New Personal Status law introduced in UAE, here are the details

Gulf Today

15-04-2025

The UAE has issued Federal Decree-Law No (41) of 2024, introducing the new Personal Status Law, which came into effect on Tuesday, April 15, 2025.
The key provisions and amendments in the new law stipulated that each spouse has an independent financial status. It guarantees the wife's freedom to manage her assets, and the husband cannot dispose of them without her consent.
If, according to the law, one spouse contributes to the development of assets, establishment of a residence, or similar matters, he or she must consult the other party or heirs.
For marriage conditions, the law clarifies marriage requirements to ensure the validity of the marriage contract, as follows: The legal marriage age is set at 18 years and the Cabinet may regulate exceptions for marriages below this age. Minors are empowered to handle marriage-related matters without requiring a legal guardian or trustee.
The law also facilitates the transfer of marriage authority to the court, ensuring a woman's right to marry a man of her choice. If her guardian refuses to consent, the court assumes authority to approve the marriage.
As for child custody and rights, the law prioritises the best interests of the child in custody arrangements, preventing post-divorce bargaining over custody rights.
The custody age, according to the new amendments, is raised to 18 years for both males and females, unlike the previous law, which set it at 13 for females and 11 for males.
Children aged 15 and above are granted the right to select which parent to live with. The law revises custody provisions for cases where the custodian is of a different religion than the child, leaving the decision to the court's discretion based on the child's best interests.
This replaces the previous law, which ended non-Muslim mothers' custody at the child's age of five.
The new law imposes penalties, including imprisonment or a fine ranging from Dhs5,000 to Dhs100,000, for misappropriating minors' funds, travelling with a child without permission, embezzling inheritance, or neglecting parental care or financial obligations.
Concerning dowry provisions, the law states that the marriage contract may include an agreement to defer the dowry, in full or in part and if no deferral clause is included and no specific time is set for payment, the dowry must be paid upon request.
The law also states that spouses are required to treat each other with kindness, fostering love and mercy, and avoid causing physical or emotional harm. Neither spouse may withhold marital relations or refuse to have children without the other's consent.
In elaboration, the husband is obligated to provide fair maintenance and treat multiple wives equally in terms of treatment and financial support and the wife is obligated to obey her husband and breastfeed their children unless there is a valid religious reason not to.
These amendments aim to modernise family law, enhance gender equality, and protect the rights of all family members, particularly children.