Abu Dhabi's new divorce laws for expats and Muslims from non GCC countries benefit fathers, mothers and children. Sarah Dea/The National
Abu Dhabi's new divorce laws for expats and Muslims from non GCC countries benefit fathers, mothers and children. Sarah Dea/The National
Abu Dhabi's new divorce laws for expats and Muslims from non GCC countries benefit fathers, mothers and children. Sarah Dea/The National
Abu Dhabi's new divorce laws for expats and Muslims from non GCC countries benefit fathers, mothers and children. Sarah Dea/The National

Abu Dhabi's new civil court laws explained: child custody


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  • Arabic

New civil family laws announced last year in Abu Dhabi are changing the way children of divorced parents are treated once the case is finalised.

Judges will, for the first time, grant equal custody rights to both non-Muslim parents should they decide to no longer stay married.

So how have things changed? The National explains.

What laws did expats and Muslims from non-GCC countries follow before?

Previously, in a divorce, only the mother would have custody of the children, until they reached puberty, which was classified as 11 years old for girls, and 13 years old for boys.

However, women who remarry would automatically lose custody of the children regardless of their age.

Under federal law, which is followed by Muslims from GCC countries, the mother is the custodian and the father is the guardian, caring for all the financial needs of a child.

“It is mainly when the mother's custody is rendered no longer valid, so [once the children hit puberty] the mother's custody will be dismissed and that means that the children will be given to the father," said UAE lawyer from Attorneys at Law, Diana Hamade.

The conflict arising from child arrangements on separation will be reduced and fathers’ time with their children will be more protected.
Byron James,
Expatriate Law

Ms Hamade explained that the law that previously applied to non-Muslims would have automatically given all children to the mother so that she could care for them through childhood, but they could just as easily have been taken from her should her home life change.

"The mother would also lose custody if she is rendered unfit, sick, not mentally fit and, of course, in the event of getting married."

This remains the case with Sharia, which Emiratis and a majority of Muslims are subject to.

How do the new Civil Family Court laws differ?

The new civil law for non-Muslims was announced in November and will provide "a flexible and advanced judicial mechanism for the determination of personal status disputes for non-Muslims”, the Abu Dhabi Judicial Department said.

Under the new law, spouses can divorce without needing to prove harm was done in the marriage, nor are they required to undergo any mediation before having their request to terminate the marriage granted.

Joint and equal custody of children will be automatically granted to parents after divorce, with procedures in place to settle disputes.

“It is heart-warming because what we had previously was heart-breaking,” Ms Hamade said.

“This is the first civil law in terms of family law. We always had our federal law 28 of 2005, which is based on Sharia, where the roles of parents are separated. But before the new law, there was not a single law that unites a father and a mother.

“The Abu Dhabi law is a civil law that is not based on any religion or sect or even a philosophy. It's mainly based on rules that are applied worldwide to families in terms of marriage, divorce, separation, finances.”

The new law applies only to non-Muslims and Muslims from countries that do not apply Sharia, such as the US and the UK.

It applies only in Abu Dhabi with Dubai having separate laws and the rest of the emirates following federal laws, which are Sharia-based.

How are fathers benefiting from these changes?

The civil law means that fathers will get to spend more time with their children.

“What the new Abu Dhabi non-Muslim family law does, is provide a default starting position of shared care between the parents, and doesn't allow for discrimination on the grounds of gender between parties," said Byron James, a partner at Expatriate Law.

"This is quite different to the previous applicable law. The intention of the Abu Dhabi judicial department seems to be to remove the conflict from those divorcing that arises out of agreeing child arrangements on separation by providing them with a starting point of shared care.”

How the law will be implemented and applied, he said, remains to be seen.

“But it's obviously a very reassuring starting point, particularly for fathers, because under the previous local law it was often quite difficult for fathers to achieve regular overnight time with their children.

“As a result this is a welcome development, perhaps especially for fathers but ultimately both parents.

"The conflict arising from child arrangements on separation will be reduced and fathers’ time with their children will be more protected," he said.

