Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status

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The Cabinet,

• Having reviewed the Constitution; and
• Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, as amended; and
• Federal Decree-Law No. (41) of 2022 on Personal Status; and
• Based on the Minister of Justice’s proposal as approved by the Cabinet.

Hereby Resolves as follows:

Article (1) Definitions

For the purpose of applying the provisions of this Resolution, the following words and phrases shall denote the meanings indicated next to each of them respectively, unless the context requires otherwise:

Article (2) Provisions of a Civil Marriage Contract

For a civil marriage contract to be established, the following conditions shall be met:

1. That both the husband and wife have attained at least (21) twenty-one Gregorian years.
2. That the married couple shall have the legal capacity necessary to undertake legal actions.
3. The civil marriage shall be executed between a male and a female.
4. That the married couple explicitly express their consent to marriage.
5. Marriage shall not take place between brothers, sons, grandchildren, paternal uncles, maternal uncles or relatives up to the third degree.
6. The marriage shall not take place between the adopted child and the father or mother in the alternative family or any of their natural children.
7. Never get marriage to two sisters, a wife and her mother, maternal aunt, paternal aunt or grandmother, if the legislation, to which the husband is subject, permits polygamy.
8. The wife shall not have an existing marital relationship, and also the husband if the legislation, to which he is subject, does not permit polygamy. In all cases, the husband shall disclose any existing marital relationship.

Article (3) Conclusion of Marriage Contract by Guardian, Custodian or Trustee

Notwithstanding Article (2.2) of this Resolution, the contract may be executed by any of the guardians, custodians or trustees, as the case may be, if either of the married couple is a minor, after obtaining the judge’s permission, provided that he verifies the availability of interest in this marriage.

Article (4) Procedures for Submitting Civil Marriage Application

1. The married couple shall submit an application for a civil marriage to the authentication judge in accordance with the procedures followed in this regard.
2. The following documents shall be submitted with the civil marriage application form No. (1) accompanying this Resolution:
   • a. The supporting documents and ID cards of the civil marriage applicants.
   • b. A document proving the residence of the civil marriage applicant in the State.
   • c. A document issued by the competent authorities in the home country of the civil marriage applicant, showing their age.
3. The marriage application form No. (1) accompanying this Resolution shall include the following:
   • a. A declaration that there is no existing marital relationship for the wife, and also for the husband if the legislation, to which he is subject, does not permit polygamy.
   • b. Any conditions to be agreed upon between the married couple that determine their rights during the period of marriage and post-divorce through divorce application form No. (3) accompanying this Resolution, in particular joint custody.
   • c. Evidence of the married couple’ express consent to the marriage contract.
   • d. Signatures of the married couple.
   • e. Disclosure Form No. (2) accompanying this Resolution.

Article (5) Civil Marriage Contract Procedures and Authentication

1. The auditor shall be responsible for verifying the fulfillment of all conditions for marriage and the completion of all documents and forms stipulated in the Decree Law and this Resolution, and he may return the application to its applicants until the requirements are fulfilled.
2. The application shall be admitted and referred to the authentication judge at the competent court after the required conditions are met and the fees are paid.
3. If it becomes clear to the authentication judge at the competent court that the application meets all the conditions stipulated in the Decree Law and this Resolution, a hearing shall be scheduled for appearance for the sake of completing the procedures for authentication of the marriage contract.
4. The married couple shall expressly express before the authentication judge at the competent court their consent to complete the procedures for the marriage in the scheduled hearing.
5. The authentication judge shall authenticate the marriage contract when he verifies that there is nothing that legally impedes the validity of the consent of the married couple and after verifying proof of their signature on Disclosure Form No. (2) accompanying this Resolution.
6. The competent court shall issue the civil marriage document in Arabic and English whenever necessary, taking into account the nationality of the parties and shall hand over a copy of the marriage document to each of the married couple in accordance with its procedures.

