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Changes in UAE family and inheritance law
On 1 February 2023, a new Personal Status Law No. 41/2022 will come into force in the UAE, setting out specific rules regulating family and inheritance relations. The provisions of the law apply to both non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE.


A key feature of the Law: the new Law provides for equality between men and women in all rights and obligations (the previous one was based on Sharia).


MARRIAGE

Marriage can be concluded in court (previously it was possible to conclude marriage for non-Muslims through a consulate in the UAE provided that at least one of the future spouses is a resident of the UAE and in a Christian or Catholic church), provided the following conditions are met:



  • The age of the spouses is at least 21 years old;

  • Mutual consent;

  • They are not related by blood;

  • No other marriages have been concluded (if the spouse is allowed to have several wives, the spouse must provide information on all of their registered marriages).

DISSOLUTION OF MARRIAGE

A marriage may be dissolved at the request of either spouse without giving reasons for the divorce.

INHERITANCE

Under the new law, if the testator dies (without a will):

  • Half of his property will go to his spouse;

  • The remaining half will be divided equally among the children - irrespective of their gender. (If there are no children the estate will go to the testator's parents. If one of the parents is deceased, his or her half will go to the deceased's brothers).



Therefore, these changes will help to bring greater clarity to the institutions of marriage as well as inheritance for non-Muslims in the UAE in the absence of a will.