UAE’s new marriage and custody rules: 10 key changes you should know
Updated Personal Status Law takes effect April 15 with stricter penalties for family responsibility violations
DUBAI: The United Arab Emirates AE is set to introduce sweeping reforms to its federal personal status law, with major changes in marriage, custody, and parental rights taking effect on April 15, 2025.
The updated legislation aims to modernise family laws, simplify legal procedures, and ensure child welfare remains a top priority.
The law standardises key aspects of marriage and divorce, providing clearer guidelines for citizens and residents.
Here are the 10 most important changes you need to know:
1. Civil Marriage Expansion
Non-Muslim residents can now marry under a simplified civil procedure, reducing bureaucratic delays and making the process more accessible.
2. No guardian approval required for marriage
Women can now marry without needing a guardian’s approval, provided their nationality laws do not mandate it. If a guardian refuses consent, individuals over 18 have the right to appeal to a judge.
3. Judicial oversight on large age gaps in marriage
If the age difference between a woman and her prospective spouse exceeds 30 years, the marriage will require judicial approval to proceed.
4. Redefined engagement rules
Engagement is now legally recognised as a promise rather than a binding contract. Gifts given during an engagement can only be reclaimed if they were conditional on marriage taking place. Gifts valued over Dh25,000 may be returned in kind or monetarily, unless consumable.
5. Clearer marital home regulations
By default, a wife will reside with her husband in a suitable marital home unless the marriage contract states otherwise. Husbands can allow parents or children from previous marriages to live in the home if they provide financial support and it does not harm the wife. Likewise, a wife may live with her children from another marriage under certain conditions.
6. Extended custody rights
The new law extends custody to 18 years of age for both boys and girls. Children aged 15 and above now have the right to choose which parent they wish to live with. The custodial mother will have educational authority over the child, ensuring decisions align with the child’s best interests.
7. Joint custody as default rule
Courts will prioritise joint custody unless it is deemed against the child’s best interests. This reform encourages active parental involvement from both sides.
8. Stricter travel and legal documentation rules
Individuals aged 18 and above now have the right to retain their passports and identification documents unless a judge rules otherwise. Custodians cannot misuse these documents for travel without the guardian’s or court’s approval. Fathers remain responsible for obtaining and renewing legal documents for their children.
9. Streamlined divorce proceedings
- A wife can seek divorce if her husband abstains from marital relations for over six months without valid justification.
- The mandatory arbitration period for divorce cases has been reduced from 90 days to 60 days.
- Husbands must officially document divorce or reconciliation within 15 days; failure to do so allows the wife to claim compensation.
- The retroactive period for financial support claims has been reduced from three years to two. If a father cannot provide financial support, the mother may be required to contribute but can seek reimbursement.
10. Stronger penalties for violations
New penalties have been introduced to ensure parental and financial responsibilities are met. Violations include:
- Misappropriating a minor’s property
- Travelling with a child without legal permission
- Failing to meet financial responsibilities toward children
- Fines range from Dh5,000 to Dh100,000, with potential imprisonment for severe breaches.
Wider impact and implementation
These reforms apply to all UAE citizens and residents by default. However, non-Muslim expatriates can choose to apply their home country’s laws for personal matters, including marriage, divorce, custody, and inheritance. Additionally, Muslim expatriate women in the UAE may now marry without guardian approval if their home country’s laws do not require it.