A non-Muslim individual is permitted to invoke the provisions of their home country's personal laws before a personal status court.
Question: What are the entitlements for alimony and child support under UAE law if I, as a non-Muslim working woman who earns more than my husband, decide to seek a divorce while we reside in the UAE and have two children from our marriage?
Answer: In a significant development for non-Muslim residents and citizens of the UAE, Federal Decree Law No. 41 of 2022 on Civil Personal Status grants them the right to choose between UAE law and their home country's personal laws for matters such as marriage, divorce, inheritance, wills, and proof of parentage. This law applies equally to non-Muslim foreigners residing in the UAE.
Under Article 1(1) of the decree-law, non-Muslims may opt to adhere to the personal laws of their home countries, while Article 4 ensures equality between men and women regarding rights and obligations, including the right to request divorce and joint custody of children.
Furthermore, the law stipulates provisions for alimony and maintenance, where a woman may seek financial support and custody of children following divorce. The father is mandated to cover the expenses related to the custody of children during joint custody arrangements.
This legislation underscores the UAE's commitment to respecting the personal choices and legal rights of its diverse population, facilitating a framework where individuals can navigate personal matters according to their cultural and legal backgrounds.
Non-Muslim residents are encouraged to review their options under both UAE and home country laws to determine the most favorable approach for their individual circumstances.
News Source: Khaleej Times
