Understanding the Key Amendments in UAE Civil Code: Federal Decree-Law No. (30) of 2020

​In September 2020, the United Arab Emirates introduced Federal Decree-Law No. (30) of 2020, enacting significant amendments to the Federal Law No. (5) of 1985, commonly known as the Civil Code. These amendments reflect the UAE’s commitment to aligning its legal framework with international standards and addressing the evolving needs of its diverse population.​

Key Amendments Introduced:

1. Marriage and Divorce Provisions:

   • Applicable Law for Marriage Validity: The law now stipulates that the substantive conditions for the validity of a marriage are governed by the law of the country where the marriage was concluded. This change provides clarity for marriages involving foreign nationals, ensuring that the legal requirements of the jurisdiction where the marriage took place are recognized.
   • Governing Law for Divorce and Separation: The amendments specify that the law of the country where the marriage was concluded will also govern divorce and separation proceedings. This provision ensures consistency and predictability for couples seeking dissolution of their marriage, particularly when multiple legal systems could be involved.

2. Inheritance and Wills:

   • Law Applicable to Inheritance: The amendments state that, subject to certain exceptions, the law of the country to which the deceased belonged at the time of death shall apply to inheritance matters. This provision respects the personal law of the deceased, which is especially pertinent in the UAE’s multicultural society.
   • Wills Concerning UAE Real Estate: A notable change is that the UAE law shall apply to wills made by foreigners concerning their real estate properties in the UAE. This amendment ensures that the disposition of real estate within the UAE aligns with local legal principles, providing clarity and legal certainty for property succession.

3. Conflict of Laws:

   • Public Order and Morality Considerations: The amendments emphasize that certain provisions of foreign laws will not be applicable if they contradict Islamic Sharia principles or the public order and morals of the UAE. This ensures that the application of foreign laws does not conflict with the foundational values and societal norms of the UAE.

4. Co-ownership and Property Division:

   • Division of Indivisible Property: The law addresses situations where a property cannot be divided in kind or where such division would cause significant damage or decrease in value. In such cases, any co-owner may sell their share to another co-owner or request a judicial sale of the entire property, with proceeds distributed proportionally. This provision offers practical solutions for co-owners facing challenges in property division.

Implications for Residents and Legal Practitioners in Dubai:

These amendments have profound implications for both residents and legal practitioners in Dubai:

• For Residents: The changes provide greater clarity and predictability in personal matters such as marriage, divorce, and inheritance, especially for expatriates. Understanding that the law of the place where the marriage was concluded governs marital matters can assist individuals in making informed decisions. Additionally, recognizing that UAE law applies to wills concerning local real estate ensures that property succession aligns with national legal standards.
• For Legal Practitioners: Lawyers must be adept at navigating these amendments to effectively counsel clients. Familiarity with the applicable laws in marriage and divorce cases, as well as the nuances of inheritance laws for both UAE nationals and expatriates, is crucial. Moreover, understanding the provisions related to co-ownership and property division enables practitioners to provide comprehensive advice in property disputes.

In conclusion, Federal Decree-Law No. (30) of 2020 signifies the UAE’s dedication to modernizing its legal system while respecting its cultural and religious values. For residents and legal professionals in Dubai, staying informed about these amendments is essential to ensure compliance and to make informed decisions in personal and legal matters.

“For a comprehensive understanding of all amendments, refer to the official document:Federal Decree Law No. (30) of 2020 Concerning Civil Code