Article (6) Financial and In-Kind Rights for the Duration of Marriage

According to the discretionary authority of the competent court and in the event that the parties do not agree on the conditions or controls for the financial rights resulting from a civil marriage, the judge may oblige either of the married couple to pay a lump sum to indemnify the other party after the divorce, taking into account the following calculation criteria:

1. The number of years of marriage, so that the larger number of years of marriage shall give rise to larger amounts of compensation.
2. The extent to which the husband or wife was the cause of the failure of the marital relationship through negligence or fault or perpetration of any act that led to divorce, such as infidelity or abandonment.
3. Compensation by either of the married couple of the other for any material or moral damage suffered as a result of the divorce.
4. The economic, financial and social status of each spouse depending on the accounting expert report.
5. Level of education and university degrees for the married couple.
6. The age of the wife, so that the value of alimony decreases with the decrease in the age of the wife and vice versa.
7. Level of interest of the wife in taking care of the children or not.
8. The husband’s requirement that the wife should or should not work.
9. The standard of living that both the wife and children are accustomed to during the marriage period.
10. The extent to which each spouse contributes to the other party’s wealth.
11. The health conditions of the married couple.
12. The wife’s employment status and her employability.
13. The number of children, their ages and their need for care.
14. Financial dependence of either of the married couple on the other.
15. Any other criteria that the competent court deems necessary.

Article (7) Competent Court’s Appointment of an Accounting Expert for the Financial Evaluation

1. The competent court shall assign the mission of evaluating the financial position of the married couple to an accounting expert who is fluent in the English language, whenever necessary, who shall be assigned to indicate the total financial value to which the wife or husband is entitled after the divorce.
2. The competent court has the discretion to rely on the expert’s report, in a way that ensures a decent living for the divorcee and her children without burdening the father with financial costs that exceed his financial capabilities.

Article (8) Provision of Housing for the Divorcee During the Period of Joint Custody

1. Unless the competent court deems otherwise, the father shall pay a housing allowance in kind or in cash to his divorcee for the duration of the joint custody of the children in the event that both parties do not agree otherwise in the marriage contract, taking into account the following measures:
   • a. The new housing shall be appropriate for the standard of living to which the children in custody were accustomed before the divorce.
   • b. The close distance between the new housing and their old one.
   • c. The housing allowance shall include basic utility bills such as electricity, water, internet, gas, air conditioning and other matters.
2. The competent court may exempt the father, wholly or partially, from paying the housing allowance if the divorcee mother has the solvency that allows her to rent or own suitable housing that meets the needs of the children in custody. The evaluation of the solvency shall be subject to the judge’s discretion based on the accounting expert report.

Article (9) Housing Assistance for Divorcee

The divorced woman may submit a request to the competent court, after the judgment granting divorce is rendered, seeking a judgment of a housing allowance in kind or in cash to the extent that provides her with temporary housing following the divorce. The judge shall determine the value and duration of housing assistance depending on the wife’s living conditions before the divorce, and in proportion to the economic and financial situation of the divorcee, unless the married couple agree otherwise in the marriage contract.

Article (10) Alimony

1. The divorcee may submit a request to the competent court, after the judgment granting divorce is rendered, seeking a judgment of temporary alimony for her until a decision is made on the financial rights resulting from the divorce, according to the divorcee alimony application form No. (4) accompanying this Resolution.
2. The competent court shall decide on the application based on the documents submitted by the wife, showing the married couple’ monthly income and taking into account the account statement for the last (6) six months. The competent court may dismiss the application for temporary alimony if the divorcee has a job or a fixed source of income that provides her with basic needs, and the application shall be decided on through an order on a petition.

Article (11) Responsibility for Financial Support of Children

The father shall financially support his children after the divorce, and the same includes all aspects of maintenance, such as education, housing fees, treatment and other daily or periodic expenses that he was responsible for before the divorce, unless the married couple agree otherwise in the marriage contract.

Article (12) Authority of the Competent Court to Estimate Child Support

The competent court has the discretion to estimate the maintenance required from the father for the benefit of the children and the financial fines imposed on him in the event of his failure to provide the maintenance as required, as long as the judgment of the competent court is rendered based on justifiable reasons according to the circumstances of divorce and joint custody. The competent court may also increase or decrease this amount and estimate the method of calculating and paying the same, according to the results of the accounting expert report, in a way that ensures a decent living for the mother and children without burdening the father with financial costs that exceed his financial capabilities.

