. Register: The paper or electronic document for registering the wills and estates of those persons subject to the provisions of this Resolution.

Article (2) Provisions of a Civil Marriage Contract

For a civil marriage contract to be established, the following conditions shall be met: 1. That both the husband and wife have attained at least (21) twenty-one Gregorian years. 2. That the married couple shall have the legal capacity necessary to undertake legal actions. 3. The civil marriage shall be executed between a male and a female. 4. That the married couple explicitly express their consent to marriage. 5. Marriage shall not take place between brothers, sons, grandchildren, paternal uncles, maternal uncles or relatives up to the third degree. 6. The marriage shall not take place between the adopted child and the father or mother in the alternative family or any of their natural children. 7. Never get marriage to two sisters, a wife and her mother, maternal aunt, paternal aunt or grandmother, if the legislation, to which the husband is subject, permits polygamy. 8. The wife shall not have an existing marital relationship, and also the husband if the legislation, to which he is subject, does not permit polygamy. In all cases, the husband shall disclose any existing marital relationship.

Article (3) Conclusion of Marriage Contract by Guardian, Custodian or Trustee

Notwithstanding Article (2.2) of this Resolution, the contract may be executed by any of the guardians, custodians or trustees, as the case may be, if either of the married couple is a minor, after obtaining the judge’s permission, provided that he verifies the availability of interest in this marriage.

Article (4) Procedures for Submitting Civil Marriage Application

1. The married couple shall submit an application for a civil marriage to the authentication judge in accordance with the procedures followed in this regard. 2. The following documents shall be submitted with the civil marriage application form No. (1) accompanying this Resolution: a. The supporting documents and ID cards of the civil marriage applicants. b. A document proving the residence of the civil marriage applicant in the State. c. A document issued by the competent authorities in the home country of the civil marriage applicant, showing their age. 3. The marriage application form No. (1) accompanying this Resolution shall include the following: a. A declaration that there is no existing marital relationship for the wife, and also for the husband if the legislation, to which he is subject, does not permit polygamy. b. Any conditions to be agreed upon between the married couple that determine their rights during the period of marriage and post-divorce through divorce application form No. (3) accompanying this Resolution, in particular joint custody. c. Evidence of the married couple’ express consent to the marriage contract. d. Signatures of the married couple. e. Disclosure Form No. (2) accompanying this Resolution.

Article (5) Civil Marriage Contract Procedures and Authentication

1. The auditor shall be responsible for verifying the fulfillment of all conditions for marriage and the completion of all documents and forms stipulated in the Decree Law and this Resolution, and he may return the application to its applicants until the requirements are fulfilled. 2. The application shall be admitted and referred to the authentication judge at the competent court after the required conditions are met and the fees are paid. 3. If it becomes clear to the authentication judge at the competent court that the application meets all the conditions stipulated in the Decree Law and this Resolution, a hearing shall be scheduled for appearance for the sake of completing the procedures for authentication of the marriage contract. 4. The married couple shall expressly express before the authentication judge at the competent court their consent to complete the procedures for the marriage in the scheduled hearing. 5. The authentication judge shall authenticate the marriage contract when he verifies that there is nothing that legally impedes the validity of the consent of the married couple and after verifying proof of their signature on Disclosure Form No. (2) accompanying this Resolution. 6. The competent court shall issue the civil marriage document in Arabic and English whenever necessary, taking into account the nationality of the parties and shall hand over a copy of the marriage document to each of the married couple in accordance with its procedures.

Article (6) Financial and In-Kind Rights for the Duration of Marriage

According to the discretionary authority of the competent court and in the event that the parties do not agree on the conditions or controls for the financial rights resulting from a civil marriage, the judge may oblige either of the married couple to pay a lump sum to indemnify the other party after the divorce, taking into account the following calculation criteria: 1. The number of years of marriage, so that the larger number of years of marriage shall give rise to larger amounts of compensation. 2. The extent to which the husband or wife was the cause of the failure of the marital relationship through negligence or fault or perpetration of any act that led to divorce, such as infidelity or abandonment. 3. Compensation by either of the married couple of the other for any material or moral damage suffered as a result of the divorce. 4. The economic, financial and social status of each spouse depending on the accounting expert report. 5. Level of education and university degrees for the married couple. 6. The age of the wife, so that the value of alimony decreases with the decrease in the age of the wife and vice versa. 7. Level of interest of the wife in taking care of the children or not. 8. The husband’s requirement that the wife should or should not work. 9. The standard of living that both the wife and children are accustomed to during the marriage period. 10. The extent to which each spouse contributes to the other party’s wealth. 11. The health conditions of the married couple. 12. The wife’s employment status and her employability. 13. The number of children, their ages and their need for care. 14. Financial dependence of either of the married couple on the other. 15. Any other criteria that the competent court deems necessary.

