The United Arab Emirates is set to introduce significant reforms to its federal personal status law, which will take effect on April 15, 2025. These changes aim to modernize family laws, streamline legal procedures, and prioritize child welfare. The new legislation includes key provisions regarding marriage consent, custody age limits, and divorce procedures.
Key Provisions of the New Law
Right to Choose a Spouse
Under the new law, women have the right to marry their chosen partners without requiring guardian approval. This provision applies even if a guardian refuses consent. For non-citizen Muslim women, the law specifies that marriage does not require guardian consent if their nationality’s laws do not mandate it.
Legal Marriage Age
The legal age for marriage in the UAE is set at 18 years. Individuals over this age who face refusal from their guardians can appeal to a judge for permission to marry. This change empowers young adults to make independent decisions regarding their marital status.
Age Difference Regulations
If the age difference between prospective spouses exceeds 30 years, court permission is required for the marriage to proceed. This regulation aims to prevent potential exploitation and ensure informed consent.
Engagement and Gifts
The law redefines engagement as a formal request for marriage accompanied by a promise, but it does not constitute a legally binding contract. Gifts exchanged during engagement can only be returned if they were given with the condition of marriage being finalized. Valuable gifts exceeding Dh25,000 can be reclaimed based on their value at the time of receipt.
Marital Home Guidelines
The new law stipulates that wives must reside with their husbands in a suitable marital home unless otherwise stated in the marriage contract. Both spouses must consent before allowing any additional occupants in their shared home.
Custody and Parental Rights Reforms
The updated legislation emphasizes the welfare of children in custody arrangements. The age for terminating custody has been raised to 18 years for both genders. Children aged 15 and older can now choose which parent they wish to live with, ensuring their preferences are considered in custody decisions.
Additionally, custodial mothers retain educational authority over their children, aligning decisions with the best interests of the child. The law also clarifies that leaving home or going to work does not violate marital obligations.
Penalties for Violations
The new law introduces strict penalties for various offenses, including misappropriating minors’ property and neglecting parental responsibilities. Fines range from Dh5,000 to Dh100,000, with potential imprisonment for serious violations.
Conclusion
The upcoming changes to the UAE’s personal status law reflect a commitment to modernizing family regulations and enhancing individual rights. As these reforms take effect on April 15, 2025, they are expected to impact thousands of families across the country by promoting greater autonomy in marriage and prioritizing child welfare in custody arrangements.
