Cabinet Resolution No. (122) of 2023

The Cabinet,

• Having reviewed the Constitution; and
• Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, as amended; and
• Federal Decree-Law No. (41) of 2022 on Personal Status; and
• Based on the Minister of Justice's proposal as approved by the Cabinet.

Hereby Resolves as follows:

Article (1)

Definitions

For the purpose of applying the provisions of this Resolution, the following words and phrases shall denote the meanings indicated next to each of them respectively, unless the context requires otherwise:

The State: The United Arab Emirates.

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

Competent Court: The circuit concerned with reviewing cases and authentications filed in accordance with the provisions of the Decree Law.

Auditor: The employee responsible for verifying that all documents and conditions necessary to conclude a marriage contract are met in accordance with the provisions of the Decree Law and this Resolution.

Accounting Expert's Report: A report draw up by an accounting expert assigned by the competent court to evaluate the economic situation of each spouse to determine the true financial situation of the married couple, such as sources of income, volume of wealth and property in order to calculate the value of marital alimony. The report shall be bilingual whenever the competent court deems the same necessary in view of the circumstances of the case and the nationality of the parties.

The Will: The testator's disclosure of his will regarding how to dispose of his property or any part thereof after death.

Executor: The natural or legal person appointed by the testator to execute the will, whether by virtue of a document designated by the will itself or by an independent document or by the competent court.

Administrator of an Estate: The natural or legal person in charge of compiling assets and managing the Estate through the competent court.

Register: The paper or electronic document for registering the wills and estates of those persons subject to the provisions of this Resolution.

Article (2)

Provisions of a Civil Marriage Contract

For a civil marriage contract to be established, the following conditions shall be met:

1. That both the husband and wife have attained at least (21) twenty-one Gregorian years.
2. That the married couple shall have the legal capacity necessary to undertake legal actions.
3. The civil marriage shall be executed between a male and a female.
4. That the married couple explicitly express their consent to marriage.
5. Marriage shall not take place between brothers, sons, grandchildren, paternal uncles, maternal uncles or relatives up to the third degree.
6. The marriage shall not take place between the adopted child and the father or mother in the alternative family or any of their natural children.
7. Never get marriage to two sisters, a wife and her mother, maternal aunt, paternal aunt or grandmother, if the legislation, to which the husband is subject, permits polygamy.
8. The wife shall not have an existing marital relationship, and also the husband if the legislation, to which he is subject, does not permit polygamy. In all cases, the husband shall disclose any existing marital relationship.

Article (3)

Conclusion of Marriage Contract by Guardian, Custodian or Trustee

Notwithstanding Article (2.2) of this Resolution, the contract may be executed by any of the guardians, custodians or trustees, as the case may be, if either of the married couple is a minor, after obtaining the judge's permission, provided that he verifies the availability of interest in this marriage.

Article (4)

Procedures for Submitting Civil Marriage Application

1. The married couple shall submit an application for a civil marriage to the authentication judge in accordance with the procedures followed in this regard.
2. The following documents shall be submitted with the civil marriage application form No. (1) accompanying this Resolution: a. The supporting documents and ID cards of the civil marriage applicants. b. A document proving the residence of the civil marriage applicant in the State. c. A document issued by the competent authorities in the home country of the civil marriage applicant, showing their age.
3. The marriage application form No. (1) accompanying this Resolution shall include the following: a. A declaration that there is no existing marital relationship for the wife, and also for the husband if the legislation, to which he is subject, does not permit polygamy. b. Any conditions to be agreed upon between the married couple that determine their rights during the period of marriage and post-divorce through divorce application form No. (3) accompanying this Resolution, in particular joint custody. c. Evidence of the married couple' express consent to the marriage contract. d. Signatures of the married couple. e. Disclosure Form No. (2) accompanying this Resolution.

