In a significant step towards modernizing the legal framework governing family matters, the United Arab Emirates issued Federal Decree-Law No. (41) of 2024 concerning Personal Status on August 30, 2024. This law will come into effect on April 15, 2025, replacing the previous Law No. (28) of 2005. The new legislation aims to promote family stability and strengthen familial bonds by addressing key issues such as marriage, divorce, custody, and alimony, in accordance with modern standards that align with the evolving dynamics of Emirati society.
Key Provisions and Details
- Legal Marriage Age
- Sets the legal marriage age at 18 years, with provisions for exceptions regulated by the Cabinet.
- Sets the legal marriage age at 18 years, with provisions for exceptions regulated by the Cabinet.
- Documentation of Divorce and Reconciliation
- Mandates both parties to document divorce or reconciliation within 15 days to ensure rights and transparency.
- Mandates both parties to document divorce or reconciliation within 15 days to ensure rights and transparency.
- Divorce Due to Harm
- Allows either spouse to seek divorce in cases of harm, such as addiction or abuse, without detailed proof.
- Allows either spouse to seek divorce in cases of harm, such as addiction or abuse, without detailed proof.
- Reduced Arbitration Period
- Shortens the arbitration period between spouses to 60 days to expedite divorce proceedings and reduce disputes.
- Shortens the arbitration period between spouses to 60 days to expedite divorce proceedings and reduce disputes.
- Joint Custody System
- Implements joint custody between parents, prioritizing the child’s best interests.
- Implements joint custody between parents, prioritizing the child’s best interests.
- Right to Object in Custody
- Grants each party the right to object to custody decisions in court if material or moral harm occurs.
- Grants each party the right to object to custody decisions in court if material or moral harm occurs.
- Financial Rights and Alimony
- Determines financial rights and alimony fairly, considering each party’s financial status and living conditions.
- Determines financial rights and alimony fairly, considering each party’s financial status and living conditions.
- Will Provisions
- Expands will provisions to include differences in religion between the testator and beneficiary, and regulates cases where executing the will is impossible.
- Expands will provisions to include differences in religion between the testator and beneficiary, and regulates cases where executing the will is impossible.
- Penalties for Family Offenses
- Imposes penalties, including imprisonment or fines, for offenses related to misappropriation of minors’ funds or abuse of parents.
- Imposes penalties, including imprisonment or fines, for offenses related to misappropriation of minors’ funds or abuse of parents.
- Judicial Flexibility
- Provides judges with flexibility to apply Islamic Sharia in cases lacking specific legal provisions, ensuring the best interests of parties involved.
Conclusion
The new Personal Status Law in the UAE reflects the country’s commitment to updating its legislation in line with societal changes, ensuring the protection of individual rights within the family. This law marks a significant step towards achieving justice, equality, and enhanced family stability in Emirati society.