Article (13) Joint Custody

1. In the divorce judgment, the competent court shall automatically grant joint custody of the children equally between the father and mother, except in the following cases:
   • a. Either party submits an application to the competent court to grant the custody for the parent who is worthy of fulfilling the interests of the child subject to custody, in accordance with custody application form no. (5) accompanying this Resolution.
   • b. Either party may submit a written waiver to the competent court of his right to custody.
2. The mother or father may object to the joint custody judgment if there are sound justifications.

Article (14) Alternation of Joint Custody

In the event that the parents fail to reach an agreement on how to divide the custody between them after divorce, the competent court shall indicate how to divide joint custody, whether on a weekly, semi-monthly or monthly basis or in any other way that takes into account the best interest of the child in custody. The division includes a statement of the distribution of leaves and public holidays, and the competent court may apply any of the following distributions:

1. Weekly alternation of custody: The child in custody spends one week with the father and the following week with the mother, and so on continuously throughout the year.
2. Semi-monthly alternation of custody: The child in custody spends two consecutive weeks with the father and two consecutive weeks with the mother, and so on consecutively throughout the year.
3. Monthly alternation of custody: The child in custody spends a month with the father and the following month with the mother, and so on consecutively throughout the year.
4. Any other arrangements that the competent court deems necessary to achieve the interests of the child in custody.

Article (15) Application for Waiver of Joint Custody and its Effect

1. The basic principle in the custody of the children is the participation of the father and the mother together in the responsibility of raising the children after the divorce. However, either of them may request to give up the right to joint custody.
2. The person requesting the abandonment of joint custody shall not be exempted from financial obligations with respect to the children in custody.

Article (16) Parents’ Refusal to Perform Custodial Duties or Waiver of Custody

The competent court shall notify the Public Prosecution in the event that either parent refuses to carry out custodial duties or in the event that each of them gives up his/her right to joint custody in order to take whatever measures it deems appropriate.

Article (17) Application for Removal of Joint Custodian

1. The father or the mother may request removal of the other party from joint custody, whether legal custody, de facto custody or both.
2. The competent court shall set a date to consider the application and notify the parties of the date of the hearing.
3. In the hearing set for hearing the case, the competent court shall take the measures it deems necessary and appropriate for the interest of the child in custody in custody, whether by temporarily suspending joint custody until the case is adjudicated or by assigning a social expert to evaluate the objections contained in the application.

Article (18) Cases of Removal of the Joint Custodian

The competent court shall decide on the application to dismiss the father or the mother and give up its right to joint custody, whether temporarily or permanently, in any of the following cases:

1. The risk of the child in custody being exposed to domestic violence or ill-treatment.
2. Inadequate living conditions provided by the joint custodian to the child in custody.
3. The joint custodian has behavioral or psychological problems that would harm the child in custody or expose him/her to danger or negligence.
4. Loss or lack of eligibility of the joint custodian.
5. The joint custodian does not perform custodial duties.
6. The joint custodian commits a crime against morals and honor that prevents it from carrying out its duties or poses a threat to the behavior of the child in custody, provided that its guilt is proven by a final judgment.
7. Not devote time to caring for the child in custody and be distracted from caring for the child in custody.
8. The desire of the child in custody, provided that he/she reaches (18) eighteen years of age.
9. The custodian’s abuse of drugs, alcohol or any psychotropic substances.
10. Health reasons that prevent the joint custodian from carrying out its duties with respect to the child in custody.
11. Any other reasons determined by the competent court and in the interest of the child in custody.

Article (19) Termination of Joint Custody

In the event of terminate joint custody, the competent court has the discretion to apply the measures it deems appropriate of the rules of justice and fairness or the best international practices from comparative legal laws with regard to custody and visitation, while giving priority to the best interest of the child in custody.

Article (20) Application for Intervention of the Competent Court

1. In the event of a dispute between both parents over an issue related to joint custody, either parent shall be entitled to apply to the competent court to decide on the subject of the dispute
2. The court shall have a discretionary power to decide a particular course of action in the best interest of the child under custody, based on the request of either parent after divorce.