Article (7) Competent Court’s Appointment of an Accounting Expert for the Financial Evaluation

1. The competent court shall assign the mission of evaluating the financial position of the married couple to an accounting expert who is fluent in the English language, whenever necessary, who shall be assigned to indicate the total financial value to which the wife or husband is entitled after the divorce. 2. The competent court has the discretion to rely on the expert’s report, in a way that ensures a decent living for the divorcee and her children without burdening the father with financial costs that exceed his financial capabilities.

Article (8) Provision of Housing for the Divorcee During the Period of Joint Custody

1. Unless the competent court deems otherwise, the father shall pay a housing allowance in kind or in cash to his divorcee for the duration of the joint custody of the children in the event that both parties do not agree otherwise in the marriage contract, taking into account the following measures: a. The new housing shall be appropriate for the standard of living to which the children in custody were accustomed before the divorce. b. The close distance between the new housing and their old one. c. The housing allowance shall include basic utility bills such as electricity, water, internet, gas, air conditioning and other matters. 2. The competent court may exempt the father, wholly or partially, from paying the housing allowance if the divorcee mother has the solvency that allows her to rent or own suitable housing that meets the needs of the children in custody. The evaluation of the solvency shall be subject to the judge’s discretion based on the accounting expert report.

Article (9) Housing Assistance for Divorcee

The divorced woman may submit a request to the competent court, after the judgment granting divorce is rendered, seeking a judgment of a housing allowance in kind or in cash to the extent that provides her with temporary housing following the divorce. The judge shall determine the value and duration of housing assistance depending on the wife’s living conditions before the divorce, and in proportion to the economic and financial situation of the divorcee, unless the married couple agree otherwise in the marriage contract.

Article (10) Alimony

1. The divorcee may submit a request to the competent court, after the judgment granting divorce is rendered, seeking a judgment of temporary alimony for her until a decision is made on the financial rights resulting from the divorce, according to the divorcee alimony application form No. (4) accompanying this Resolution. 2. The competent court shall decide on the application based on the documents submitted by the wife, showing the married couple’ monthly income and taking into account the account statement for the last (6) six months. The competent court may dismiss the application for temporary alimony if the divorcee has a job or a fixed source of income that provides her with basic needs, and the application shall be decided on through an order on a petition.

Article (11) Responsibility for Financial Support of Children

The father shall financially support his children after the divorce, and the same includes all aspects of maintenance, such as education, housing fees, treatment and other daily or periodic expenses that he was responsible for before the divorce, unless the married couple agree otherwise in the marriage contract.

Article (12) Authority of the Competent Court to Estimate Child Support

The competent court has the discretion to estimate the maintenance required from the father for the benefit of the children and the financial fines imposed on him in the event of his failure to provide the maintenance as required, as long as the judgment of the competent court is rendered based on justifiable reasons according to the circumstances of divorce and joint custody. The competent court may also increase or decrease this amount and estimate the method of calculating and paying the same, according to the results of the accounting expert report, in a way that ensures a decent living for the mother and children without burdening the father with financial costs that exceed his financial capabilities.

Article (13) Joint Custody

1. In the divorce judgment, the competent court shall automatically grant joint custody of the children equally between the father and mother, except in the following cases: a. Either party submits an application to the competent court to grant the custody for the parent who is worthy of fulfilling the interests of the child subject to custody, in accordance with custody application form no. (5) accompanying this Resolution. b. Either party may submit a written waiver to the competent court of his right to custody. 2. The mother or father may object to the joint custody judgment if there are sound justifications.

