Understanding New Laws for Unmarried Couples in the UAE

Introduction

Recent legislative changes in the UAE have significantly impacted the legal status of expatriates, especially concerning the rights of unmarried couples. With the decriminalisation of living together without a marriage certificate, we spoke with Clotilde Iaia Polak, founder of Yungo Law, to better understand what these updates entail for the personal and legal aspects of expatriates’ lives in this Muslim-majority country.

Legal Framework for Cohabitation

Q: Can you explain the current legal stance on cohabitation disputes and how married and unmarried couples are viewed under the current laws?

A: The UAE law does not currently provide specific guidelines for resolving disputes among unmarried couples living together, nor does it differentiate significantly between the rights of married and unmarried couples in terms of cohabitation. While the criminal charges for cohabitation without being married have been removed, consensual sexual relations outside of marriage remain illegal and subject to severe punishments if reported. This legal ambiguity underlines the importance of formalising cohabitation agreements, which can help unmarried couples define and protect their rights and responsibilities, especially in case of financial disputes or separation.

Property Rights Among Unmarried Couples

Q: What happens with property ownership in the case of a dispute between unmarried couples?

A: In the event of a dispute, the property’s title deed, which specifies ownership details, is crucial. The courts may intervene to sell the property and distribute the proceeds based on the documented shares. However, if the title deed does not list both parties, the property is presumed to belong to the person named unless the other can provide proof of marriage or financial contribution, or a cohabitation agreement that clarifies ownership.

Q: How does the law treat assets acquired during cohabitation?

A: Unlike married couples, where assets are typically considered joint assets, property acquired by unmarried couples during their relationship is not automatically presumed to be owned jointly. This distinction can significantly affect the division of assets if the relationship ends, especially in terms of inheritance matters and financial claims.

Children’s Rights and Custody

Q: What’s the legal approach to child custody and visitation for children born to unmarried couples?

A: While the laws are more developed concerning divorce, implying equal custody rights, the rights of unmarried parenting are less defined. However, recent regulations suggest that these rights may also apply to unmarried parents, ensuring equal involvement up to the age of puberty.

Q: How are the child’s best interests determined in such cases?

A: The law generally promotes the involvement of both parents unless there are compelling reasons against it. This approach is increasingly being applied to cases involving unmarried parents as well, aiming to uphold public safety and the child’s well-being.

Financial Responsibilities and Dispute Resolution

Q: What financial responsibilities exist between cohabiting partners?

A: Without specific legislation, financial responsibilities among cohabiting partners must be outlined in private agreements, as there are no default legal obligations.

Q: How are financial disputes resolved when there’s no formal agreement?

A: Resolving financial disputes without a formal agreement is challenging. Proof often depends on demonstrating financial arrangements through bank statements, bills, or other records.

Cohabitation Agreements

Q: Are cohabitation agreements recognised by UAE law?

A: Yes, such agreements are legally recognised, provided their contents are lawful. With the decriminalisation of cohabitation, these agreements are enforceable, helping partners clarify their financial and property rights.

Q: What should a cohabitation agreement include to be effective?

A: A comprehensive cohabitation agreement should clearly outline each partner’s financial obligations, property rights, and any responsibilities towards children, ensuring clarity and preventing future disputes.

Conclusion: The UAE’s Updates to Family Law

The recent changes to family law in the UAE are seen as positive by many expatriates, including Western tourists and international tourists visiting major tourist destinations. However, navigating these changes can be complex without proper legal guidance. If you are an expatriate in the UAE seeking to understand your rights under the new laws, Yungo Law can provide expert legal advice and support. 

Originally published at https://yungo.ae/understanding-new-laws-for-unmarried-couples-in-the-uae/