Article (21) Travel of Child During the Joint Custody Period

In the event that joint custody is in effect, either parent may not travel with the child in custody outside the State by a unilateral decision except with the permission of the judge in the event of opposition from either party, after submitting an application to the competent court. The court may oblige the person requesting travel to provide sufficient guarantees for the child’s back to the State on the specified date. In all cases, the application shall be subject to the discretionary authority of the competent court.

Article (22) Prevention of the Child in Custody from Traveling

After signing the divorce, either parent may submit to the competent court an application for preventing the child in custody from traveling for a temporary period, stating the objections to the child in custody’s travel. The application shall be subject to the discretionary authority of the competent court.

Article (23) Visitation

1. The father and mother may agree that the visitation shall be shared between them. In the event of disagreement, the competent court shall determine the place and time of the visit and the overnight stay, the person responsible for bringing the child in custody, the supervisor of the visit and the consequences resulting from the failure to implement the visitation and who caused it.
2. The competent court may, sua sponte or upon the motion of either parent, issue a decision to stop the visitation of the child when the interests of the child in custody require so, and when the disagreement between the parents disaffects the interests of the child in custody.

Article (24) Modification of the Visitation Judgment

The competent court rendering the visitation judgment may amend the same in terms of the place or time of the visitation and related matters, based on the motion of either parent or as required for the interests of the child in custody.

Article (25) Rights Regarding Will and Estate

The Will shall be executed before the distribution of the inheritance. However, the Will shall not be executed or the estate’s assets distributed unless the following requirements has been fulfilled and in accordance with the following order:

1. The funeral expenses;
2. Expenses for managing the estate and executing the Will.
3. Remuneration of the Executor and estate administrator.
4. Debts owed from the estate, according to the privilege levels stipulated in the effective laws.

Article (26) Execution of the Will

The Will shall be executed in writing or by using meaningful verbal expressions or intelligible signs if the testator is unable to write. A Will may be made in favor of a named or unnamed person; a living person or an unborn child whose existence is ascertained; or an identified or unidentified group, and may be made for charitable purposes. The wording of a Will may be non-restrictive or restrictive. A Will may stipulate that it shall take effect on a future date, and may be conditional or contingent upon the satisfaction of any requirements. In addition, a Will may apply to the whole estate or to any part thereof.

Article (27) Registration of the Will

The Will shall be registered in the register prepared for this purpose at the competent court in accordance with the following conditions and procedures:

1. The testator shall be non-Muslim subject to the provisions of the Decree Law and this Resolution.
2. The Will shall satisfy the Will validity conditions stipulated in Article (28) of this Resolution.
3. The Will shall nominate an Executor and shall state how the Testate property shall be disposed of.
4. The testator shall have signed the Will or affixed his seal or fingerprint to it, in the presence of two (2) witnesses.
5. The text of the Will shall not have been altered by deleting or erasing any part thereof, or by adding or inserting new text.
6. All the fees shall have been paid.

Article (28) Conditions for Validity of the Will

1. A Will shall be valid subject to the following conditions:
   • a. The Testate property shall be capable of being owned and used by the beneficiary of the Will.
   • b. The testator shall be of full capacity and shall not be less than twenty-one (21) years of age.
   • c. The testator shall not be under interdiction for prodigality or imbecility unless the Will is made for charitable purposes and his guardian obtains the relevant approval from the competent court.
   • d. The testator shall not be prohibited from disposing of his property, and shall not be declared bankrupt or insolvent.
   • e. The testate property shall be owned by the testator.
   • f. The Will shall be enforceable
   • g. The enjoyment of the testate property and the purpose for which it is bequeathed shall be lawful.
   • h. The testate property shall be existent and of a known or measurable amount at the time of death of the testator. Future assets may be bequeathed by a Will if their existence is ascertainable.
   • i. The Will shall not contradict public order or morals.
2. Any party concerned may request the interpretation of, or contest, a Will before the competent court.
3. Where a Will includes a condition that goes against the public order or morals, the same shall be null and void but the Will shall remain valid.

