The United Arab Emirates is set to introduce significant changes to its family law landscape starting April 15, 2025, under the new Federal Decree Law No. 41 of 2024. These updates aim to modernize and strengthen family structures while protecting children’s rights.
Among the most notable changes are updates to marriage regulations. Non-citizen Muslim women residing in the UAE will now have the autonomy to choose their spouse without needing guardian approval, provided their home country’s laws don’t require it. Meanwhile, Emirati women can marry without guardian consent if any objections are deemed baseless. Additionally, the legal marriage age is uniformly set at 18, with a new policy allowing individuals to seek court intervention if guardian consent is denied. For marriages with an age gap exceeding 30 years, judicial approval is necessary, reflecting a commitment to balanced matrimonial arrangements.
An intriguing clarification comes with the formal definition of engagement, now seen as a binding mutual promise distinct from marriage contracts. Financial matters post-engagement also receive attention, stipulating that gifts over AED 25,000 must be returned if engagements dissolve, barring exceptional circumstances.
Another significant focus is on marital living arrangements. Legal provisions now require wives to reside in the marital home unless a contract states otherwise. Marriages involving polygamy see reinforced housing standards, mandating separate living spaces for each wife with essential facilities, underscoring the country’s commitment to equitable treatment.
Child custody laws are also seeing progressive updates. Custody now extends until children turn 18, and those 15 and older can choose their preferred custodial parent. Mothers holding custody can make critical educational decisions for their children, ensuring their best interests are prioritized.
Moreover, individuals over 18 will have the right to retain personal documents independently unless a court orders otherwise. However, minors’ international travel still requires guardian or court approval to ensure their safety. Violations of these responsibilities can lead to penalties, including substantial fines or imprisonment.
Further administrative updates clarify that all legal timelines will follow the Gregorian calendar unless specified otherwise. This change aims to streamline judicial processes and bring them in line with international standards.
The revised UAE family laws reflect a thoughtful approach to nurturing family stability and protecting individual rights. As these changes unfold, they are expected to promote fairness and adaptability in an ever-evolving society.