UAE New Personal Status Law – Introduction

Federal Law No. 41 of 2024 on Personal Status is a new, comprehensive legislation that will govern family-related matters in the UAE. It is set to come into force on April, 2025 and will apply to UAE nationals as well as expatriates living in the UAE. The law is aimed at modernizing the legal framework for marriage, divorce, inheritance, child custody, and other family matters, with an emphasis on ensuring fairness, transparency, and protection of individual rights.

The law introduces significant changes, offering a modern, progressive approach to family law that aligns with both Islamic principles and global legal standards, reflecting the evolving nature of family dynamics in the UAE. It provides a clear framework for individuals, especially expatriates, who have complex personal status situations due to their international backgrounds.

Key Features of the UAE New Personal Status Law

Application to UAE Nationals and Expatriates

Federal Law No. 41 of 2024 applies to all individuals in the UAE, including expatriates, who can opt for their home country’s personal lawsin matters such as marriage, divorce, and inheritance, provided these laws are consistent with UAE public order. This provision ensures that expatriates retain some flexibility in how their family matters are governed while introducing a unified framework for UAE nationals.

Marriage

The law emphasizes that marriage is a civil contract, where both parties must provide free and informed consent. It introduces safeguards against forced marriagesand establishes a minimum legal age for marriage. For Muslim couples, it incorporates traditional elements like the mahr (dowry) but modernizes the contract to ensure fairness. The law also addresses the prohibited relationships between close blood relatives and other considerations like spousal agreements within the marriage contract.

Divorce and Separation under the UAE New Personal Status Law

Divorce can be initiated based on fault(such as abandonment or infidelity) or through mutual agreement, known as a no-fault divorce. The law encourages reconciliation and mandates mediation between the spouses before proceeding to formal divorce proceedings. For both unilateral and mutual divorce, the law lays out specific guidelines on division of property, alimony, and child custody. One of the key aspects of the divorce process is the best interest of the children, with provisions to ensure that children maintain relationships with both parents wherever possible.

Child Custody and Support

The law establishes clear guidelines for custody, with primary consideration given to the child’s best interest. In most cases, the motherwill be awarded custody of young children, though this may vary depending on the child’s needs and the circumstances of the parents. The law also requires that child support is provided by the non-custodial parent, ensuring that children’s financial needs are met even after separation. Visitation rights for the non-custodial parent are clearly defined to ensure that both parents are involved in the child’s upbringing.

Spousal Support (Alimony)

The law introduces provisions for alimony following divorce, ensuring that the financially weaker spouse is supported after separation. It provides for a fair calculation of the amount and duration of alimony payments, considering factors such as the duration of the marriage and the financial circumstances of both parties.

Inheritance and Wills

The law introduces Islamic principles of inheritance, ensuring that the rightful heirs (such as children, parents, and spouses) receive their due share of the deceased’s estate. It also allows for foreign willsto be recognized, ensuring that expatriates who have written wills in their home countries can have their wishes respected in the UAE. The law aims to provide clarity and certainty in the area of inheritance, reducing potential disputes.

Special Provisions for Domestic Abuse

The law includes protections against domestic abuse, outlining measures to support victims of spousal abuseor child abuse. It mandates that any allegations of abuse must be thoroughly investigated, and provides for measures like protection orders to ensure the safety of victims.

Dispute Resolution in the UAE New Personal Status Law

As part of the legal process, the law places emphasis on mediationand conciliation before cases are taken to the courts. Courts will have a specialized family law division to handle disputes relating to marriage, divorce, child custody, and inheritance. This specialized division is tasked with ensuring that family law matters are resolved with sensitivity and in the best interests of all parties, especially children. The courts are empowered to make binding decisions and ensure compliance with the court orders on issues such as custody and support.

Description of the Chapters of the New UAE Personal Status Law

The law is organized into several chapters, each of which addresses a specific legal aspect of the family:

Chapter 1: General Provisions
This chapter defines the scope and application of the law, explaining the rights and duties of individuals under this law. It includes:
• Application: The law applies mainly to non-Muslim residents in the UAE, although others may choose to apply their own laws.
• Principles: It ensures equality between the spouses and gives priority to mutual consent in family matters.
• Jurisdiction: It specifies the courts competent to deal with disputes under this law.

Chapter 2: Engagement
Engagement is considered a preliminary agreement to marriage but does not impose a legal obligation to proceed with marriage. This chapter addresses:
• The non-binding nature of engagements.
• The conditions under which the engagement may be dissolved.
• Any financial implications or claims related to the engagement period.