UAE legal reforms: in pictures

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The five pillars of Islam

1. Fasting 

2. Prayer 

3. Hajj 

4. Shahada 

5. Zakat 

What is a Ponzi scheme?

A fraudulent investment operation where the scammer provides fake reports and generates returns for old investors through money paid by new investors, rather than through ligitimate business activities.

Red flags
  • Promises of high, fixed or 'guaranteed' returns.
  • Unregulated structured products or complex investments often used to bypass traditional safeguards.
  • Lack of clear information, vague language, no access to audited financials.
  • Overseas companies targeting investors in other jurisdictions - this can make legal recovery difficult.
  • Hard-selling tactics - creating urgency, offering 'exclusive' deals.

Courtesy: Carol Glynn, founder of Conscious Finance Coaching

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New Zealand squad

Tim Southee (capt), Trent Boult (games 4 and 5), Colin de Grandhomme, Lockie Ferguson (games 1-3), Martin Guptill, Scott Kuggeleijn, Daryl Mitchell, Colin Munro, Jimmy Neesham, Mitchell Santner, Tim Seifert, Ish Sodhi, Ross Taylor, Blair Tickner

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BRAZIL SQUAD

Alisson (Liverpool), Daniel Fuzato (Roma), Ederson (Man City); Alex Sandro (Juventus), Danilo (Juventus), Eder Militao (Real Madrid), Emerson (Real Betis), Felipe (Atletico Madrid), Marquinhos (PSG), Renan Lodi (Atletico Madrid), Thiago Silva (PSG); Arthur (Barcelona), Casemiro (Real Madrid), Douglas Luiz (Aston Villa), Fabinho (Liverpool), Lucas Paqueta (AC Milan), Philippe Coutinho (Bayern Munich); David Neres (Ajax), Gabriel Jesus (Man City), Richarlison (Everton), Roberto Firmino (Liverpool), Rodrygo (Real Madrid), Willian (Chelsea).

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Why your domicile status is important

Your UK residence status is assessed using the statutory residence test. While your residence status – ie where you live - is assessed every year, your domicile status is assessed over your lifetime.

Your domicile of origin generally comes from your parents and if your parents were not married, then it is decided by your father. Your domicile is generally the country your father considered his permanent home when you were born. 

UK residents who have their permanent home ("domicile") outside the UK may not have to pay UK tax on foreign income. For example, they do not pay tax on foreign income or gains if they are less than £2,000 in the tax year and do not transfer that gain to a UK bank account.

A UK-domiciled person, however, is liable for UK tax on their worldwide income and gains when they are resident in the UK.

GOLF’S RAHMBO

- 5 wins in 22 months as pro
- Three wins in past 10 starts
- 45 pro starts worldwide: 5 wins, 17 top 5s
- Ranked 551th in world on debut, now No 4 (was No 2 earlier this year)
- 5th player in last 30 years to win 3 European Tour and 2 PGA Tour titles before age 24 (Woods, Garcia, McIlroy, Spieth)

Lexus LX700h specs

Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

Power: 464hp at 5,200rpm

Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

On sale: Now

Price: From Dh590,000

Company%20Profile
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Conflict, drought, famine

Estimates of the number of deaths caused by the famine range from 400,000 to 1 million, according to a document prepared for the UK House of Lords in 2024.
It has been claimed that the policies of the Ethiopian government, which took control after deposing Emperor Haile Selassie in a military-led revolution in 1974, contributed to the scale of the famine.
Dr Miriam Bradley, senior lecturer in humanitarian studies at the University of Manchester, has argued that, by the early 1980s, “several government policies combined to cause, rather than prevent, a famine which lasted from 1983 to 1985. Mengistu’s government imposed Stalinist-model agricultural policies involving forced collectivisation and villagisation [relocation of communities into planned villages].
The West became aware of the catastrophe through a series of BBC News reports by journalist Michael Buerk in October 1984 describing a “biblical famine” and containing graphic images of thousands of people, including children, facing starvation.

