Updated UAE Personal Status Law (2015)

The updated personal status law in the UAE places all under one roof, with options.

The United Arab Emirates has once again demonstrated its commitment to legal modernization with the enactment of Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status[i], which came into force on 15 April 2025. This law introduces a comprehensive and harmonized framework for the regulation of personal status matters affecting Muslims and non-Muslim individuals across all Emirates. It refines previous legislative initiatives, namely Federal Decree Law No. 41 of 2022[ii], and reflects lessons learned from the local-level implementation of Abu Dhabi Law No. 14 of 2021[iii].

This legislative evolution reflects a growing recognition of the needs of the UAE’s diverse, predominantly expatriate population, and marks a clear transition toward a system that provides certainty, inclusivity, and procedural clarity in family matters. The following analysis highlights the substantive changes introduced under the 2024 law and places them in the broader context of the UAE’s legal transformation over the past four years.

The provisions of this Federal Decree Law 41 of 2024 shall apply to all events occurring after it comes into effect, and shall also apply retroactively to divorce certificates, divorce cases, and cases related to the establishment or denial of parentage that have not been finally adjudicated.

From Local Innovation to Federal Uniformity

The trajectory of reform began in 2021 with the issuance of Law No. 14 of 2021 by the Emirate of Abu Dhabi, which created the first dedicated civil personal status framework for non-Muslims in the UAE. That law applied exclusively within Abu Dhabi’s jurisdiction and was tailored to accommodate the emirate’s significant expatriate community. It introduced core civil law concepts into the personal status domain, including civil marriage without the need for religious formalities, gender-neutral child custody arrangements, and a streamlined divorce process grounded in mutual consent rather than fault.

In 2022, the federal government sought to build upon Abu Dhabi’s success by introducing Federal Decree Law No. 41 of 2022, thereby extending the civil law model to non-Muslims residing across the UAE. While this earlier federal law was a significant step in the right direction, its implementation revealed practical limitations and ambiguities. Variations in local interpretation and court readiness created inconsistencies in the application of its provisions. Moreover, procedural aspects, such as language of proceedings and the availability of supporting institutions, required further development to achieve full functionality across Emirates.

These challenges have now been addressed in the form of Federal Decree Law No. 41 of 2024, which builds on Federal Law No. 21 of 2022 and provides an enhanced legal framework, building on the principles established in both its local and federal predecessors. It solidifies the UAE’s position as a jurisdiction that not only accommodates international norms but actively fosters a legal environment responsive to the practical realities of its multinational residents.

While Law No. 41 of 2024 expressly repeals Federal Law No. 28 of 2005 concerning Personal Status Law, it is silent with respect to the treatment of Federal Law No. 21 of 2022. This should be clarified with the issuance of the executive regulations, which are not yet available.

Marriage and Divorce Under the 2024 Law

One of the most consequential changes under the 2024 law is the consolidation of civil marriage procedures for non-Muslims at the federal level. Individuals may now enter into marriage without the requirement of a religious ceremony or the involvement of a guardian. The sole conditions are that both parties be non-Muslim, over the age of 18, and freely consenting. This marks a significant departure from prior rules grounded in religious law and has the effect of formalizing civil union practices long familiar to foreign residents.

Such new regulation is grounded on the essential elements for the conclusion of a marriage contract which are offer and acceptance and a Wali (guardian) if the wife is muslim – unless her nationality does not require guardian for marriage.

Divorce under the new framework is similarly streamlined. The law introduces a unilateral, no-fault divorce mechanism, whereby either spouse may initiate proceedings without the need to demonstrate harm, misconduct, or the failure of marital obligations. The process is initiated by a petition and results in a swift judicial dissolution of the marriage. Ancillary matters such as child custody, financial support, and property division are handled in subsequent proceedings, which take into account a variety of equitable factors.

Parental Responsibility and Custody Arrangements

The 2024 law introduces a default presumption of joint custody, reflecting the principle that both parents should remain actively involved in the upbringing of their children following separation. Rather than assigning custodianship to one parent and guardianship to the other—a distinction rooted in traditional legal doctrine—the new law envisions shared parental responsibility in decision-making related to health, education, residence, and general welfare.

