UAE updates marriage, custody, and divorce laws in landmark legal reform

(Web Desk): The United Arab Emirates (UAE) will begin implementing changes to its Federal Personal Status Law from April 15 (today).

According to a copy of the new law obtained by Khaleej Times, for the first time, provisions have been introduced to regulate various personal matters.

According to the UAE government, the new law emphasizes flexibility, simplification of procedures, and unification of legal concepts and timeframes. As reported by Khaleej Times in January, the updated federal law includes regulations concerning marriage consent, the age limit for custody, and the procedures for divorce.

Right to Choose a Spouse

Under the new law, women have the right to marry a partner of their choice, even if their guardian disapproves. For non-citizen Muslim women, the law clarifies that if their home country's legislation does not require a guardian’s consent for marriage, then such consent is not needed in the UAE either.

Legal Age for Marriage

The decree states that the legal age for marriage is 18. If a person over 18 wishes to marry but faces refusal from their guardian, they have the right to appeal to a judge.

The law also empowers couples who have not reached an age where they can independently manage their marriage-related affairs without a guardian or custodian.

Age Gap Between Spouses

If the age difference between the woman and the man seeking to marry her exceeds 30 years, the marriage can only proceed with court approval.

Legal Definition of Engagement

An engagement is defined as a man’s proposal to marry a woman who is legally permissible for him, along with a promise of marriage. However, engagement is not considered equivalent to marriage.

It is viewed as a proposal and a commitment to marry but is not legally binding as a marriage.

Return of Gifts if Engagement is Cancelled

Gifts can only be returned if they were given on the condition that the marriage would take place. Expensive gifts valued at over AED 25,000 can be reclaimed either in kind or at their original value at the time of giving, provided they are not naturally consumable.

Marital Home

A wife is entitled to live with her husband in a suitable home, unless the marriage contract states otherwise.

Who Can Live in the Marital Home

A husband may live with his parents or children from other marriages in the marital home if he is financially responsible for them and if doing so does not cause harm to his wife.

Similarly, a wife may live in the marital home with her children from a previous marriage if they have no other guardian, or if separating from them would cause harm, or if the husband explicitly agrees.

The husband has the right to revoke this arrangement if it causes him harm.

If both spouses co-own the marital home or its lease, no one else may live with them without the consent of the other party.

Custody and Parental Rights

The law clarifies that leaving the house or going to work does not violate marital responsibilities and highlights the importance of considering the family’s well-being.

The amendments also revise custody laws, prioritizing the welfare of the child and aiming to prevent disputes between divorced parents over custody rights.

The age limit for custody by both parents has been extended to 18 years, eliminating previous contradictions.

Children aged 15 and above now have the right to choose which parent they want to live with.

Penalties

The new law includes strict penalties—ranging from fines of AED 5,000 to AED 100,000 and possible imprisonment—for offenses such as misusing a minor’s property, traveling with children without consent, and neglecting parental responsibilities.