Starting April 15, the United Arab Emirates will implement updates to the federal personal status law. The new legislation, which has been reviewed by various sources, introduces regulations for several issues that were previously unaddressed.
The government states that the new provisions focus on flexibility, streamlined procedures, and the standardization of legal concepts and timeframes.
Here’s what you need to know about the changes:
As reported earlier, the federal law outlines guidelines regarding marriage consent, custody age limits, and divorce procedures. Here are the primary updates:
Choice of Spouse: Women now have the autonomy to choose their partners irrespective of guardian opposition. For Muslim women who are not UAE citizens, marriage does not require guardianship approval if their home country’s laws do not mandate it.
Legal Marriage Age: The new decree sets the legal marriage age at 18 years. Individuals over this age who wish to marry but encounter guardian refusal may appeal to a judge for permission.
The law further empowers those below the age of majority to independently manage their marriage-related affairs without needing a legal guardian.
Age Disparity: Marriages where the age difference exceeds 30 years require court approval to be valid.
Definition of Engagement: Engagement is defined as a man’s proposal to marry a woman permissible for him, along with a promise to marry, though it is not legally recognized as marriage.
Returning Gifts: If an engagement is canceled, gifts given contingent on the marriage being finalized can be returned. Gifts valued over Dh25,000 can be reclaimed either in kind or by their value at the time, provided they are non-consumable.
Marital Residence: The wife must live with her husband in an appropriate marital home unless otherwise specified in the marriage contract.
Permissible Residents in the Marital Home:
The husband can reside with his wife along with his parents and children from other marriages, provided he is financially responsible for them and it does not adversely affect the wife.
The wife may live with her children from a prior marriage in the marital home if there is no other guardian, if the separation is harmful, or if the husband consents. The husband may revoke this arrangement if it negatively impacts him.
If both spouses have joint ownership or lease of the marital home, neither can allow others to reside without the other’s consent.
The law also revises custody regulations to prioritize the best interests of the child, minimizing conflicts between divorced parents. Custody will now terminate at the age of 18 for both genders, removing historical inconsistencies. The legislation allows wards aged 15 and over to select which parent they wish to live with. The custodial mother will primarily hold educational authority over the child, aligning decisions with the child’s best interests.
Individuals who reach 18 years will have the right to possess their passports and identification documents unless a court order states otherwise.
The custodian will retain legal documents, which cannot be used for travel without permission from the guardian or a court, and should not be used in a manner that endangers the interests of the guardian or ward. Should there be noncompliance, the guardian may request the legal documents, which will then only be returned with court approval and in accordance with the ward’s best interests. The father will bear the costs associated with maintaining and renewing these legal documents.
Penalties: The revised law incorporates stringent penalties, including imprisonment or fines ranging from Dh5,000 to Dh100,000 for violations such as misappropriating children’s property, unauthorized travel with wards, and neglecting parental duties.
Use of Gregorian Calendar: The Gregorian calendar will be employed for all timeframes mentioned in this law unless otherwise noted.