The UAE introduces new marriage and custody laws starting April 15, 2025.
- Women in the UAE can now marry with greater autonomy, even if guardians object.
- The legal age for marriage is set at 18, with the possibility of court intervention for age gaps over 30 years.
- Custody rights ensure the well-being of children up to the age of 18.
- Penalties are established for violations of the new personal status laws.
The United Arab Emirates will be implementing significant updates to its Federal Personal Status Law effective April 15, 2025, aiming to enhance family stability and protect child welfare. The changes, introduced by Federal Decree Law No. 41 of 2024, bring clarity to marriage, custody, and parental rights issues.
One of the key amendments is the enhanced autonomy for women in choosing their spouse. Women, including non-citizen Muslim women, can marry the man of their choice without the need for a guardian, provided their nationality laws permit it. The legal marriage age is firmly set at 18 years. If a guardian opposes the marriage, the person can appeal to a judge. In cases where the age difference between a couple is over 30 years, court approval is necessary for the marriage to proceed.
The law now defines engagement legally as a promise to marry, which is not a marriage itself. It also addresses the issue of returning engagement gifts; only gifts conditional on marriage and valued over 25,000 AED must be returned if the engagement is broken, unless the gifts have been consumed. If an engagement ends due to factors beyond control like death, nothing is reclaimed.
In terms of living arrangements, the wife retains the right to reside in the marital home, unless otherwise agreed in the marriage contract. The husband may accommodate family members if they are his dependents, but this should not harm the wife’s interests. Furthermore, provisions exist for the wife to have her children from previous marriages live with her, subject to certain conditions, such as agreement from the husband. Polygamous arrangements require separate living spaces for each wife, ensuring fairness.
Child custody rules have evolved to prioritize the child’s welfare, extending custody until the age of 18 for both genders. Children 15 years and older can now choose which parent to reside with. The custodial mother gains educational authority to make decisions in the child’s best interest. Legal rights for individuals over 18 to retain personal documents are protected, although abuse of these rights can lead to legal repercussions.
Finally, the amendments introduce strict penalties for violations, with fines ranging from 5,000 to 100,000 AED for offenses such as misappropriating a minor’s property or unauthorized travel with a ward.
All legal durations are to be calculated using the Gregorian calendar, ensuring clarity and consistency.
The UAE’s updated personal status law reflects a commitment to modernizing family and custody regulations to improve societal welfare.
Source: Hhslawyers