Article (29) Lapse of the Will

A Will shall lapse in any of the following cases:

1. Where the Will is revoked by the testator, provided that this revocation shall be registered on the Register.
2. Where a new Will that contradicts the original Will is registered.
3. Where the testate property is disposed of in a manner that involves transfer of ownership.
4. In the event of death of the beneficiary of the Will during the lifetime of the testator, unless an alternative beneficiary is stated in the Will.
5. In the event of destruction of the testate property, or if it is proven pursuant to a definitive court judgment that the title to the property belongs to another person or where such property is proven to be non-transferable.
6. Where the testator becomes bankrupt during his lifetime, or where the entire testate property is used to satisfy the debts of the Estate.
7. In the event of renunciation of the Will by its beneficiary or his guardian.
8. Where the testator is killed by the beneficiary of the Will; whether that beneficiary has been a principal or accomplice in the murder of the testator, or has caused his death. In any such case, the beneficiary shall have been convicted pursuant to a definitive court judgment.

Article (30) Multiple Wills

1. In case of multiple Wills, the Will which is registered on the Register shall prevail. Where all Wills are registered, the Will registered first will prevail.
2. Where none of the multiple Wills is registered on the Register, they shall be deemed a single Will. In the event of conflict, the Will determined pursuant to a judgment of the competent court shall be implemented.

Article (31) Acceptance and Renunciation of Wills

1. Upon the death of a testator, the beneficiary of the Will may accept or renounce it in whole or in part within sixty (60) days from the date on which he is notified of the Will. The same shall be subject to the following rules:
   • a. Where the beneficiary is a minor, an unborn child, or a person placed under interdiction, the acceptance or renunciation of the Will shall be effected by the guardian, subject to the approval of the competent court.
   • b. Where the beneficiary is a public or private entity, the acceptance or renunciation of the Will shall be effected by the legal representative of that entity.
2. Where the beneficiary dies before he accepts or renounces the Will, the right to accept or renounce it shall pass to his heirs. In case he leaves no heirs, the Will shall lapse.
3. Where the beneficiary is an unnamed person, no acceptance or renunciation shall be required.

Article (32) Wills Encumbered with Rights and Obligations

Where the testate property is encumbered with any rights or obligations, it shall be transferred to the beneficiary of the Will together with these rights and obligations arising from such property. If the beneficiary refuses to fulfill these rights and obligations, his rights under the Will shall be forfeited.

Article (33) Requirements for the Executor

1. The Executor shall meet the following conditions:
   • a. Be of full legal capacity;
   • b. Not to be convicted of any felony or other crime involving moral turpitude or breach of trust, unless rehabilitated;
   • c. Not have been declared bankrupt or insolvent, unless he has been rehabilitated;
   • d. Declare his acceptance to implement the Will; and
   • e. Not have any interest in the testate property.
2. In the absence of an Executor, the competent court shall appoint an Executor as per the following order:
   • a. The alternative Executor named in the Will;
   • b. Any Executor chosen by the beneficiary or his guardian; or
   • c. Any other Executor determined by the competent court.

Article (34) Duties and Powers of the Executor

Under the supervision of the competent court, an Executor shall have the duties and powers to:

1. Conduct an inventory of the testate property, receive and take possession of that property, collect any rights arising from the same and take any necessary action to preserve it, including entrusting it to a trustworthy person, initiating cases, dealing with government and non-government entities in respect of the implementation of the Will and representing the beneficiary of the Will in claims related to the Will.
2. Pay the beneficiary of the Will his necessary expenses from the testate property once the amount of these expenses is determined by the competent court.
3. Where the Will is encumbered with any rights, inform the creditors and the holders of these rights to submit their claims within ninety (90) days from the date on which the notification is published in two (2) local daily newspapers, one of which is in English.
4. Perform any obligations arising from the Will and make the necessary settlements in this respect, subject to obtaining the written approval of the competent court.
5. Subject to obtaining the approval of the competent court, take the necessary action to manage and invest the testate property, including by way of lease or mortgage of this property, whether by himself or through contracting any investment agents.
6. Appoint lawyers and seek assistance from experts and specialists to exercise his duties and powers and pay their fees and remuneration from the testate property, subject to obtaining the written approval of the competent court of the amount of these fees and remuneration.
7. Subject to obtaining the written approval of the competent court, sell any part of the testate property where the cost of maintaining this part exceeds its value, or where it is prone to damage or destruction.
8. Subject to obtaining the written approval of the competent court, hand over the testate property or any part thereof to the beneficiary.

