The United Arab Emirates will start implementing significant changes to its Federal Personal Status Law from April 15, 2025. The new law introduces new provisions and clarifies a number of points related to marriage, custody, and parent rights. These changes are introduced by Federal Decree Law No. 41 of 2024 with the purpose of enhancing family stability and safeguarding child welfare.
The significant amendments are summarized below:
Marriage-Related Changes
Right to Choose a Spouse
In the UAE, women can marry the man of their own choice, even though the guardian may object. However, now the requirement of guardian is not required for non-citizen Muslim women, if the law of her nationality does not require her to have a guardian in marriage.
Marriage Age
The new law states that the legal marriage age is 18 years. If someone over 18 years wishes to marry and is being refused by a guardian, that person can appeal to the judge.
Age Difference in Marriage
If the age gap between the bride and the groom is more than 30 years, the marriage shall not be concluded without the permission of the court.
Legal Definition of Engagement
Engagement is now legally defined as a man’s request to marry a woman who is permissible to him and promises it, and the engagement is not considered marriage.
Returning Engagement Gifts
If either party cancels the engagement, then only gifts made conditional upon the completion of the marriage and gifts that are valuable over twenty-five thousand dirhams (25,000 AED) must be returned, as long as they are still in existence. If the gifts no longer exist, their value at the time of receipt is to be refunded unless the gift was a naturally consumable one.
If the engagement were to be terminated by death or any cause beyond the control of either party, nothing will be obtained back from either party.
Marital Home Regulations
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Wife’s Right to Live in the Marital Home
The wife must live with her husband in their marital home, unless she has specifically stated otherwise in the marriage contract.
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Husband’s Right to Have Family Members in the Home
- The husband can have his parents and other children live with him in the marital home if he is responsible for them.
- However, this is only allowed if it does not cause harm to his wife.
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Wife’s Right to Have Her Children in the Home
- The wife can have her own children (from a previous marriage or other dependents) live with her in the marital home if:
- They do not have another guardian.
- They would suffer from separation from her.
- The husband agrees to it, either expressly or implicitly.
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Shared Ownership or Rental of the Marital Home
- If the husband and wife jointly own, rent, or provide the marital home, neither of them can bring other people to live with them without the consent of the other spouse.
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Polygamous Marriages and Living Arrangements
- If a husband has multiple wives, he can have them live in the same building.
- However, each wife must have separate and private living spaces, including:
- Private entrances and exits.
- Separate health and service facilities.
- If a wife feels that her living conditions are unfair, she can request the court to impose additional conditions to protect her rights.
Find more details about – How to Get Civil Marriage in Abu Dhabi Judicial Court
Custody and Parental Rights
New Custody Rules
- The new law guarantees that a spouse formally leaving home or going to his/her work shall not be held in violation of marital obligations.
- Custody laws act for the well-being of the child and seek to eliminate conflicts over custody rights between the parents in divorce proceedings.
- Custody has been raised to the age of 18 for both males and females.
- Children at the age of 15 and above may choose which parent to live with.
- The custodial mother has been granted educational authority to make decisions about the child, thereby assuring the decisions are in the child’s best interest.
Legal Document Rights
- Any person who has attained eighteen (18) years of age without being intercepted by any of the symptoms of eligibility, male or female, may retain their passport and any other identification documents related to them, unless the court decides otherwise.
- The legal documents are kept by the custodian; however, the custodian cannot use them for travel without the guardian’s permission or that of the court.
- In the event that a custodian abuses legal documents or acts contrary to the best interests of the ward, the guardian may apply for custody of the documents. They can only be given back to the custodian with the approval of the court.
- The father is to bear the expenses of acquiring and replacing the child’s legal documents.
Penalties for Violations
Under the new amendment to the law, penalties for various offenses have been made rather severe. Punishments may include imprisonment or a fine ranging from Dh5,000 to Dh100,000, and they include:
- Misappropriation of the property of a minor.
- Traveling away with a ward without consent.
- Neglecting the responsibilities of the parents .
Gregorian Calendar Usage
The law provides that all legal durations shall be computed through the Gregorian calendar, unless an exception is explicitly made.
You may want to know: UAE Introduces Dh100,000 Fines for Unauthorized Travel with Minors
How HHS Lawyers in Dubai assist you
Our marriage lawyers at HHS Lawyers may assist you with:
- Registration of marriage and contracts drafting.
- Provide legal advice on Divorce and financial settlement related matters
- Assist with Child custody disputes and joint parenting agreements.
- Representation for both Muslim and non-Muslim clients.
Need legal assistance? Talk to HHS Dubai Lawyers today for specialized legal advice on your marriage, divorce, or custody case in the UAE.
