Beginning April 15, the UAE will enforce a new personal status law. This law brings key updates to marriage, custody, and family matters.
It introduces several first-time provisions and simplifies legal procedures for citizens and residents alike.
According to authorities, the law promotes flexibility, clarity, and standardized legal timelines across the country.
Key Changes Under the New Law
1. Women Can Freely Choose a Spouse
Women may now marry a partner of their choice—even without guardian approval.
For non-citizen Muslim women, guardian consent is not needed unless required by their nationality’s law.
This ensures greater autonomy and personal freedom for women in choosing a life partner.
2. Legal Marriage Age Set at 18
The minimum age for marriage is now 18 years.
If a guardian objects, the individual can appeal directly to a judge.
Notably, those under 18 can manage marriage matters independently, without requiring a guardian or custodian.
3. Court Approval Needed for Large Age Gaps
If the age gap between the couple exceeds 30 years, marriage requires court permission.
This measure protects vulnerable individuals from unequal or pressured unions.
4. Clear Definition of Engagement
Engagement is now legally defined as a promise or request to marry.
It is not recognized as a marriage and carries no legal obligations.
5. Rules for Returning Engagement Gifts
Gifts may be returned only if they were given on the condition of marriage.
If a gift exceeds Dh25,000 and is not consumable, it can be reclaimed by value or in kind.
Marital Home and Living Arrangements
6. Right to a Suitable Marital Home
A wife has the right to live with her husband in a suitable marital home.
This can be modified only if agreed in the marriage contract.
7. Conditions for Living with Family Members
A husband may reside with his parents or children from another marriage—if he supports them and it causes no harm.
Similarly, a wife may live with her children from another marriage under certain conditions.
These include the absence of a guardian, risk of harm from separation, or the husband’s agreement.
If harmed, the husband can object and revoke consent.
8. Consent Required for Shared Residences
If both spouses co-own or lease the home, neither may invite others without the other’s consent.
This ensures mutual respect in shared living spaces.
Child Custody and Parental Rights
9. Custody Laws Now Focus on the Child’s Best Interest
Custody ends at 18 years of age for both boys and girls.
This change removes previous inconsistencies in the law.
Children aged 15 or above may choose which parent to live with.
The custodial mother will decide educational matters, focusing on the child’s welfare.
10. Rules on Handling Legal Documents
Custodians can hold passports and IDs but cannot misuse them.
They cannot use these documents for travel or against guardianship terms.
If misused, courts can return custody of documents to the guardian.
Fathers must pay for document issuance and renewal.
