Major changes to marriage, divorce, child custody laws in UAE

Abu Dhabi: Major changes to the Federal Personal Status Law have come into effect in the UAE since April 15, including several new rules related to marriage, divorce, child custody, and marital life.

The new law gives women the right to marry of their choice, and if their guardians refuse, they can approach the court. If the woman is a foreign Muslim and the law of her country does not require the permission of a guardian, then the guardian’s approval is not necessary for marriage.

According to the law, the minimum age for marriage is set at 18 years, and if the age difference between the spouses is more than 30 years, marriage is possible only with the approval of the court.

Engagement is considered a legal promise, but it will not be considered marriage. If the engagement ends, gifts worth more than 25,000 dirhams can be returned, provided that they are conditional on the promise of marriage.

Regarding the marital home, the law also clarifies that it is the husband’s responsibility to provide his wife with adequate housing and that the husband may place his parents or children from another marriage with his wife if this does not harm the wife.

In a major change to the issue of child custody, the age of custody has now been set at 18 years, and children aged 15 or above can decide for themselves whether they want to live with their father or mother.

The law also stipulates strict penalties for those who travel with children without permission or neglect parental responsibilities. Such violations can be punished with a fine of 5,000 to 100,000 dirhams or imprisonment.