The United Arab Emirates (UAE) will implement its most significant personal status law reform in decades this April, introducing fundamental changes to marriage consent, custody rights, and divorce procedures that could affect thousands of families across the country.
The Federal Personal Status Law No. 41 of 2024, taking effect April 15, marks several watershed changes, including the adoption of the Gregorian calendar for legal proceedings and a complete overhaul of custody age limits.
Marriage and consent
A significant change allows wives to seek divorce if husbands abstain from marital relations for over six months without valid justification, regardless of whether the husband swore to abstain, according to Asma Siddiqui, senior associate at BSA Law.
“The New law codifies ‘Tatleeq’, allowing either spouse to petition the court for divorce under specific circumstances,” Siddiqui told Arabian Business.
“This establishes clearer grounds for divorce, which were previously undefined, with the aim of better protecting family welfare.”
The legislation introduces a notable requirement for judicial approval in marriages with age gaps exceeding 30 years if the woman hasn’t been previously married.
Custody reforms
Perhaps the most sweeping change affects child custody rights. The new law removes gender-based age limits that previously ended women’s custody when boys turned 11 and girls 13, extending custody until children reach 18 years for both genders.
“One of the most impactful changes is the extension of custody rights,” said Samara Iqbal, founder of Aramas International Lawyers.
“This provides greater stability for children during critical developmental years, while strengthening the support system for custodial parents.”
The law grants both parents equal rights to travel with their children for up to 60 days annually, ensuring fairness in parental responsibilities.
Divorce procedures
The mandatory arbitration period for marriage dissolution has been reduced from 90 to 60 days, streamlining the divorce process.
The law introduces stricter documentation requirements, with husbands required to officially record any divorce or reconciliation within 15 days.
“Failure to document divorces now permits the wife to claim compensation equivalent to alimony,” Siddiqui added.
“These requirements ensure proper documentation and protect financial rights.”
Financial implications
The reforms address several financial aspects of marriage and divorce. The retroactive period for spousal maintenance claims has been reduced from three to two years, while new provisions consider employment status when determining alimony obligations.
“The reforms simplify procedures while ensuring fair financial settlements,” Iqbal explained.
“There’s a strong focus on equitable distribution of assets that truly reflects both parties’ contributions.”
In cases where fathers cannot provide financial support, mothers may be obliged to contribute if possible, but retain the right to seek reimbursement.
Penalties and enforcement
The law introduces new penalties for neglect or abuse of minors’ rights and property.
“Fines now range from AED 5,000 to AED 10,000 with potential imprisonment for serious offenses,” Siddiqui said.
“These reforms aim to deter harmful practices and uphold children’s rights.”
Implementation and transition
For existing cases, the legislation includes transitional provisions allowing parties to choose between old and new systems. “This flexibility is key to ensuring that no one is disadvantaged by the legal transition,” Iqbal noted.
The shift from the Islamic lunar to the Gregorian calendar for legal proceedings aims to standardize legal computations with internationally recognized systems.
Practical implications
The reforms affect various aspects of family life, from marriage decisions to child-rearing.
“These legal updates bring significant changes to family law procedures,” Iqbal said. “The reforms cut down bureaucratic red tape while ensuring cases are resolved efficiently.”
For child custody, children aged 15 and above will now have the right to choose their preferred custodian, acknowledging their maturity in such decisions.
Legal experts see the reforms as part of the UAE’s broader modernisation efforts. “These changes represent a significant transformation in the UAE’s family law,” Siddiqui said.
“By enhancing protections for children and promoting equitable rights for all parties, the UAE is fostering a legal environment that supports family welfare and social cohesion.”
The law also introduces specific provisions for expatriates.
“Muslim expatriates in general can now choose to apply their home country’s laws or other opted-in laws for personal matters such as marriage, divorce, custody, and inheritance,” Siddiqui said.
She added that “expatriate Muslim women residing in the UAE may no longer require a guardian’s approval to marry if their home country’s laws do not mandate such consent.”
In addition, the law also clarifies wives’ rights to the marital home, protecting their entitlement regardless of whether the property is owned, rented, or co-shared with the husband.
“In conclusion, as we approach the implementation of the new Personal Status Law in April 2025, it remains to be seen how its provisions will be invoked and applied in practice,” Siddiqui said.
“While the legislation marks a significant step toward modernization and aligns with evolving social norms, only time will tell how effectively it will be integrated into the legal system.”
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