Band Aid

Bob Geldof, singer with the Irish rock group The Boomtown Rats, formed Band Aid in response to the horrific images shown in the news broadcasts.
With Midge Ure of the band Ultravox, he wrote the hit charity single Do They Know it’s Christmas in December 1984, featuring a string of high-profile musicians.
Following the single’s success, the idea to stage a rock concert evolved.
Live Aid was a series of simultaneous concerts that took place at Wembley Stadium in London, John F Kennedy Stadium in Philadelphia, the US, and at various other venues across the world.
The combined event was broadcast to an estimated worldwide audience of 1.5 billion.

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TEACHERS' PAY - WHAT YOU NEED TO KNOW

Pay varies significantly depending on the school, its rating and the curriculum. Here's a rough guide as of January 2021:

- top end schools tend to pay Dh16,000-17,000 a month - plus a monthly housing allowance of up to Dh6,000. These tend to be British curriculum schools rated 'outstanding' or 'very good', followed by American schools

- average salary across curriculums and skill levels is about Dh10,000, recruiters say

- it is becoming more common for schools to provide accommodation, sometimes in an apartment block with other teachers, rather than hand teachers a cash housing allowance

- some strong performing schools have cut back on salaries since the pandemic began, sometimes offering Dh16,000 including the housing allowance, which reflects the slump in rental costs, and sheer demand for jobs

- maths and science teachers are most in demand and some schools will pay up to Dh3,000 more than other teachers in recognition of their technical skills

- at the other end of the market, teachers in some Indian schools, where fees are lower and competition among applicants is intense, can be paid as low as Dh3,000 per month

- in Indian schools, it has also become common for teachers to share residential accommodation, living in a block with colleagues

Honeymoonish
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Milestones on the road to union

1970

October 26: Bahrain withdraws from a proposal to create a federation of nine with the seven Trucial States and Qatar. 

December: Ahmed Al Suwaidi visits New York to discuss potential UN membership.

1971

March 1:  Alex Douglas Hume, Conservative foreign secretary confirms that Britain will leave the Gulf and “strongly supports” the creation of a Union of Arab Emirates.

July 12: Historic meeting at which Sheikh Zayed and Sheikh Rashid make a binding agreement to create what will become the UAE.

July 18: It is announced that the UAE will be formed from six emirates, with a proposed constitution signed. RAK is not yet part of the agreement.

August 6:  The fifth anniversary of Sheikh Zayed becoming Ruler of Abu Dhabi, with official celebrations deferred until later in the year.

August 15: Bahrain becomes independent.

September 3: Qatar becomes independent.

November 23-25: Meeting with Sheikh Zayed and Sheikh Rashid and senior British officials to fix December 2 as date of creation of the UAE.

November 29:  At 5.30pm Iranian forces seize the Greater and Lesser Tunbs by force.

November 30: Despite  a power sharing agreement, Tehran takes full control of Abu Musa. 

November 31: UK officials visit all six participating Emirates to formally end the Trucial States treaties

December 2: 11am, Dubai. New Supreme Council formally elects Sheikh Zayed as President. Treaty of Friendship signed with the UK. 11.30am. Flag raising ceremony at Union House and Al Manhal Palace in Abu Dhabi witnessed by Sheikh Khalifa, then Crown Prince of Abu Dhabi.

December 6: Arab League formally admits the UAE. The first British Ambassador presents his credentials to Sheikh Zayed.

December 9: UAE joins the United Nations.

How to join and use Abu Dhabi’s public libraries

• There are six libraries in Abu Dhabi emirate run by the Department of Culture and Tourism, including one in Al Ain and Al Dhafra.

• Libraries are free to visit and visitors can consult books, use online resources and study there. Most are open from 8am to 8pm on weekdays, closed on Fridays and have variable hours on Saturdays, except for Qasr Al Watan which is open from 10am to 8pm every day.

• In order to borrow books, visitors must join the service by providing a passport photograph, Emirates ID and a refundable deposit of Dh400. Members can borrow five books for three weeks, all of which are renewable up to two times online.

• If users do not wish to pay the fee, they can still use the library’s electronic resources for free by simply registering on the website. Once registered, a username and password is provided, allowing remote access.

• For more information visit the library network's website.

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Updated: February 09, 2022, 5:16 AM`