Cabinet Resolution No. (122) of 2023 on Civil Personal Status

Cabinet Resolution No. (122) of 2023.

Regarding the Executive Regulations of Federal Decree-Law No. (41) of 2022 on Civil Personal Status

The Cabinet:

• Having reviewed the Constitution,
• Federal Law No. (1) of 1972 on the Competencies of Ministries and Powers of Ministers, and its amendments, and
• Federal Decree-Law No. (41) of 2022 on Civil Personal Status,
• Based on the proposal of the Minister of Justice and the approval of the Cabinet,

Decides as follows:

Article (1) – Definitions

For the purposes of applying the provisions of such resolution, the following words and phrases shall have the meanings assigned to each unless the context requires otherwise:

State: The United Arab Emirates.

Decree-Law: Federal Decree-Law No. (41) of 2022 on Civil Personal Status.

Competent Court: The judicial body responsible for handling lawsuits and notarizations submitted under the provisions of the Decree-Law.

Auditor: The designated employee responsible for verifying the fulfillment of all necessary documents and conditions for concluding a marriage contract in accordance with the provisions of the Decree-Law and this resolution.

Expert Report: A report prepared by an appointed financial expert assigned by the competent court to assess the economic status of both spouses. This evaluation determines their financial situation, including sources of income, wealth, and assets, for the purpose of calculating spousal support. The report shall be bilingual whenever deemed necessary by the competent court based on the circumstances of the case and the nationality of the parties.

Will: A declaration by the testator expressing their intent regarding the disposition of their assets or any part thereof, to be executed after their death.

Executor of the Will: A natural or legal person appointed by the testator to execute the will, either in the will document itself or in a separate document, or as appointed by the competent court.

Estate Manager: A natural or legal person responsible for managing the estate under the supervision of the competent court.

Register: The paper or electronic record in which wills and estates of individuals subject to the provisions of this resolution are recorded.

Article (2)

Conditions for a Civil Marriage Contract

The following conditions shall be met for a civil marriage contract:

• Both the husband and wife shall be at least twenty-one (21) years old (Gregorian calendar).
• Both spouses shall have the legal capacity required to undertake legal transactions.
• The civil marriage shall be between a male and a female.
• Both parties shall explicitly express their consent to the marriage.
• The marriage shall not be between siblings, children, grandchildren, uncles, aunts or relatives up to the third degree.
• The marriage shall not be between an adopted child and either parent in the foster family, or between the adopted child and the biological children of the foster parents.
• If the husband’s legal system allows polygamy, he shall not be married to two sisters, or to a woman and her mother, aunt, or grandmother at the same time.
• There shall be no existing marital relationship for the wife, and for the husband as well if his legal system does not permit polygamy. In all cases, the husband shall disclose any existing marital relationship.

Article (3)

Execution of the Marriage Contract by a Guardian, Custodian, or Trustee

As an exception to Clause (2) of Article (2) of this resolution, the contract may be executed by a guardian, custodian, or trustee, depending on the circumstances, if one of the spouses is considered legally incapacitated. This requires prior judicial authorization, provided that the judge ensures the marriage serves the best interest.

Article (4)

Procedures for Submitting a Civil Marriage Request

• The spouses shall submit a civil marriage request to the Notary Judge in accordance with the applicable procedures.
• The following documents shall be submitted along with Civil Marriage Request Form No. (1) attached to this resolution:
• Identification documents proving the identities of the applicants.
• A document proving the applicant’s residency in the UAE.
• An official document from the applicants’ home country confirming their age.

Civil Marriage Request Form No. (1) Includes:

• A declaration confirming no existing marriage for the wife, and for the husband as well if his legal system does not permit polygamy.
• Any agreed-upon conditions between the spouses defining their rights during marriage and after divorce, particularly regarding joint custody, through Divorce Request Form No. (3) attached hereto.
• Explicit consent from both spouses to the marriage contract.
• Signatures of both spouses.
• Disclosure Form No. (2) attached hereto.

Article (5)

Procedures for Certifying the Civil Marriage Contract

• The verifier shall confirm that all marriage conditions are met and that all required documents and forms stipulated in the Decree-Law and this resolution have been provided. If any requirement is missing, the request may be returned for completion.
• Once all conditions are met and fees are paid, the request is accepted and forwarded to the Notary Judge in the competent court.
• If the Notary Judge at the competent court finds that the request meets all conditions set forth in the Decree-Law and this resolution, a session is scheduled for finalizing the marriage certification procedures.
• At the scheduled session, both spouses shall explicitly confirm their consent to proceed with the marriage before the Notary Judge.
• The Notary Judge certifies the marriage contract after verifying that there are no legal obstacles preventing the validity of the spouses’ consent and after confirming that both spouses have signed Disclosure Form No. (2) attached hereto.
• The competent court issues the civil marriage certificate in both Arabic and English, if necessary, based on the nationalities of the parties. A copy of the marriage certificate is then provided to each spouse according to the court’s procedures.

Article (6)

Financial and Property Rights During the Marriage Duration

At the discretion of the competent court, and in the absence of an agreement between the parties regarding the financial obligations arising from the civil marriage, the judge may require either spouse to pay a lump sum compensation to the other after divorce, considering the following financial criteria:

• Total years of marriage and the ages of the spouses, where the compensation amount increases with the duration of the marriage.
• The extent of either spouse’s contribution to the failure of the marriage through neglect, misconduct, or actions leading to divorce, such as infidelity or abandonment.
• Compensation for material or moral damages suffered by either spouse due to the divorce.
• The economic, financial and social status of both spouses based on the financial expert’s report.
• The educational level and academic qualifications of both spouses.
• The wife’s age, where alimony decreases with a younger wife and increases with an older wife.
• The extent to which the wife is involved in raising the children.
• Whether the husband required the wife not to work.
• The standard of living that the wife and children were accustomed to during the marriage.
• The extent to which each spouse contributed to the other’s wealth.
• The health condition of both spouses.
• The employment status of the wife and her ability to work.
• The number and ages of children and their need for care.
• The extent to which either spouse was financially dependent on the other.
• Any other criteria deemed necessary by the competent court.

Article (7)

The Competent Court’s Use of a Financial Expert for Evaluation

• The competent court may assign a financial expert proficient in English when necessary, to assess the financial status of the spouses and determine the total financial amount the wife or husband is entitled to receive after divorce.
• The competent court has discretionary authority to rely on the expert’s report, ensuring a decent standard of living for the divorced wife and children without imposing financial obligations exceeding the father’s capacity.

Article (8)

Providing Housing for the Divorced Wife During Joint Custody

Unless the competent court decides otherwise, the father shall pay either a housing allowance in kind or in cash to his ex-wife throughout the joint custody period if the parties did not agree otherwise in the marriage contract, considering the following:

• The new residence shall be consistent with the standard of living that the children were accustomed to before the divorce.
• The distance between the new residence and the previous home.
• The housing allowance shall cover essential utility bills, such as electricity, water, internet, gas, air conditioning, and other expenses.

The competent court may partially or fully exempt the father from paying the housing allowance if the divorced mother has the financial capability to rent or own suitable housing that meets the children’s needs. The financial capacity assessment is subject to the judge’s discretion, based on the financial expert’s report.

Article (9)

Housing Assistance for the Divorced Wife

After obtaining a divorce, the woman may submit a request to the competent court to oblige her ex-husband to provide a temporary housing, either in kind or in cash. The judge determines the amount and duration of the housing assistance based on the wife’s living conditions before the divorce and the economic and financial situation of the ex-husband, unless the spouses agree otherwise in the marriage contract.

Until the End of Article (46)..