Children aged fifteen or older may express a preference as to which parent they wish to live with, though the final determination remains subject to judicial discretion and the best interests of the child. Importantly, the law allows for the appointment of family specialists and social workers by the court in cases involving contested custody, thereby introducing professional guidance into what are often emotionally charged proceedings.

Financial Provisions and Property Considerations

The law further provides a framework for spousal maintenance and the equitable distribution of property following divorce. Rather than applying a fixed formula or relying solely on the concept of financial obligation as established under religious law, the court is instructed to assess the parties’ respective incomes, the duration of the marriage, the standard of living enjoyed during the union, and the contributions—both financial and non-financial—made by each party to the family unit.

This inclusive view of marital contributions recognizes not only income but also domestic roles and child-rearing responsibilities. The court is thus empowered to award financial support to the less economically advantaged spouse and to allocate assets in a manner that reflects the realities of the partnership.

Agreements, Foreign Law, and Enforcement under the Updated Personal Status Law in the UAE

Federal Decree Law No. 41 of 2024 expressly allows for the use and enforcement of pre-nuptial and post-nuptial agreements, provided they are in writing, notarized, and not contrary to public order. Such agreements may govern matters such as asset division and spousal support, although provisions concerning child custody remain subject to overriding judicial review to protect the best interests of the child.

The law also permits parties to elect the law of their nationality to govern their marital arrangements, offering additional flexibility for expatriates who wish to retain legal consistency with their country of origin. At the same time, any application of foreign law must not conflict with the fundamental principles of UAE public policy.

Legal Language, Accessibility, and Practical Implications

A noteworthy aspect of the legislative evolution is the increasing accessibility of UAE courts to foreign nationals. While proceedings under the 2024 law are generally conducted in Arabic, courts such as those in Abu Dhabi continue to offer bilingual services, and parties may submit documents in English subject to official translation. The ability to litigate personal status matters in a familiar language contributes significantly to procedural fairness and access to justice.

The implementation of the 2024 law also reflects the government’s intention to unify procedural standards across Emirates. This eliminates the previous tendency of “forum shopping,” where parties might initiate proceedings in one Emirate over another to take advantage of more favorable practices. The result is a more predictable and coherent legal environment that inspires greater confidence among expatriate families.

Conclusion to Updated UAE Personal Status Law (2025)

Federal Decree Law No. 41 of 2024 represents a culmination of the UAE’s strategic efforts to build a personal status law system that meets the expectations of its non-Muslim residents. It takes the pioneering steps of Abu Dhabi Law No. 14 of 2021, builds upon the federal expansion under Law No. 41 of 2022, and introduces greater procedural and substantive clarity.

For expatriates, the law ensures that family matters may be resolved within a system that is both culturally neutral and legally sound, offering protection for spouses, children, and property in a manner consistent with international best practices. It reflects a maturing legal framework that is fully aware of the diversity of its population and is willing to evolve to meet their needs.

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*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to wills for muslims in UAE.

References

[i] Federal Decree-Law No. 41 of 2024 on Personal Status for Non-Muslims (UAE), available at: https://uaelegislation.gov.ae/en/legislations/2770/download (last accessed 17 April 2025)

[ii] Federal Decree-Law No. 41 of 2022 on Civil Personal Status (UAE), available at: https://elaws.moj.gov.ae/UAE-MOJ_LC-En/00_PERSONAL%20STATUS/UAE-LC-EN_2022-10-03_00041_Markait.html (last accessed 17 April 2025)

[iii] Abu Dhabi Law No. 14 of 2021 on Civil Marriage and Its Effects, as amended by Regulation No. 8 of 2022, available at:

https://www.adjd.gov.ae/AR/Documents/non-muslims/Abu%20Dhabi%20Law%20No.%2014%20of%202021%20%28as%20amended%29%20and%20Regulation%208%20of%202022.pdf(last accessed 17 April 2025)