Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status
- Law Type: Federal Decree-Law
- Law Number: No. (122) of 2023
- Issued Date: 27 Nov 2023
- Effective Date: 16 Dec 2023
- Official Gazette: No. 765
- Sector: Family and Community
- Status: Active
- Number of Articles: 94
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution provides the executive regulation for Federal Decree-Law No. (41) of 2022 on the Civil Personal Status. It sets out detailed rules and procedures governing civil marriage contracts, financial rights and obligations during marriage, divorce and child custody, as well as the administration of wills and estates. The Resolution aims to comprehensively regulate personal status matters in the UAE, ensuring the rights and obligations of individuals and families are clearly defined. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023) The Resolution is significant for businesses and individuals in the UAE, as it clarifies the legal framework for personal status issues that can have major financial and practical implications. Employers, for example, need to understand their obligations regarding employee benefits and entitlements related to marriage, divorce and child support. Individuals must also be aware of their rights and responsibilities under the law when it comes to matters like wills, inheritance and child custody. Overall, this legislation provides important legal certainty in an area that deeply affects people's lives. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What is the scope and purpose of this law?
The Cabinet Resolution provides the executive regulation for Federal Decree-Law No. (41) of 2022 on the Civil Personal Status. It applies to all individuals subject to UAE law and regulates a wide range of personal status matters, including civil marriage, divorce, child custody, wills and estates. The purpose is to comprehensively define the rights, obligations and procedures governing these important aspects of people's lives in the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023, Art. 1)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- 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
- Accounting Expert's Report: A report drawn up by an accounting expert assigned by the competent court to evaluate the financial situation of the married couple
- The Will: The testator's disclosure of their will regarding the disposition of their property after death
- Executor: The natural or legal person appointed by the testator to execute the will
- Administrator of an Estate: The natural or legal person in charge of compiling assets and managing the estate through the competent court
- Register: The document for registering wills and estates of persons subject to the Resolution
(Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023, Art. 1)
What are the main obligations and requirements?
The Resolution imposes several key obligations and requirements: 1. Conditions for a valid civil marriage contract, including minimum age of 21, legal capacity, consent, and prohibited degrees of relationship. (Art. 2) 2. Procedures for submitting a civil marriage application, including required documents and information to be provided. (Art. 4) 3. Obligations of the auditor to verify all marriage requirements are met before referring the application to the authentication judge. (Art. 5) 4. Criteria the competent court must consider when determining financial rights and obligations between divorced spouses, such as duration of marriage, fault, financial status, and child custody. (Art. 6) 5. Requirement for the father to provide housing allowance for the divorcee during the period of joint child custody, unless the court deems otherwise. (Art. 8) 6. Obligation of the father to financially support his children after divorce, covering education, housing, treatment and other expenses. (Art. 11) (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration or approval requirements under this Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What rights and protections does this law provide?
The Resolution provides several key rights and protections: 1. The right of the divorcee to seek a housing allowance from the competent court, either in kind or in cash, to provide temporary housing after the divorce. (Art. 9) 2. The right of the divorcee to submit a request to the competent court for temporary alimony until a decision is made on the financial rights resulting from the divorce. (Art. 10) 3. The right of the father to be exempted wholly or partially from paying the housing allowance if the divorcee mother has the financial means to rent or own suitable housing for the children. (Art. 8) 4. The right of the testator to appoint an executor to carry out the provisions of their will. (Arts. 33-41) (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Competent Court: The circuit concerned with reviewing cases and authentications filed in accordance with the Decree-Law. The Competent Court is responsible for various functions, including: - Appointing an accounting expert to evaluate the financial situation of married couples (Art. 7) - Determining financial rights and obligations between divorced spouses (Art. 6) - Deciding on applications for housing allowance and child support (Arts. 8-12) 2. The Auditor: The employee responsible for verifying that all documents and conditions necessary to conclude a marriage contract are met (Art. 5). (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What fees, charges, or financial provisions are specified?
The Resolution does not provide any details on fees, charges or other financial provisions. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What exemptions or exceptions apply?
The legislation does not outline any exemptions or exceptions to the provisions of this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms or procedures. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
What are the key deadlines and time limits?
The only time period mentioned in the Resolution is that the competent court may dismiss an application for temporary alimony if the divorcee has a job or fixed income that provides for her basic needs, and the application shall be decided on through an order on a petition. (Art. 10) The legislation does not provide any other specific deadlines or time limits.
How does this law interact with other UAE legislation?
This Cabinet Resolution provides the executive regulation for Federal Decree-Law No. (41) of 2022 on the Civil Personal Status. It does not mention any other UAE legislation that it amends or repeals. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
When did this law come into effect?
This Cabinet Resolution came into effect on 16 December 2023, as stated in the "Effective Date" section of the legislation details. (Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status, 2023)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.