UAE Introduces Landmark Reforms to Marriage and Custody Laws

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The United Arab Emirates (UAE) is set to implement major changes to its federal personal status law, which will come into effect on April 15, 2025. The new law introduces provisions for matters that were previously unregulated, and its provisions are characterized by flexibility, simplification of procedures, and the unification of concepts and legal durations. The law lists rules around marriage consent, custody age limits, and divorce procedures, among others, and empowers couples who have not reached the age of majority to manage their marriage-related matters independently, without needing a legal guardian or custodian.

The law also introduces amendments to custody laws, prioritizing the ward's interests above all else and preventing disputes over custody rights between divorced parents. The age for the termination of custody has been raised to 18 years for both genders, eliminating previous discrepancies. The law now allows wards aged 15 and above to choose which parent they wish to live with, and educational authority over the ward is granted to the custodial mother, ensuring decisions align with the child’s best interests. Individuals who reach 18 years of age are entitled to retain their passports and identification documents unless a judge rules otherwise, and the law establishes guidelines for the return of engagement gifts if the wedding does not take place.

The new law grants women the right to marry their chosen partner even if their guardian objects, and if there is an age gap of more than 30 years between the bride and groom, court approval is mandatory before proceeding with the marriage. The law also clarifies that an engagement does not constitute a legal marriage, and unless otherwise stated in the marriage contract, a wife must reside with her husband. If both partners agree, children from previous marriages may also live with them, and taking up employment after marriage is not considered a violation of the law, as long as it does not interfere with family welfare.

The reforms also introduce stricter penalties for the misuse of minors' assets or failure to provide adequate care for guardians, with offenders facing fines ranging from AED 5,000 to AED 100,000, along with possible imprisonment. The law aims to modernize personal status laws, making processes smoother and fairer for everyone, and marks a major step toward modernizing family laws in the UAE, ensuring greater equality, efficiency, and protection for all residents. The UAE Cabinet, working with the Ministry of Justice, has introduced Federal Personal Status Law No. 41 of 2024, which will come into effect on April 15, 2025.

Some of the key provisions of the new law include: * The right to appeal to a judge if an individual over 18 wishes to marry but faces refusal from their guardian * The empowerment of couples to manage their marriage-related matters independently * The introduction of amendments to custody laws, prioritizing the ward's interests * The raising of the age for the termination of custody to 18 years for both genders * The granting of educational authority over the ward to the custodial mother * The establishment of guidelines for the return of engagement gifts if the wedding does not take place * The introduction of stricter penalties for the misuse of minors' assets or failure to provide adequate care for guardians * The modernization of personal status laws, making processes smoother and fairer for everyone.