Federal Decree-Law No. (41) of 2022 On the Civil Personal Status (family and community law)

Article (1) 
The Scope of Application of the Decree -Law  
1. The provisions of this Decree -Law shall apply to non -Muslims who are national citizens 
of the United Arab Emirates, and to non -Muslim foreigners residing in the state, unless 
any of them adheres to the application of the law of their home  country, with regard to 
the articles of marriage, divorce, inheritance, wills, and proof of parentage, without 
prejudice to the provisions of Articles (12), (13), (15), (16), and (17). of Federal Law No. 
(5) of 1985 referred to above.  
2. The persons governed  by the provisions of this Decree -Law as named in Clause (1) of this 
Article may agree to apply other legislation regulating the family or personal status 
matters currently in force in the State instead of applying the provisions of this Decree -
Law.  
3. The pr ovisions of this Decree -Law shall apply to all incidents that occur after the entry into 
force of these provisions.

Article (2) 
Calculation of Durations  
The Gregorian calendar shall be used for calculating the periods of time stipulated in this Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 3 Decree- Law.

Article (3) 
Cases of Exception from Referral to Family Guidance  
Divorce proceedings filed in accordance with the provisions of this Decree Law shall be 
excluded from being referred to Family Guidance Committees, and instead, shall be presented 
directl y to the court to render a judgment thereon at the first hearing.

Article (4) 
 Equality between Men and Women as to Rights and Duties  
The application of the provisions of this Decree Law shall take into account  equality between 
women and men in terms of rights and duties, and this shall apply in any way particularly in 
respect of the following matters:  
1. Testimony Equality: While giving testimony before the court, the woman shall receive the 
same treatment that is  typically given to the man in terms of the probative value of 
testimony, without discrimination;  
2. Inheritance: Inheritance shall be equally distributed between men and women in 
accordance with the provisions of this Decree -Law;  
3. The right to request divorce : That both the husband and wife may unilaterally demand 
that divorce be established by the court without prejudice to their rights related to divorce;  
4. Joint custody: that a woman and a man shall have an equal right to assume joint custody 
of the minor child until the latter reaches the age of (18) eighteen years, after which the 
child shall have the freedom of choice.  
  Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 4 Chapter Two  
Provisions of Civil Marriage

Article (5) 
 Civil Marriage  
For a civil marriage contract to be established, the following con ditions shall be met:  
1. That both the husband and wife have attained at least (21) twenty -one Gregorian years, 
and that the age is established by any official document issued by the State of their 
nationality;  
2. That the marriage shall not take place between b rothers, sons, grandchildren, uncles or 
aunts, and any other cases specified by the Executive Regulations;  
3. That the married couple explicitly express their consent to marriage before the Authentication Judge, and that there is nothing that legally discredit their consent;  
4. The married couple must sign the disclosure form;  
5. Any other conditions specified by the Executive Regulations of this Decree -Law.

Article (6) 
Civil Marriage Contract Procedures and Authentication  
1. Marriage procedures may be conclu ded before the authentication judge with the 
competent court, by submitting an application in accordance with the standard form prepared for this purpose, subject to the other conditions and procedures stipulated in this 
Decree- Law and its Executive Regulations.  
2. The marriage shall be established by the married couple filling out the form prepared for 
this purpose before the authentication judge, and the married couple have the right to 
agree on the terms of the contract, and that both married couple  shall invoke the Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 5 provisions of this contract concerning the rights of the husband and wife during the 
marriage period and the post -divorce rights, and in particular the joint custody of the 
children.  
3. The marriage contract form shall include a disclosure b y each of the married couple of the 
existence of any other prior marital relationship established by either of them, indicating 
the date of divorce, if any, and the wife's acknowledgment that there is no existing marital 
relationship, taking into account t hat the husband shall submit this acknowledgment if 
his legislation does not allow him Polygamy and that, in all cases, the husband shall disclose any existing marital relationship before the authentication judge.  
4. The contract shall include a proof of cons ent of each of them, verbally or in writing.  
5. The Executive Regulations of this Decree -Law shall specify the approved bilingual 
contract form for civil marriage.  
6. Having verified that all conditions for a civil marriage contract and that the procedures stipu lated in this article are satisfied, the authentication judge shall authenticate the 
marriage contract which shall be recorded in the register prepared for this purpose.  
  
Chapter Three  
Divorce and its Procedures

Article (7) 
Divorce by Unilateral Will  
In order for the court to pronounce a judgment of divorce, it shall be sufficient for either of 
the married couple to express his / her wish to get separated and not to continue the conjugal 
relationship, without having to justify that desire, to specify the aspects of harm, or to lay the 
blame on the other party.  Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 6

Article (8) 
Divorce Procedures  
Either of the married couple may request divorce with no need to prove the harm, in 
accordance with the form prepared for this purpose, and the divorce shall take place by virtue 
of a court decision after the other party is duly served.

