ABU DHABI: The United Arab Emirates (UAE) has unveiled a new Personal Status Law, marking a significant step towards enhancing family stability and social cohesion.
The law introduces several groundbreaking provisions, some of which are being regulated for the first time in the country, to address the changing dynamics of modern society while preserving traditional family values.
Minimum age for marriage
One of the most notable amendments is the establishment of 18 as the minimum legal age for marriage in the UAE. This move aligns with international standards and aims to protect young individuals from entering into marriages prematurely.
Additionally, the law simplifies the process for transferring marriage guardianship to the court, ensuring a woman’s right to marry someone of her choice. If a guardian unjustly withholds consent, the court can intervene, promoting fairness and safeguarding personal freedoms.
Custody provisions
The law has redefined custody regulations, prioritising the best interests of children. Under the new provisions, custody for both boys and girls is now extended to 18 years of age, replacing the previous age limits of 11 for boys and 13 for girls.
In a move towards flexibility, children aged 15 and above are granted the right to choose their preferred parent for residence. Additionally, the court is empowered to decide custody in cases where a custodian parent’s religion differs from that of the child, focusing on the child’s welfare. This provision departs from earlier laws, which mandated the termination of custody for non-Muslim mothers when their child turned five.
Penalties
The decree-law introduces stringent penalties for neglect or abuse of minors’ rights and properties. Offenders involved in unauthorised travel with children, seizing inheritance funds, or mismanaging minors' assets may face fines ranging from Dh5,000 to Dh100,000, imprisonment, or both.
Furthermore, neglecting parents or failing to provide adequate care and support is now punishable under the law. This amendment underscores the UAE’s commitment to fostering intergenerational respect and care within families.
Divorce and marital rights
The Personal Status Law also modernises divorce procedures to ensure fairness and expediency. Either spouse can now seek a divorce if the other is found to be addicted to narcotics, psychotropic substances, or alcohol, safeguarding family welfare and protecting spouses from harm.
The arbitration period for marriage dissolution has been reduced to 60 days from the previous 90 days, expediting proceedings and providing faster resolutions. In cases of divorce, the law mandates that the husband document any divorce or reconciliation within 15 days of occurrence, failing which the wife can claim compensation equivalent to alimony.
Wives’ rights to the marital home are also clarified. Whether the property is owned, rented, or co-shared with the husband, the law protects the wife’s entitlement to her rightful share.
Marriage gifts and dowries
The law revises rules around recovering engagement gifts and dowries if an engagement is called off. High-value gifts exceeding Dh25,000 can now be reclaimed, along with gifts conditional upon marriage. If these gifts are unavailable in their original form, their equivalent value may be recovered unless they are consumable items.
Flexible judicial powers
Family court judges are granted the authority to rule in cases where specific provisions are absent, relying on Islamic principles without adhering to fixed schools of thought. This flexibility ensures rulings align with public interest while maintaining justice and equity.