
2025 Amendments to the UAE personal Status Law
The UAE has enacted Federal Decree-Law No. 41 of 2024,
effective February 1, 2025, to promote family stability and protect individual
rights.
The minimum age for marriage is set
at 18 years to prevent child marriages and ensure informed decisions regarding
marriage. If a woman's guardian wrongfully denies her permission to marry, the
court may assume guardianship. Judicial approval is necessary for a woman
planning to marry a man 30 years her senior to safeguard her interests.
In cases of engagement disputes, the
law requires the return of any dowry paid and gifts exceeding AED 25,000 if the
engagement is ended. If the engagement concludes without fault from either
party or due to death, the gifts do not have to be returned.
The updated divorce regulations
recognise addiction to drugs, alcohol, or psychoactive substances by either
spouse as legitimate grounds for marriage dissolution, protecting individuals
from substance dependency.
The law emphasises the child's best
interests in custody cases, consistent with global child welfare standards.
Custody now ends at 18 years, replacing the former limits of 11 years for males
and 13 years for females. Children 15 and older can pick their preferred parent
for residence. Non-Muslim mothers are not mandated to give up custody when the
child turns five, granting courts the authority to assess the child's best
interests.
Strict penalties exist for
mistreating, abusing, neglecting, or abandoning parents, along with failing to
provide required financial support. It imposes penalties for offences like
unauthorised travel with a minor, mismanagement of inheritance, and embezzlement
of estate funds, with sanctions that may include imprisonment or fines from AED
5,000 to AED 100,000.
Judges may refer cases to family
reconciliation and guidance centres to speed up family dispute resolutions. In
matters regarding a child's best interests, any interested party can request
resolution from an urgent matters judge.
The reforms demonstrate the UAE's dedication to modernising its legal framework to address current societal needs while maintaining family values and individual rights.