Article (5)

Civil Marriage Contract Procedures and Authentication

1. The auditor shall be responsible for verifying the fulfillment of all conditions for marriage and the completion of all documents and forms stipulated in the Decree Law and this Resolution, and he may return the application to its applicants until the requirements are fulfilled.
2. The application shall be admitted and referred to the authentication judge at the competent court after the required conditions are met and the fees are paid.
3. If it becomes clear to the authentication judge at the competent court that the application meets all the conditions stipulated in the Decree Law and this Resolution, a hearing shall be scheduled for appearance for the sake of completing the procedures for authentication of the marriage contract.
4. The married couple shall expressly express before the authentication judge at the competent court their consent to complete the procedures for the marriage in the scheduled hearing.
5. The authentication judge shall authenticate the marriage contract when he verifies that there is nothing that legally impedes the validity of the consent of the married couple and after verifying proof of their signature on Disclosure Form No. (2) accompanying this Resolution.
6. The competent court shall issue the civil marriage document in Arabic and English whenever necessary, taking into account the nationality of the parties and shall hand over a copy of the marriage document to each of the married couple in accordance with its procedures.

Article (6)

Financial and In-Kind Rights for the Duration of Marriage

According to the discretionary authority of the competent court and in the event that the parties do not agree on the conditions or controls for the financial rights resulting from a civil marriage, the judge may oblige either of the married couple to pay a lump sum to indemnify the other party after the divorce, taking into account the following calculation criteria:

1. The number of years of marriage, so that the larger number of years of marriage shall give rise to larger amounts of compensation.
2. The extent to which the husband or wife was the cause of the failure of the marital relationship through negligence or fault or perpetration of any act that led to divorce, such as infidelity or abandonment.
3. Compensation by either of the married couple of the other for any material or moral damage suffered as a result of the divorce.
4. The economic, financial and social status of each spouse depending on the accounting expert report.
5. Level of education and university degrees for the married couple.
6. The age of the wife, so that the value of alimony decreases with the decrease in the age of the wife and vice versa.
7. Level of interest of the wife in taking care of the children or not.
8. The husband’s requirement that the wife should or should not work.
9. The standard of living that both the wife and children are accustomed to during the marriage period.
10. The extent to which each spouse contributes to the other party’s wealth.
11. The health conditions of the married couple.
12. The wife’s employment status and her employability.
13. The number of children, their ages and their need for care.
14. Financial dependence of either of the married couple on the other.
15. Any other criteria that the competent court deems necessary.

Article (7)

Competent Court's Appointment of an Accounting Expert for the Financial Evaluation

1. The competent court shall assign the mission of evaluating the financial position of the married couple to an accounting expert who is fluent in the English language, whenever necessary, who shall be assigned to indicate the total financial value to which the wife or husband is entitled after the divorce.
2. The competent court has the discretion to rely on the expert's report, in a way that ensures a decent living for the divorcee and her children without burdening the father with financial costs that exceed his financial capabilities.

Article (8)

Provision of Housing for the Divorcee During the Period of Joint Custody

1. Unless the competent court deems otherwise, the father shall pay a housing allowance in kind or in cash to his divorcee for the duration of the joint custody of the children in the event that both parties do not agree otherwise in the marriage contract, taking into account the following measures: a. The new housing shall be appropriate for the standard of living to which the children in custody were accustomed before the divorce. b. The close distance between the new housing and their old one. c. The housing allowance shall include basic utility bills such as electricity, water, internet, gas, air conditioning and other matters.
2. The competent court may exempt the father, wholly or partially, from paying the housing allowance if the divorcee mother has the solvency that allows her to rent or own suitable housing that meets the needs of the children in custody. The evaluation of the solvency shall be subject to the judge's discretion based on the accounting expert report.

Article (9)

Housing Assistance for Divorcee

The divorced woman may submit a request to the competent court, after the judgment granting divorce is rendered, seeking a judgment of a housing allowance in kind or in cash to the extent that provides her with temporary housing following the divorce. The judge shall determine the value and duration of housing assistance depending on the wife's living conditions before the divorce, and in proportion to the economic and financial situation of the divorcee, unless the married couple agree otherwise in the marriage contract.