Chapter 3: Marriage
This chapter defines the conditions and procedures for legally recognized marriage. The main points include:
Consent: Both parties must give explicit consent to the marriage.
Minimum Age: The legal age for marriage is set at 18 years. Financial Rights and Property: Couples can retain their separate financial property unless agreed otherwise.
Premarital Agreements: Couples may establish agreements that regulate financial matters, property division, and other conditions as long as they do not conflict with Islamic law.
Marriage Registration: To ensure legal recognition and documentation of the marriage.
Mutual Respect and Partnership between the spouses.
Financial Independence for both spouses.
Marital Agreements that regulate financial and personal obligations.

Chapter 4: Termination of Marriage (Divorce and Annulment)
This chapter clearly defines the divorce procedures, focusing on justice and reducing disputes. The main points include:
Divorce: Definition, types of divorce, and documentation of divorce and annulment claims.
Simplified Divorce Procedures, starting with mediation and appointing arbitrators before judicial intervention.
Financial Settlements, including property division and post-divorce support.
Child Custody and Alimony, with priority given to the child’s welfare.

Chapter 5: Iddah for the Divorced Woman
Initially, the definition of Iddah is an Islamic term referring to the period during which a woman cannot remarry after the separation from her husband.
How to calculate this period and when the Iddah is obligatory, and the conditions under which its duration differs, such as if the divorced woman was pregnant or her husband was deceased, or other conditions that govern the Iddah for the woman.

Chapter 6: Lineage This chapter explains the methods of proving lineage for the parents from the birth of the child.

Conditions for proving lineage, whether through acknowledgment or medical testing via the judiciary.
It also restricts cases of lineage denial to ensure that the newborn child enjoys a recognized lineage.

Chapter 7: Alimony The law begins by defining maintenance, who is obligated to provide it, and how it should be estimated and paid.
The law distinguishes between types of maintenance, considering continuous marital Alimony as a preferred debt over other debts, ensuring a dignified living for the wife and children.
The law also differentiates between maintenance in cases of marriage and in different divorce cases, whether the divorce is revocable or irrevocable.

• Children’s Alimony.
Out of mercy and recognition of parental gratitude, the law requires wealthy sons or daughters to provide maintenance for their parents who do not have an income source.

Chapter 8: Custody
The law confirmed that custody is a right of the child, not of the parents, in consideration of the child’s welfare.
• It also defines the conditions for the custodian and the age of custody, specifying the age of the custodian as 18 years if the child is healthy and of sound mind and body.
• The father is obligated to pay custody fees in case of separation from his wife.
• The law also sets regulations for the travel of the child with the custodian, ensuring the right of the other party to see the child.

Chapter 9: Guardianship and Educational Custody
The law has set strict rules for the welfare of minors or those who are incapable of full legal capacity. The law defines the conditions for guardianship and custody that benefit children, minors, and those lacking or having partial legal capacity.

Chapter 10: The Absent and Missing
This chapter explains the difference between an absent person and a missing person.
• It also establishes rules for managing their wealth until they return, protecting their interests and the interests of those dependent on them.
• It specifies when the period of absence ends.

Chapter 11: Will
This chapter defines the will, its essential components, its impediments, and who is entitled to make a will.
• It also discusses the conditions that must be met for the testator and beneficiary, as well as the amount of inheritance to be willed according to Islamic law.

Chapter 12: Inheritance
This chapter defines the estate, the rights of the heirs, conditions of inheritance, and exclusion from inheritance according to Islamic law, ensuring that every rightful heir receives their rightful share.

Chapter 13: Penalties
The law includes penalties that may reach up to 100,000 dirhams for those who violate this law, aimed at protecting the interests of minors, beneficiaries, custodians, and others covered by this law.

Conclusion of the New UAE Personal Status Law

Federal Law No. 41 of 2024 concerning personal status (The New UAE Personal Status Law), which will come into force on April 15, 2025, is a landmark in the development of family law in the UAE. This law provides a modern, fair, and transparent legal framework that reflects Islamic principles and international standards. It addresses essential issues such as marriage, divorce, child custody, inheritance, and spousal support, offering protection to vulnerable family members. This law will have a significant impact on both UAE citizens and expatriates, providing legal security.

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We hope this post provides clarity on upcoming legislation. Should you have any questions about this topic or related matters, please don’t hesitate to reach out. New publications as the law enters into force will shed light on its application. This publication merely addresses the current text of the law as we await its entry into force in April 2025.

For more insights, explore all our publications in English and watch informative videos featuring our Managing Partner, Maria Rubert. A direct link to one of Maria’s videos follows here.

Disclaimer: The content of this post is for informational purposes only and does not constitute legal advice.