Abu Dhabi has set out further reform to its civil and family law, paving the way for 'no fault' divorce proceedings and other provisions for expat residents.
The legal changes, approved in November and detailed in full on Sunday, apply to civil marriages, that is for non-Muslims, and Muslims from countries that do not follow Sharia.
From the first divorce hearing, a couple intending to divorce may do so "without the need to prove prejudice or justify the reasons for separation".
Joint custody of children is systematically granted on an equal basis to the father and mother
Abu Dhabi Judicial Department
Abu Dhabi Judicial Department said the new provisions will ensure divorces can proceed in a "swift manner in order to reduce quarrels and discord between the spouses, especially if the couple has children".
When deciding alimony payments, the length of time a couple was married is taken into account for the first time.
There is further provision for the court to order one spouse to pay the other a one-off lump sum, in addition to regular payments.
This could be, for example, in recognition that the wife had quit, or may have to quit, her to job to look after children and lost out financially as a result.
There is no requirement to attend counselling or mediation, which was the case in the past and continues to be in some of the emirates.
Recently introduced measures include proceedings conducted in English where necessary. Claim forms and paperwork are filed in both English and Arabic.
Other changes are equally significant.
Officials said custody of children is, from the outset, "systematically granted on an equal basis to the father and mother, and details the method of alternating and dispatching joint custody between the parents, either weekly, fortnightly or monthly".
There is a clear legal avenue for a spouse seeking to oppose access to a child "it if there are grounds for doing so, or to request the relinquishment of custody or the exclusion of the partner from joint custody, whether it is legal or real custody or both".
Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and chairman of Abu Dhabi Judicial Department (ADJD) has issued the decision to implement the new law, a news release on Sunday said.
Spousal support payments explained
For the first time, women will be compensated for leaving their jobs to care for their children.
Called “clean-break spousal support”, a judge will order either spouse to pay a lump sum.
The total will be determined by a number of factors, including whether either party played a pivotal role in the breakdown of the marriage.
It also takes into account financial sacrifices made by either person, such as leaving a job to care for children. This will be amplified if the person making the sacrifice had a high-paying career and had invested a lot of time in their education.
Alimony will also be calculated based on the husband’s current income and general finances as well as the number of years the couple have been married.
The more years of marriage, the bigger the sum.
Previously, ex-wives would receive a percentage of their former husband’s pay as determined by a judge without taking into account the length of the marriage or any assets owned.
Youssef Saeed Al Abri, undersecretary of the judicial department, said the changes cover 52 articles of law and relate to divorce, joint custody of children, financial matters arising from divorce, proof of parentage, adoption and other issues.
Altogether the changes represent an "advanced concept of civil family law for foreigners in line with international best practices".
The law will allow ex-wives to receive a lump sum of no less than 25 per cent of the husband’s pay multiplied by the number of years of marriage.
The changes also allow expatriate lawyers to represent cases at the non-Muslim family court in the capital in what would be another turning point for the legal system. Previously only UAE citizens were permitted to act as counsel in the courts.
Sharia will only affect marriages involving Emiratis and Muslim citizens of countries that apply the law, such as Saudi Arabia, Yemen, Egypt and Bahrain.
The new family law for non-Muslims was introduced in November last year as part of a number of sweeping legal reforms.
The move is designed to bring Abu Dhabi in step with international practices and enhance its position as a destination for global talent.
Changes to inheritance laws for non-Muslims in Abu Dhabi also mean that, should a person die without a will, half of their estate will automatically go to their spouse, with the other half going to their children.
Diana Hamade, from law firm Attorneys at Law, said: "The new Abu Dhabi law is a civil law - not based on any religion or sect or even a philosophy. It's based on rules that are applied worldwide to families in terms of marriage, divorce, separation, finances."
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COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
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MATCH INFO
Uefa Champions League semi-final, first leg
Bayern Munich v Real Madrid
When: April 25, 10.45pm kick-off (UAE)
Where: Allianz Arena, Munich
Live: BeIN Sports HD
Second leg: May 1, Santiago Bernabeu, Madrid
MATCH INFO
Uefa Champions League final:
Who: Real Madrid v Liverpool
Where: NSC Olimpiyskiy Stadium, Kiev, Ukraine
When: Saturday, May 26, 10.45pm (UAE)
TV: Match on BeIN Sports
The specs
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The specs
Engine: 5.2-litre V10
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Torque: 565Nm at 6,500rpm
Transmission: 7-speed dual-clutch auto
Price: From Dh1 million
On sale: Q3 or Q4 2022
UAE currency: the story behind the money in your pockets
Electric scooters: some rules to remember
- Riders must be 14-years-old or over
- Wear a protective helmet
- Park the electric scooter in designated parking lots (if any)
- Do not leave electric scooter in locations that obstruct traffic or pedestrians
- Solo riders only, no passengers allowed
- Do not drive outside designated lanes
The biog
Favourite books: 'Ruth Bader Ginsburg: A Life' by Jane D. Mathews and ‘The Moment of Lift’ by Melinda Gates
Favourite travel destination: Greece, a blend of ancient history and captivating nature. It always has given me a sense of joy, endless possibilities, positive energy and wonderful people that make you feel at home.
