The UAE’s new Personal Status Law has officially come into force today, introducing significant reforms that modernise family law for both citizens and residents. Federal Decree-Law No. 41 of 2024 replaces the previous Federal Law No. 28 of 2005, bringing substantial changes to marriage, custody, and parental rights.
Who Does the New UAE Personal Status Law Apply To?
The new law has a broad and inclusive scope, applying to various groups:
UAE Citizens:
- Muslim citizens: The law applies automatically to all UAE Muslim citizens
- Mixed marriages: Applies to UAE citizens where one party is Muslim
- Non-Muslim citizens: Can choose to follow specific religious laws or other legally permissible UAE laws
UAE Residents:
- By default, the law applies to all UAE residents unless they choose a different applicable law
- Non-Muslim residents can opt to apply their own religious law, home country law, or another mutually agreed-upon law
Non-UAE Residents: In specific circumstances, such as:
- Divorce proceedings involving a UAE citizen/resident as plaintiff and a non-resident as defendant
- Cases where neither party holds UAE residency but claims the UAE as their place of residence
Key Highlights of the New Personal Status Law
1. Marriage Age Requirements
The minimum legal age for marriage remains 18 years old. Women under 18 who wish to marry require a judge’s approval, continuing the standard set by the 2019 amendment to the previous law.
2. New Age Gap Restrictions
A notable new provision restricts marriages involving significant age differences. According to Ludmila Yamalova, founder and managing partner of HPL Yamalova and Plewka DMCC: “Marriages involving a woman marrying someone 30 years her senior require a judge’s approval, if she has not been previously married.”
3. Guardian Approval Changes for Expatriate Muslim Women
“Muslim women, who are residents of the UAE, and wish to get married in the country, may no longer need a guardian to approve their marriage if their home country’s laws do not require the consent of the guardian to get married,” Yamalova explained.
4. Application of Home Country Laws for Expatriate Muslims
Muslim expatriates now have greater flexibility in choosing which laws apply to their personal matters:
- They can opt to apply their home country’s laws for marriage, divorce, custody, and inheritance
- Alternatively, they can choose other laws they might have opted into, such as Abu Dhabi civil laws
5. New Rules for Engagement Disputes
The law provides clear guidelines for resolving financial disputes arising from broken engagements:
- Items given during engagement are considered gifts unless they are part of the mahr (dowry)
- Gifts valued above Dh25,000 must be returned if the engagement is broken off
- Any dowry paid in advance must be refunded
- If the engagement ends through no fault of either party, or if either party passes away, gifts do not need to be returned
6. Enhanced Child Custody Rights
Diana Hamade, founder and managing partner of Diana Hamade Attorneys at Law, highlighted significant custody changes:
- The end of custody age is now 18, reduced from the previous 21
- Daughters remain under custody until marriage
- Children aged 15 and above now have the right to choose their custodian
- Visitation rights remain reserved for the non-custodial parent
“Protecting children from the repercussions of a divorce is the ultimate goal of every legislator, and the provisions related to child custody in the new law are all based on the best interest of the child. This is evident by giving a child the option to move in with the custodian they select,” Hamade noted.
7. Stronger Child Protection Measures
The law introduces improved measures to protect children during custody and divorce proceedings:
- Child psychologists may be involved through relevant authorities in custody disputes
- A parent may be deemed unfit for custody if children are subject to abuse
- Penalties are established for negligence and abuse of children and elderly parents
- Restrictions are placed on leaving the country with children without proper consent
8. Extended Custody Rights for Mothers
Under the previous law, mothers had limited custody rights, with custody ending when sons turned 11 and daughters turned 13. The new law extends these rights significantly.
Nita Maru, managing partner and solicitor of TWS Legal, explained: “For mothers, custody rights are now extended until children turn 18. As someone who has spent years advising families on custody matters, I can confidently say this is a monumental change. It allows for longer stability and ensures that children are cared for and supported by their mothers during their formative years.”
9. Equal Travel Rights for Parents
Article 116 of the new law grants either parent the right to travel alone with their child for up to 60 days per year, which can be extended in special circumstances such as medical treatment.
“The new travel provisions are a game-changer in reducing conflict. By giving both parents equal travel rights and ensuring greater accountability for document usage, the law prioritizes child welfare while minimizing disputes that often arise post-divorce,” Maru added.
10. Stricter Penalties for Violations
The new legislation imposes penalties ranging from Dh5,000 to Dh100,000 for offences such as:
- Assaulting a minor’s property
- Unauthorised travel with a child
- Child abuse and neglect
- Failing to provide adequate care and support for parents when required
Key Takeaway
The UAE’s new Personal Status Law represents a significant modernisation of family law that balances cultural values with international standards. By extending mothers’ custody rights, giving older children a voice in custody decisions, and establishing clear guidelines for travel and financial matters, the law aims to reduce family disputes while prioritising the welfare and protection of children.
JobXDubai 
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