Major reforms have been introduced in the UAE as part of its new Personal Status Law for marriage, divorce, and custody matters. These changes aim to modernize family-related laws while keeping in place the core values, culture, and traditions in the country. The personal law would be applicable to both UAE citizens (Emiratis) and Muslim expatriates living in the UAE. Non-Muslim residents have the option to either adhere to the UAE law or follow the laws of their own country.
The new UAE Personal Status Law will come into effect from April 15, 2025. The new law has introduced very important changes intended to simplify legal procedures and protect the rights of all individuals.
Who Does the New Law Apply To?
The provisions of new Law shall apply to:
- UAE nationals if the parties to the relationship or one of them is a Muslim.
- Non-Muslim citizens of the UAE, unless they have special provisions for their sect, or they agree to apply another law permitted by the legislation in force in the UAE.
- Non-citizens unless one of them insists on the application of their law or any other law agreed to be applied as permitted by the legislation in force in the UAE.
Key Changes in UAE’s Marriage Laws
1. Marriage Without Guardian’s Approval
As per the new law, non-Emirati Muslim women are able to marry without their guardian’s approval or consent if the law in their home country allows for it. In the UAE, formerly, the approval of a guardian was required for all Muslim women.
2. Age Difference in Marriage
A court’s approval must be sought if a woman is marrying for the first time. This applies when her groom is 30 years older. The purpose of this law is to ensure that she gives consent willingly. It also aims to prevent forced marriages.
3. Financial Independence for Women
The new law secures a woman’s financial independence. Assets or earnings are entirely owned by the woman, and the husband cannot have any claim over them.
4. Rights to Shared Dwelling
Where the spouses have a joint interest in the property or habitation, neither spouse is allowed to admit any third party into the home. Such admission requires the approval of the other spouse.
Key Changes in UAE’s Divorce Laws
• Faster Divorce Proceedings:
Previously it was compulsory to refer a divorce case to the Family Guidance Centre before it could reach the court, thereby delaying the conduct of the divorce. The new law now makes this step optional, permitting couples to seek speedier resolutions.
• Mandatory Divorce Documentation:
The husband has to document the divorce within 15 days. If he fails to do so, the wife shall be entitled to compensation equivalent to alimony from the date of the divorce to the date of its documentation.
Divorce Due to Addiction to Drugs, Psychoactive Substances, or Alcohol:
Either spouse has the right to request a divorce on the grounds of harm if the other spouse is addicted to drugs, psychoactive substances, or alcohol.
Child Custody and Parental Rights
· Child Custody Age Standardized
The age of custody has been standardized for boys and girls at 18 years. It means both males and females remain under the custody of their parents until the age of 18 unless the court deems otherwise in the child’s best interests.
· Child’s Right to Choose Custody
Children aged or over 15 now have the right to determine with which parent they will reside. This enables children to express their wishes in custody disputes.
· Custodial Parents
Parents with custodial rights can now travel with their children up to 60 days each year without having to obtain the consent of the other parent. This rule makes travel arrangements easier for single parents.
Legal Protection and New Penalties
· DNA Testing for Lineage
It is now legal to conduct DNA tests as means of proving lineage in case there is a dispute over the parentage.
· Protection Against Inheritance Fraud
Any attempt to fraudulently seize, hide, or squander inheritance is now a violation of the law in the UAE.
· Penalties for Parental Abuse and Neglect
Under the new law a person who mistreats, neglects or refuses to look after his old parents, is punishable with imprisonment or a fine which may be between AED 5,000 and 100,000.
How These Changes Benefit Residents
The new UAE Personal Status Law simplifies divorce, marriage, and custody procedures. It significantly reduces delays in legal processes, offers aims at ensuring financial independence for women and maximizes children’s welfare concerning custody cases. The tougher penalties protect family members from fraud, abuse, and neglect.
How Dubai Court Marriage Can Assist You
The marriage and family laws in the UAE can be quite intricate especially for expatriates. Dubai Court Marriage offers professional services in marriage registration, legalization of documents and court approvals based on the new UAE Personal Status Law. If you require assistance with civil marriage, Sharia marriage or marriage contract legalization, our team guarantees a smooth and quick process.
Get in touch with Dubai Court Marriage today for professional legal services in all matters relating to marriage and family law in the UAE.
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