UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
riage was valid in the law of the place where it was concluded, or whether it goes against public policy. If the court finds that the marriage between the parties is invalid, it may proceed with an annulment. 1.2 Choice of Jurisdiction Jurisdictional Grounds Civil partnership and same-sex marriages are not recognised in the UAE. In accordance with Article 5 of Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), the UAE courts shall have jurisdiction on family matters where the defendant is either a citizen or a resident of the UAE. Even if the respondent is not a UAE resi - dent, the UAE courts could have jurisdiction in accordance with Article 6 of Federal Law No 28/2005 when the scenario concerns: • a marriage (or opposition thereto) to be car - ried out the state; • divorce from a husband who is or was domi - ciled in the UAE; • children’s or wives’ expenses if they are domiciled in or their workplace is in the UAE; • guardianship of UAE-domiciled child; • a family dispute against someone who has no known domicile or residence; • more than one respondent, one of whom is UAE-domiciled; or • a respondent choosing to define the UAE as their domicile. This provision has not been significantly amend - ed in new Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims). According to Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi and Executive Regulation No 8 of 2022
(applicable for non-Muslims in Abu Dhabi), Abu Dhabi Courts shall have jurisdiction: • when both the expats are residents of Abu Dhabi or have an existing or previous working address there; • if the respondent’s civil marriage was con - cluded in Abu Dhabi, even if they did not work or have an address there; • if the respondent has chosen to live in Abu Dhabi or if the claimant has employment or a home in Abu Dhabi; • if the child of a marriage is based in Abu Dhabi; or • if the claimant is based in Abu Dhabi and the respondent’s location is unknown. Domicile, Residence and Nationality In general, the Court of First Instance (the lowest tier of court) has jurisdiction over family cases filed against citizens or foreigners who are domi - ciled or resident in the UAE (in accordance with Article 5 of Federal Law No 28/2005 on Personal Status, which is applicable until 15 April 2025 for Muslims). Domicile is defined as a place where an individual resides, and which the individual considers to be their long-term home. Resi - dence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes if they are living in the UAE and holding an appro - priate resident visa. The jurisdiction of the UAE courts is public policy, and, therefore, the trial courts have the discretion to review the facts of cases to estab - lish whether they have jurisdiction. If none of the criteria to establish jurisdiction in the relevant personal status laws or the civil procedures laws are satisfied, a party may contest the maintain - ability of their case on jurisdictional grounds.
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