UAE Introduces Landmark Changes in Personal Status Law for Expats and Emiratis

Shahba Mayyeri -

The UAE is set to introduce major reforms with the new Personal Status Law, aimed at modernizing the country’s marriage, divorce, and custody regulations while respecting its cultural values.

Effective from April 15, this comprehensive legislation applies to both Emiratis and Muslim expatriates living in the UAE, although non-Muslims are exempt unless they opt to apply it.

Key Aspects of the New Law:

  • Penalties for Violations: Offenses under the law can attract fines ranging from Dh5,000 to Dh100,000, designed to protect the rights of all involved parties.
  • Women’s Empowerment:
    • Non-Emirati Muslim women can now marry without a guardian’s consent, as long as it aligns with the laws of their home country. Previously, guardian approval was mandatory.
    • The law ensures financial independence for women, safeguarding their rights.
  • Marital Property and Rights:
    • In shared housing situations, neither spouse may have another person live with them without the consent of the other.
    • If a woman is marrying for the first time and her partner is 30 years her senior, a court permit is now required to confirm her agreement to the marriage.
  • Divorce and Custody:
    • Husbands must document a divorce within 15 days; otherwise, wives can file for compensation.
    • Either spouse may request a divorce if the other is found to be addicted to drugs.
    • Previously mandatory, referring cases to the Family Guidance Centre is now optional, streamlining the litigation process.
  • Child Custody and Rights:
    • The age for child custody has been raised to 18 for both boys and girls, with children aged 15 and above granted the right to choose which parent they wish to live with.
    • Parents with custodial rights can travel with their children for up to 60 days per year.
  • DNA Testing and Inheritance:
    • DNA tests will now be used to establish lineage.
    • Fraudulent seizure or mishandling of inheritance is punishable under the law.
    • The law also criminalizes the abuse or neglect of parents.
  • Flexibility for Unregulated Issues:
    • For matters not covered by the law, judges have the discretion to apply the most suitable form of jurisprudence.

This new Personal Status Law is seen as a significant step forward for the UAE, offering a more modern and flexible approach to family and personal matters while ensuring the protection of all parties' rights. The reforms reflect the country’s growing diversity and aim to create a fairer, more transparent legal framework.

News Source: Khaleej Times