Favourite pastime: travelling and experiencing different cultures across the globe.
Favourite quote: “In the future, there will be no female leaders. There will just be leaders” - Sheryl Sandberg, COO of Facebook.
Favourite Movie: Mona Lisa Smile
Favourite Author: Kahlil Gibran
Favourite Artist: Meryl Streep
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
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What is Financial Fair Play?
Introduced in 2011 by Uefa, European football’s governing body, it demands that clubs live within their means. Chiefly, spend within their income and not make substantial losses.
What the rules dictate?
The second phase of its implementation limits losses to €30 million (Dh136m) over three seasons. Extra expenditure is permitted for investment in sustainable areas (youth academies, stadium development, etc). Money provided by owners is not viewed as income. Revenue from “related parties” to those owners is assessed by Uefa's “financial control body” to be sure it is a fair value, or in line with market prices.
What are the penalties?
There are a number of punishments, including fines, a loss of prize money or having to reduce squad size for European competition – as happened to PSG in 2014. There is even the threat of a competition ban, which could in theory lead to PSG’s suspension from the Uefa Champions League.
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Company name: SimpliFi
Started: August 2021
Founder: Ali Sattar
Based: UAE
Industry: Finance, technology
Investors: 4DX, Rally Cap, Raed, Global Founders, Sukna and individuals
ADCC AFC Women’s Champions League Group A fixtures
October 3: v Wuhan Jiangda Women’s FC
October 6: v Hyundai Steel Red Angels Women’s FC
October 9: v Sabah FA
'The Last Days of Ptolemy Grey'
Rating: 3/5
Directors: Ramin Bahrani, Debbie Allen, Hanelle Culpepper, Guillermo Navarro
Writers: Walter Mosley
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Fight card
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Day 1, Dubai Test: At a glance
Moment of the day Sadeera Samarawickrama set pulses racing with his strokeplay on his introduction to Test cricket. It reached a feverish peak when he stepped down the wicket and launched Yasir Shah, who many regard as the world’s leading spinner, back over his head for six. No matter that he was out soon after: it felt as though the future had arrived.
Stat of the day - 5 The last time Sri Lanka played a Test in Dubai – they won here in 2013 – they had four players in their XI who were known as wicketkeepers. This time they have gone one better. Each of Dinesh Chandimal, Kaushal Silva, Samarawickrama, Kusal Mendis, and Niroshan Dickwella – the nominated gloveman here – can keep wicket.
The verdict Sri Lanka want to make history by becoming the first team to beat Pakistan in a full Test series in the UAE. They could not have made a better start, first by winning the toss, then by scoring freely on an easy-paced pitch. The fact Yasir Shah found some turn on Day 1, too, will have interested their own spin bowlers.
WHAT IS A BLACK HOLE?
1. Black holes are objects whose gravity is so strong not even light can escape their pull
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3. Large black holes can also be formed when smaller ones collide and merge
4. The biggest black holes lurk at the centre of many galaxies, including our own
5. Astronomers believe that when the universe was very young, black holes affected how galaxies formed
Farage on Muslim Brotherhood
Nigel Farage told Reform's annual conference that the party will proscribe the Muslim Brotherhood if he becomes Prime Minister.
"We will stop dangerous organisations with links to terrorism operating in our country," he said. "Quite why we've been so gutless about this – both Labour and Conservative – I don't know.
“All across the Middle East, countries have banned and proscribed the Muslim Brotherhood as a dangerous organisation. We will do the very same.”
It is 10 years since a ground-breaking report into the Muslim Brotherhood by Sir John Jenkins.
Among the former diplomat's findings was an assessment that “the use of extreme violence in the pursuit of the perfect Islamic society” has “never been institutionally disowned” by the movement.
The prime minister at the time, David Cameron, who commissioned the report, said membership or association with the Muslim Brotherhood was a "possible indicator of extremism" but it would not be banned.
Our legal consultants
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Know your Camel lingo
The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home
Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless
Asayel camels - sleek, short-haired hound-like racers
Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s
Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival
