UAE’s New Personal Status Law: Key Changes and Legal Implications

The UAE’s new Personal Status Law, issued in October 2024 and set to take effect on April 15, 2025, introduces significant changes to family law, particularly impacting custody rights, financial obligations, marriage, and travel permissions. The law reflects the UAE’s commitment to modernizing its legal framework while ensuring fairness and inclusivity, especially for expatriates and non-Muslim residents. These reforms provide clearer guidelines for family-related matters and strengthen legal protections for all parties involved.

Extended Custody Rights and Child Welfare:

One of the major changes is the extension of custody rights until a child turns 18, ensuring stability in their upbringing. Additionally, children aged 15 and above now have the right to choose which parent they wish to live with. This marks a significant shift in family law, prioritizing the welfare and autonomy of minors. Furthermore, custodial mothers retain the authority to make educational decisions, ensuring continuity in schooling and child-rearing responsibilities.

Financial Rights for Women and Non-Muslim Mothers:

Financial rights have also been enhanced under the new law. Wives can now claim backdated maintenance for up to six months and request increases in alimony, providing greater financial security. Non-Muslim mothers, who were previously subject to stricter custody regulations, can now retain custody beyond the age of five, subject to court approval. This reform ensures that non-Muslim families receive greater legal protection in custody disputes.

Marriage Rights and Legal Protections:

Marriage regulations have also been updated, reinforcing individual autonomy. Women now have the right to marry a partner of their choice, even if their guardian refuses consent. The minimum legal age for marriage is set at 18 years, and in cases where a guardian refuses approval, individuals can appeal to the court. Additionally, engagement gifts valued at AED 25,000 or more can now be reclaimed if the engagement is called off, preventing financial disputes over expensive gifts.

Parental Travel Rights and Legal Restrictions:

Travel rights have been modified to reduce legal conflicts between parents. Both parents are now allowed to travel with their children for up to 60 days per year without requiring permission from the other parent. This change balances parental rights while ensuring child welfare and ease of travel for families.

Penalties for Misuse of Legal Documents:

Stricter penalties have been introduced to prevent the misuse of children’s identification documents. Unauthorized travel or document misuse can result in severe fines and imprisonment, ensuring that children’s rights and security are upheld.

The law also introduces provisions regarding marital homes, requiring both spouses to mutually agree on any additional residents living in their home. Additionally, family support has been expanded to include non-cash contributions, making financial obligations more flexible and inclusive.

Wider Legal and Social Implications:

The wider implications of these reforms reflect the UAE’s commitment to aligning family law with global best practices. By modernizing custody laws, financial rights, and marriage regulations, the UAE continues to create a balanced and transparent legal system that benefits both nationals and expatriates. The new law provides greater legal clarity, particularly for non-Muslim residents, ensuring that family-related disputes are handled fairly and efficiently.

Conclusion:

These changes signal a progressive shift in UAE law, reinforcing legal protections, gender equality, and children’s rights while aligning with international legal principles. By extending custody rights, empowering women to marry freely, and strengthening financial protections, the UAE is fostering a more equitable and transparent family law system. With clearer regulations and stronger enforcement mechanisms, families can expect a more structured and fair legal process. For expatriates and residents, understanding these changes is crucial to ensuring compliance and protecting their legal rights.