Article (35) Obligations of the Executor

The Executor shall take the following measures:

1. Manage the testate property in good faith and with the due diligence a prudent person would exercise.
2. Introduce himself as Executor when exercising any of his duties and powers under the Will or under this Law or this Resolution.
3. Regularly keep separate records and books in respect of the implementation of the Will.
4. Not use, or allow any other person to use, the testate property directly or indirectly for his own benefit or gain, unless he is so authorized by the testator or the competent court.
5. Not disclose to third parties any information or data in relation to the accounts of the Will, unless otherwise stipulated by the legislation in force.
6. Meet any other obligations stated in the Will implementation order or required due to the nature of disposition.

Article (36) Procedures for Will Implementation

A Will shall be implemented pursuant to:

1. By virtue of an order issued by the competent court, where the Will is registered on the Register
2. By virtue of a judgment issued by the competent court based on a written application by the beneficiary of the Will or his guardian in accordance with the procedures for instituting cases, where the Will is not registered on the Register.

Article (37) Accounts of the Will

An Executor shall, within the timeframe prescribed by the competent court for this purpose, submit to the competent court a report on his activities. This report shall contain a detailed statement of the accounts and expenditure in relation to the Will.

Article (38) Transfer of Ownership of the Testate Property

The ownership of testate property shall be transferred to the beneficiary of the Will pursuant to an order or a judgment issued by the competent court, taking the following measures into account:

1. The beneficiary shall be of full capacity and shall not be under interdiction for prodigality or imbecility, except where the beneficiary is a minor, or a person placed under interdiction, who has a guardian, custodian or trustee.
2. The Executor shall submit to the competent court the final accounts of the testate property.

Article (39) Removal of the Executor

Any party concerned may request the competent court to remove the Executor in the event that he violates his obligations, loses one of his conditions stipulated in this Resolution, violates his activities, breaches the terms and conditions of the Will or violates the provisions of the legislation in force in the State requires him to do.

Article (40) Procedures for the Executor Removal

1. The case for removal of the Executor shall be registered in accordance with the usual procedures for registering cases.
2. The Case Management Office shall notify the Executor of the application so that the latter can respond thereto within an appropriate period determined by the judge supervising the case management.
3. The competent court or the supervising judge may, as the case may be, and each within its respective competence, issue urgent orders or take the necessary measures to preserve the testate property and prevent the disposition thereof.
4. In the event that the Executor is removed, the competent court shall appoint another Executor based on the request of the testator, the agreement of the heirs, or according to its discretion for the sake of preserving the testate property.
5. If it is proven during the procedures for removing the Executor that there is a suspicion that he has committed a crime involving breach of trust, the Public Prosecution shall be notified to take whatever action it deems appropriate.

Article (41) Remuneration of the Executor

1. Where the remuneration of the Executor is not determined in the Will, the competent court shall determine it based on a written application submitted by the Executor.
2. The remuneration of the Executor shall be a preferential debt and shall rank second in priority to judicial fees in the event of enforcement against the testate property.

Article (42) Application of the Rules of Fairness and Justice

The competent court shall apply the principles of justice and fairness to take a decision on any matter submitted thereto during the hearing of the case.

Article (43) Conflict of Interest

An Executor or any of his subordinates may not sell or purchase the testate property for his own account or for the account of third parties. Moreover, none of them, their spouse or any of their ascendants or descendants may have a direct or indirect interest in any project or agreement relating to the testate property, unless he is so authorized by the testator or the competent court.

Article (44) Matters not Specifically Stipulated

Unless there is a special provision in this Resolution and in a way that does not conflict with the provisions of the Decree Law and this Resolution, the relevant legislation and resolutions regulating personal status matters in the State shall apply.

Article (45) Repeals

Any provision in any other legislation shall be repealed to the extent that it conflicts with or goes against the provisions of this Resolution.

Article (46) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.