Article (14) Alternation of Joint Custody

In the event that the parents fail to reach an agreement on how to divide the custody between them after divorce, the competent court shall indicate how to divide joint custody, whether on a weekly, semi-monthly or monthly basis or in any other way that takes into account the best interest of the child in custody. The division includes a statement of the distribution of leaves and public holidays, and the competent court may apply any of the following distributions: 1. Weekly alternation of custody: The child in custody spends one week with the father and the following week with the mother, and so on continuously throughout the year. 2. Semi-monthly alternation of custody: The child in custody spends two consecutive weeks with the father and two consecutive weeks with the mother, and so on consecutively throughout the year. 3. Monthly alternation of custody: The child in custody spends a month with the father and the following month with the mother, and so on consecutively throughout the year. 4. Any other arrangements that the competent court deems necessary to achieve the interests of the child in custody.

Article (15) Application for Waiver of Joint Custody and its Effect

1. The basic principle in the custody of the children is the participation of the father and the mother together in the responsibility of raising the children after the divorce. However, either of them may request to give up the right to joint custody. 2. The person requesting the abandonment of joint custody shall not be exempted from financial obligations with respect to the children in custody.

Article (16) Parents’ Refusal to Perform Custodial Duties or Waiver of Custody

The competent court shall notify the Public Prosecution in the event that either parent refuses to carry out custodial duties or in the event that each of them gives up his/her right to joint custody in order to take whatever measures it deems appropriate.

Article (17) Application for Removal of Joint Custodian

1. The father or the mother may request removal of the other party from joint custody, whether legal custody, de facto custody or both. 2. The competent court shall set a date to consider the application and notify the parties of the date of the hearing. 3. In the hearing set for hearing the case, the competent court shall take the measures it deems necessary and appropriate for the interest of the child in custody in custody, whether by temporarily suspending joint custody until the case is adjudicated or by assigning a social expert to evaluate the objections contained in the application.

Article (18) Cases of Removal of the Joint Custodian

The competent court shall decide on the application to dismiss the father or the mother and give up its right to joint custody, whether temporarily or permanently, in any of the following cases: 1. The risk of the child in custody being exposed to domestic violence or ill-treatment. 2. Inadequate living conditions provided by the joint custodian to the child in custody. 3. The joint custodian has behavioral or psychological problems that would harm the child in custody or expose him/her to danger or negligence. 4. Loss or lack of eligibility of the joint custodian. 5. The joint custodian does not perform custodial duties. 6. The joint custodian commits a crime against morals and honor that prevents it from carrying out its duties or poses a threat to the behavior of the child in custody, provided that its guilt is proven by a final judgment. 7. Not devote time to caring for the child in custody and be distracted from caring for the child in custody. 8. The desire of the child in custody, provided that he/she reaches (18) eighteen years of age. 9. The custodian’s abuse of drugs, alcohol or any psychotropic substances. 10. Health reasons that prevent the joint custodian from carrying out its duties with respect to the child in custody. 11. Any other reasons determined by the competent court and in the interest of the child in custody.

Article (19) Termination of Joint Custody

In the event of terminate joint custody, the competent court has the discretion to apply the measures it deems appropriate of the rules of justice and fairness or the best international practices from comparative legal laws with regard to custody and visitation, while giving priority to the best interest of the child in custody.

Article (20) Application for Intervention of the Competent Court

1. In the event of a dispute between both parents over an issue related to joint custody, either parent shall be entitled to apply to the competent court to decide on the subject of the dispute 2. The court shall have a discretionary power to decide a particular course of action in the best interest of the child under custody, based on the request of either parent after divorce.

Article (21) Travel of Child During the Joint Custody Period

In the event that joint custody is in effect, either parent may not travel with the child in custody outside the State by a unilateral decision except with the permission of the judge in the event of opposition from either party, after submitting an application to the competent court. The court may oblige the person requesting travel to provide sufficient guarantees for the child’s back to the State on the specified date. In all cases, the application shall be subject to the discretionary authority of the competent court.

Article (22) Prevention of the Child in Custody from Traveling

After signing the divorce, either parent may submit to the competent court an application for preventing the child in custody from traveling for a temporary period, stating the objections to the child in custody’s travel. The application shall be subject to the discretionary authority of the competent court.

Article (23) Visitation

1. The father and mother may agree that the visitation shall be shared between them. In the event of disagreement, the competent court shall determine the place and time of the visit and the overnight stay, the person responsible for bringing the child in custody, the supervisor of the visit and the consequences resulting from the failure to implement the visitation and who caused it. 2. The competent court may, sua sponte or upon the motion of either parent, issue a decision to stop the visitation of the child when the interests of the child in custody require so, and when the disagreement between the parents disaffects the interests of the child in custody.