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Application of New UAE Personal Status Law
Mojisola Enoch March 13, 2025 Blog 0

From the 15th of April 2025, The UAE will implement significant changes introduced under Federal Personal Status Law No. 41 of 2024. These changes’ impact is mainly aimed at strengthening family stability and welfare of children. This post provides a detailed analysis of these changes and their implications for residents of the UAE.

Key Amendments to UAE Marriage Laws

 

     1. Women’s Right to Choose Their Spouse

  • Women now have the right to marry a person of their choice, free from guardian interference.
  • If a legal guardian (such as a father) unjustly prevents a woman from marrying, she may petition the court to officiate her marriage.
  • For non-citizen Muslim women, if their home country’s laws do not require a guardian’s presence for marriage, UAE law will also exempt them from this requirement.

     2. Non-Muslim Mother

Under the old law, in case the mother was a non-Muslim woman, she would not have the right to claim custody over her children over the age of 5.

The new law has amended this rule, granting the court the right to maintain the custody of a minor child with the non-Muslim mother under certain conditions to be decided by the court.

      3. Legal Marriage Age

  • The minimum legal age for marriage is 18 years (Gregorian calendar).
  • If a person under 18 wishes to marry, court approval is required to determine if it is in their best interest.
  • If a guardian refuses to allow the marriage of an individual under 18, the person can appeal to the court.

    4. Engagement is Now Legally Defined

  • Engagement is now formally recognized as a man’s proposal of marriage to a woman, signifying intent but not constituting a valid marriage.

    5. Returning Engagement Gifts

  • If an engagement is canceled, any conditional gifts exceeding AED 25,000 must be returned, if they are still available.
  • If the gift no longer exists, its value at the time of receipt must be refunded, unless it was naturally consumed.
  • No gift refund is required if the engagement ends due to factors beyond one party’s control or due to death.

 New Regulations on Marital Homes

  1. Wife’s Right to Live in the Marital Home
  • The wife has the right to reside in the marital home unless otherwise agreed in the marriage contract.
  1. Husband’s Right to Have Family Members in the Home
  • A husband may have his parents or children from previous marriages live with him, provided he financially supports them.
  • However, this arrangement must not cause harm or undue burden to the wife.
  1. Wife’s Right to Have Her Children Live with Her

The wife may have her own children from a previous marriage live with her if:

  • The children do not have another custodian.
  • The children would suffer emotional or financial harm if separated from their mother.
  • The husband explicitly or implicitly consents.
  1. Shared Ownership or Rental of Marital Home
  • If both spouses jointly own, lease, or contribute to the marital home, neither party can bring in additional residents without the other’s consent.
  1. Polygamous Marriages and Housing Rights
  • A husband may accommodate multiple wives in the same building or home, provided:
    • Each wife has a separate and independent living space.
    • Adequate private entrances, exits, and facilities are provided.
  • If any wife finds the arrangement unreasonable, she may petition the court to impose additional conditions for fairness.

Updated UAE Custody and Parental Rights

  1. Key Changes in Child Custody Laws

  • Employment or leaving the marital home does not violate marital obligations.
  • Child custody decisions are now based on the child’s best interests rather than rigid parental rights.
  • Custody terminates when a child turns 18 years old (Gregorian calendar).
  • Children aged 15 and above can now choose which parent they want to live with.
  • Mothers with custodial rights have the authority to make educational decisions for their children.

  1. Legal Documents and Custodial Rights

  • Any individual aged 18 or older may retain their passport and identification documents unless a court orders otherwise.
  • The custodian of a child must hold the child’s official documents but cannot use them for travel without the guardian’s or court’s permission.
  • If a custodian misuses legal documents, the guardian can request to take control of the documents.
  • The father is responsible for the costs of obtaining and renewing the child’s official documents.

UAE Personal Status Laws Fines

The new law introduces strict fines and penalties, including imprisonment or fines ranging from AED 5,000 to AED 100,000 for violations such as:

  • Misusing financial assets of a minor.
  • Traveling with a child without guardian or court approval.
  • Failing to meet parental responsibilities.

Legal Timeframes Calculated Using the Gregorian Calendar

All legal timeframes and deadlines, unless explicitly stated otherwise, must now be calculated using the Gregorian calendar.

Conclusion

Navigating UAE marriage, divorce, and custody laws requires professional legal guidance. Our expert family lawyers provide assistance with:

  • Marriage registration and legal formalities.
  • Drafting prenuptial and postnuptial agreements.
  • Handling divorce settlements and child custody disputes.
  • Protecting parental rights under UAE law.

For further information on UAE personal status law 2025, you can reach out to us for a free legal consultation. Contact us today.