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Civil Personal Status Executive Regulation — articles 1–52
- Article Preamble — Preamble
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 S…
- Article 1 — 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 …
- Article 2 — 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 …
- Article 3 — 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 …
- Article 4 — 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 m…
- Article 5 — 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 appli…
- Article 6 — 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 …
- Article 7 — 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 indic…
- Article 8 — 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…
- Article 9 — 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…
- Article 10 — 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 fro…
- Article 11 — 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 responsib…
- Article 12 — 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…
- Article 13 — 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 …
- Article 14 — 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 month…
- Article 15 — 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 giv…
- Article 16 — 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 wha…
- Article 17 — 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 p…
- Article 18 — 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 …
- Article 19 — 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 l…
- Article 20 — 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 …
- Article 21 — 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 eith…
- Article 22 — 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…
- Article 23 — 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 re…
- Article 24 — Article (24) Modification of the Visitation Judgment
The competent court rendering the visitation judgment may amend the same in terms of the place or time of the visitation and related matters, based on the motion of either parent or as required for the interests of the c…
- Article 25 — Article (25) Rights Regarding Will and Estate
The Will shall be executed before the distribution of the inheritance. However, the Will shall not be executed or the estate’s assets distributed unless the following requirements has been fulfilled and in accordance wit…
- Article 26 — Article (26) Execution of the Will
The Will shall be executed in writing or by using meaningful verbal expressions or intelligible signs if the testator is unable to write. A Will may be made in favor of a named or unnamed person; a living person or an un…
- Article 27 — Article (27) Registration of the Will
The Will shall be registered in the register prepared for this purpose at the competent court in accordance with the following conditions and procedures: 1. The testator shall be non-Muslim subject to the provisions of t…
- Article 28 — Article (28) Conditions for Validity of the Will
1. A Will shall be valid subject to the following conditions: a. The Testate property shall be capable of being owned and used by the beneficiary of the Will. b. The testator shall be of full capacity and shall not be le…
- Article 29 — Article (29) Lapse of the Will
A Will shall lapse in any of the following cases: 1. Where the Will is revoked by the testator, provided that this revocation shall be registered on the Register. 2. Where a new Will that contradicts the original Will is…
- Article 30 — Article (30) Multiple Wills
1. In case of multiple Wills, the Will which is registered on the Register shall prevail. Where all Wills are registered, the Will registered first will prevail. 2. Where none of the multiple Wills is registered on the R…
- Article 31 — Article (31) Acceptance and Renunciation of Wills
1. Upon the death of a testator, the beneficiary of the Will may accept or renounce it in whole or in part within sixty (60) days from the date on which he is notified of the Will. The same shall be subject to the follow…
- Article 32 — Article (32) Wills Encumbered with Rights and Obligations
Where the testate property is encumbered with any rights or obligations, it shall be transferred to the beneficiary of the Will together with these rights and obligations arising from such property. If the beneficiary re…
- Article 33 — Article (33) Requirements for the Executor
1. The Executor shall meet the following conditions: a. Be of full legal capacity; b. Not to be convicted of any felony or other crime involving moral turpitude or breach of trust, unless rehabilitated; c. Not have been …
- Article 34 — Article (34) Duties and Powers of the Executor
Under the supervision of the competent court, an Executor shall have the duties and powers to: 1. Conduct an inventory of the testate property, receive and take possession of that property, collect any rights arising fro…
- Article 35 — Article (35) Obligations of the Executor
The Executor shall take the following measures: 1. Manage the testate property in good faith and with the due diligence a prudent person would exercise. 2. Introduce himself as Executor when exercising any of his duties …
- Article 36 — Article (36) Procedures for Will Implementation
A Will shall be implemented pursuant to: 1. By virtue of an order issued by the competent court, where the Will is registered on the Register 2. By virtue of a judgment issued by the competent court based on a written ap…
- Article 37 — Article (37) Accounts of the Will
An Executor shall, within the timeframe prescribed by the competent court for this purpose, submit to the competent court a report on his activities. This report shall contain a detailed statement of the accounts and exp…
- Article 38 — Article (38) Transfer of Ownership of the Testate Property
The ownership of testate property shall be transferred to the beneficiary of the Will pursuant to an order or a judgment issued by the competent court, taking the following measures into account: 1. The beneficiary shall…
- Article 39 — Article (39) Removal of the Executor
Any party concerned may request the competent court to remove the Executor in the event that he violates his obligations, loses one of his conditions stipulated in this Resolution, violates his activities, breaches the t…
- Article 40 — Article (40) Procedures for the Executor Removal
1. The case for removal of the Executor shall be registered in accordance with the usual procedures for registering cases. 2. The Case Management Office shall notify the Executor of the application so that the latter can…
- Article 41 — Article (41) Remuneration of the Executor
1. Where the remuneration of the Executor is not determined in the Will, the competent court shall determine it based on a written application submitted by the Executor. 2. The remuneration of the Executor shall be a pre…
- Article 42 — Article (42) Application of the Rules of Fairness and Justice
The competent court shall apply the principles of justice and fairness to take a decision on any matter submitted thereto during the hearing of the case.
- Article 43 — Article (43) Conflict of Interest
An Executor or any of his subordinates may not sell or purchase the testate property for his own account or for the account of third parties. Moreover, none of them, their spouse or any of their ascendants or descendants…
- Article 44 — Article (44) Matters not Specifically Stipulated
Unless there is a special provision in this Resolution and in a way that does not conflict with the provisions of the Decree Law and this Resolution, the relevant legislation and resolutions regulating personal status ma…
- Article 45 — Article (45) Repeals
Any provision in any other legislation shall be repealed to the extent that it conflicts with or goes against the provisions of this Resolution.
- Article 46 — Article (46) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.
- Article Annex 1 — Annex No. (1) Civil Marriage Application Form
Applicant 1 (Husband) details: name; nationality; date of birth; Emirates ID number; passport number; phone number; e-mail; address; marital status (single, divorced or widower). Declaration: the wife is not a relative u…
- Article Annex 2 — Annex No. (2) Disclosure Form
Applicant 1 (Husband) and Applicant 2 (Wife) details: for each applicant, name; nationality; date of birth; Emirates ID number; passport number; phone number; e-mail; address. Husband’s marriage disclosure: whether he ha…
- Article Annex 3 — Annex No. (3) Divorce Application Form
Applicant (husband or wife) details and respondent details: capacity as husband or wife; name; nationality; date of birth; Emirates ID number; passport number; phone number; e-mail; address. Marriage data: date of marria…
- Article Annex 4 — Annex No. (4) Alimony Application Form
Applicant details: wife’s name; nationality; date of birth; Emirates ID number; passport number; phone number; e-mail; address; occupation; employer; total salary. Respondent details: husband’s name and the same personal…
- Article Annex 5 — Annex No. (5) Child Custody Application Form
Applicant 1 and Applicant 2 details: capacity as father, mother or other; name; nationality; date of birth; Emirates ID number; passport number; phone number; e-mail; address. Marriage data: date of marriage; conditions …