Dubai: Non-muslims in the UAE can now book for a ‘no-fault’ abatement in Abu Dhabi’s new non-Muslim Claimed Cachet Court, which was opened aftermost year. The specialised ancestors cloister for non-Muslims has administration over claimed cachet matters, such as marriage, divorce, bequest and adolescent aegis beneath Law No. 14 of 2021 on non-Muslims Claimed Cachet in the Emirate of Abu Dhabi, which was issued in November 2021.
A ‘no-fault’ divorce, is the abatement of a marriage, which does not crave a assuming of atrocity by either party. Previously abatement would alone be accepted if one affair was at fault.
The abatement accepted by the non-Muslim ancestors cloister is internationally recognised and the affairs are done in Arabic and English. Here are the abundant rules and procedures.
What is a no-fault divorce?
As per Abu Dhabi Judicial Department (ADJD)’s website – www.adjd.gov.ae: “No- accountability abatement is a abatement in which neither affair is appropriate to accusation the added for the breakdown of the marriage. The ancestors cloister will accordingly admission a abatement in acknowledgment to the no-fault abatement appliance afterwards acute affirmation of the affidavit abaft the alliance breakdown.”
The civilian alliance arrangement is adapted by Articles 6 and 7 of Law No. 14 of 2021, which was issued by President His Highness Sheikh Khalifa Bin Zayed Al Nahyan.
Providing added capacity on what a ‘no-fault’ abatement is, Dipali Maldonado, Senior Consultant at the law close Al Tamimi and Company, said: “Couples gluttonous a abatement can opt for a no-fault divorce, acceptation they do not charge to authorize harm. Joint aegis of accouchement and added keep accept been alien and the abatement action has been simplified – it is no best all-important to go afore the Ancestors Guidance Committee as a aboriginal step, the abatement can be accepted at the aboriginal audition thereby abbreviation time and expense.”
A brace that wishes to abstracted does not accept accommodate a acumen and does not accept to go through a arbitration stage, either, as per the Abu Dhabi Judicial Department (ADJD).
– Dipali Maldonado, Senior Consultant at the law close Al Tamimi and Company
Who can administer for divorce?
According to the department’s website – www.adjd.gov.ae – either the bedmate or wife can administer for a ‘non-fault’ divorce. But the being filing the appliance charge be an Abu Dhabi citizen or the alliance affidavit charge accept been issued in Abu Dhabi.
To book for divorce, the appellant charge complete and abide the ‘No-Fault Abatement Application’ anatomy through the Interactive Case Registration (ICR) service. Applicants can download the appliance anatomy here: https://www.adjd.gov.ae/AR/Documents/Courts Form/2_Divorce_Form.pdf
Bassel Boutros , an accessory at BSA Ahmad Bin Hezeem and Associates LLP, explained the acknowledged procedures for abatement in the non-Muslim court.
“The affair applying for abatement will accept to complete the English-Arabic Bilingual arrangement with the appropriate abstracts absorbed to it and achieve the cloister fees. The cloister will adjudge if the address meets all the requirements, abnormally in affiliation to the cloister administration to aphorism on the matter,” Boutros said.
“In the accident the address is approved, the cloister will agenda a audition for the arising of the abatement adjustment afterwards a aeon of at atomic 30 canicule from the date on which the address was approved. The parties will be notified of the audition date. The actor will accept the appropriate to claiming the cloister administration by appointment a announcement 10 canicule afore the hearing. On the day of the hearing, the adjudicator will affair his ruling.”
– Bassel Boutros , an accessory at BSA Ahmad Bin Hezeem and Associates LLP
What are the appropriate documents?
The abstracts appropriate to abutment the ‘no-fault’ abatement application:
How does keep or banking claims afterwards the abatement assignment beneath the new law?
The ADJD website states that if neither apron can ability an accordant banking adjustment aloft divorce, they can administer for a banking adjustment appliance the post-divorce appliance for a banking adjustment by downloading the appliance anatomy here: https://www.adjd.gov.ae/AR/Documents/Courts Form/4_Post_Divorce.pdf
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