Article (9) 
Divorcee's Alimony  
The divorced woman may submit a request to the court, after the judgment granting divorce is rendered, seeking a judgment of alimony from her ex -husb and, and any claims subsequent 
to divorce before the court shall be added in accordance with the form prepared for this purpose. In the event that there is no agreement on the conditions or controls of such alimony 
or the other financial claims in the marr iage contract, the granting of the application and its 
duration shall be subject to the discretion of the judge after evaluating the following factors:  
1. The number of years of marriage, so that the larger number of years of marriage shall give rise to large r amounts of alimony;  
2. The age of the wife, so that the value of alimony decreases with the decrease in the age of the wife, and vice versa;  
3. The financial situation of each of the married couple, in accordance with a report prepared by an accounting expert who is delegated by the court to assess the economic position of 
each of the married couple;  
4. The extent of the husband's contribution to the divorce through negligence or error, or his 
commission of any act leading to the divorce;  Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 7 5. Compensation of either of  the married couple to the other for any physical or moral harm 
caused thereto as a result of the divorce;  
6. Financial damage incurred by either of the married couple as a result of the application to 
grant divorce by unilateral will;  
7. The father shall be liable for the expenses and costs of the mother's custody of the children 
during joint custody, for a temporary period not exceeding two years in accordance with 
the findings of the accounting expert's report;  
8. Whether or not the wife is interested in taking care of the children;  
9. In all cases, the wife's alimony shall lapse in the event that she gets married to another 
man, and in the event that her custody of the children ends for any reason, and that a new 
application may be submitted to amend the alimony af ter each year or in accordance with 
the changing circumstances.  
  
Chapter Four 
Custody of Children

Article (10) 
Joint Custody 
1. Custody of children is a joint and equal right of both the father and mother after the occurrence of the divorce. It is also a rig ht for the children not to live under the control of 
a single parent without the other, for raising and dealing with the child, in order to preserve the psychological health of the child in custody and limit the effects of divorce on the children.  
2. A genera l principle in the custody of the children is the participation of the father and the 
mother together in the responsibility of raising the children after the divorce, unless the 
two parties submit a request to the court to establish custody for the parent who is worthy Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 8 of fulfilling the interests of the child subject to custody, one of them submits a written 
waiver to the court of his right to custody , a parent submits a request to the court to remove the other parent from joint custody and drop his right to custody for any reason 
acceptable to the court, such as symptoms of eligibility, the danger of the person's 
participation in custody, or the failure of the joint custodian to perform his duties. In 
keeping with this, the Executive Regulations of this De cree- Law shall set out the cases of 
removing the other party from custody and forfeiting his right to it.  
3. In the case of a dispute between both parents over an issue related to joint custody, either 
parent shall be entitled to apply to the court in accordance with the relevant form to 
challenge the position of the other parent ask the court to decide on the matter subject matter of dispute.  
4. The court shall have a discretionary power to decide a particular course of action in the 
best interest of the child under custody, based on the request of either parent after divorce.  
  
Chapter Five  
Estates and Wills

Article (11) 
Distribution of Estate  
1. The testator shall have the right to leave a will with the entire property he owns in the 
State in favor of anybody he wants in accordance with the controls specified by the 
Executive Regulations of this Decree -Law.  
2. In the absence of a will, half of the inheritance shall devolve to the husband or wife, and 
the other half shall be distributed equally among the ch ildren with no differentiation 
between male and female. If the deceased has no children, the legacy shall devolve to the 
parents of the deceased if they are alive equally or half of the legacy shall devolve to either Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 9 of the parents in the case the other parent has died, while the other half shall devolve to 
the brother and sisters thereof. In absence of such situations all the legacy shall devolve to either parent in absence of the testator's other parent, spouse, children or brothers and 
sisters. In the ev ent of absence of both parents, the entire legacy shall devolve into the 
testator's brothers and sisters where it shall be divided on equal basis without differentiation between males and females.  
3. Notwithstanding the provisions of Clause (2) of this Article, any of the foreigner's heirs 
may request the application of the law applicable to the estate in accordance with the 
provisions stipulated in the Civil Code, unless there is a registered will to the contrary.

Article (12) 
Procedures for Opening a nd Distributing the Estate File  
The Cabinet shall issue an inheritance procedures manual for those addressed by the provisions of this Decree -Law.

Article (13) 
Wills Registration Procedures  
1. The wills of the persons governed by the provisions of this Decr ee-Law shall be recorded 
in the register prepared for this purpose in accordance with the procedures specified by 
the Executive Regulations of this Decree -Law.  
2. The married couple may fill out a will registration form during the signing of the marriage 
cont ract to indicate how the property will be distributed in the event of the death of either 
of them.  
  Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 10 Chapter Six 
Establishment of Parentage

Article (14) 
Establishment of Newborn's Parenthood  
1. The parentage of the child shall be established by marriage or by  the acknowledgment of 
the father and mother, and the child's birth certificate shall be issued in accordance with 
the legislation in force in this regard.  
2. The court may order a DNA test to be conducted, in accordance with the rules regulating that, and sh all only issue an order establishing parentage after verifying the following:  
a. The child is of an unknown parentage.  
b. That the age difference is likely to establish the child's relationship with the claiming 
person.  
3. The Cabinet may, based on the proposal of the Minister of Justice, issue a resolution 
regulating the procedures and provisions for adoption and surrogate families and its implications  
  
Chapter Seven  
Final provisions

Article (15) 
Matters not Specifically Provided  
The laws and legislation in force in the State shall apply to matters not specifically provided for in this Decree -Law.

Article (16) Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status  
 11 Executive Regulations  
The Cabinet will issue the Executive Regulations for this Decree Law.

Article (17) 
Repeals  
Any provision that goes against or contradicts the provisions of this Decree -Law shall hereby 
be repealed.

Article (18) 
Publication and Entry into Force of this Decree -Law  
This Decree -Law shall be published in the Official Gazette and shall enter into force as of 
February 1, 2023. 
  
The Presidential Office  
Mohamed bin Zayed Al Nahyan  
President of the United Arab Emirates  
Issued by us on the Presidential Palace in Abu Dhabi  
On 7 Rabi' Al -Awwal 1444 (AH)  
Corresponding to 3 October 2022 (AD)