A Modern Framework to Strengthen Family Stability
The United Arab Emirates issued Federal Decree-Law No. (41) of 2024 on August 30, 2024, to regulate personal status matters. The law will come into effect on April 15, 2025, replacing Law No. (28) of 2005. It aims to modernize family-related legal provisions and ensure social stability.
Key Legal Amendments Introduced:
Engagement, Gifts & Dowry
Clear rules on the recovery of engagement gifts upon breakup.
Conditions for reclaiming the dowry if either party withdraws.
Marriage Eligibility
Marriage not allowed for individuals under 18 without court approval.
Courts empowered to authorize marriage in cases of unjustified refusal by a guardian.
Mutual Marital Rights
Defines spouses’ obligations regarding respect, maintenance, and child-rearing.
Divorce & Reconciliation
Repeated or conditional divorce counted as a single instance.
Divorce must be registered in court within 15 days of occurrence.
Custody & Alimony
Custody continues until the child turns 18.
Specific conditions for the custodian to ensure the child’s best interest.
Alimony treated as a privileged debt; adjustable based on circumstances.
Divorce Cases
Covers divorce for lack of maintenance, absence, imprisonment, abuse, or neglect.
Judges empowered to appoint arbitrators to resolve disputes and recommend outcomes.
Lineage & Wills
Regulation of lineage confirmation, including through DNA testing.Updated provisions for acceptance and revocation of wills.
Conclusion:
The new UAE Personal Status Law reflects a progressive and comprehensive approach to regulating family relationships. It safeguards the rights of spouses and children while balancing individual needs with social stability. By introducing modern, flexible legal provisions, the law empowers the judiciary to deliver fair and swift resolutions. Residents and citizens alike are encouraged to familiarize themselves with the law to fully understand their rights and responsibilities under these vital reforms.
