The UAE will implement significant changes introduced under Federal Personal Status Law No. 41 of 2024, starting from April 15, 2025. The significant changes are mainly aimed at strengthening family stability and welfare of children. The newly introduced provisions clarify marriage laws, both in terms of rights concerning child custody and parental responsibility.
This article discusses some of the major changes introduced in the law relating to Marriage and Child Custody.
Marriage Law Amendments in UAE
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Women’s Right to Choose Their Spouse
Women in the UAE now can marry a person of their consent. As per the new law, if the guardian, including father, prevents the woman from marrying with her consent in such case the court shall officiate the marriage of the woman at her request.
The law further clarified that, a non-citizen Muslim woman if the law of her nationality does not require her to have a guardian in marriage in such cases the presence of guardian is not required for the conclusion of marriage.
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Legal Marriage Age
A person must be at least 18 years of age (Gregorian years) to marry. Marriage under eighteen (18) needs to be approved by a court if it is in the best interest of the person.
Further, the law states that if a person who has not reached the age of eighteen (18) Gregorian years of age requests marriage and his guardian refuses to marry him, he may refer the matter to the court.
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Marriage with a Large Age Gap
If the age gap is more than 30 years between the bride and her groom, the court approval shall be required for the marriage before its procedure.
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Engagement Now Legally Defined
Engagement has been legally defined as a man’s formal proposal of marriage to a woman after he has promised to marry her. But it is not legally a valid marriage.
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Returning Engagement Gifts
- In case the engagement is cancelled, any conditional gifts worth more than AED 25,000 should be returned if they are still in existence.
- In case the gifts do not exist anymore, then the value of the gift at the time of receiving it must be refunded, unless the gift is consumed by nature.
- No gift shall be required to be returned in case the engagement is cancelled due to a reason beyond the control of one of the parties or due to death.
New Regulations on Marital Homes
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Wife’s Right to Live in the Marital Home
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The wife shall have the right to reside in the marital home unless there is a contrary provision in the marriage contract.
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Husband’s Right to have Family Live with Him
- A husband shall have the rights to live with his parents or children from previous marriages in the marital home, provided he supports them.
- However, such arrangements shall be permissible as long as they do not cause any harm to the wife.
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Wife’s Right to Have her Children Live with Her
The wife shall have the right to have her own children (from a previous marriage) live with her if:
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- They do not have a custodian other than her or
- They are affected by her separation, or
- The husband consents, either explicitly or implicitly.
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Marital Home Owned or Rented Jointly
- If the spouses jointly own, lease or provide the marital home. In such cases no one else may reside with them except with the consent of the other party.
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Polygamous Marriages and Accommodation
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- In the same marital home or building, the husband may keep his several wives.
- Each wife shall have almost complete independence in the house in all respects, including:
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- A private entrance and exit.
- Health and service facilities.
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- In case any wife finds the arrangement unreasonable, she may approach the court. The court may add other conditions at the request of the affected wife.
Updated UAE Custody and Parental Rights
New Child Custody Rules
- The law makes it clear that leaving the house or going to work does not constitute violation of marital obligations. It emphasizes the welfare aspect of the family.
- Child custody laws are concerned with the best welfare of the child and lessen the disputes between divorced parents.
- Now the custody shall be terminated when the child reaches the age of eighteen (18) Gregorian years.
- Any child aged 15 or older can now choose which parent he or she wants to live with.
- Custodial mothers will have authority in educational decision making for the well-being of the child.
Legal Documents and Custodial Rights
- The law states that any person who has attained eighteen (18) years of age without being prevented by any of the symptoms of eligibility, male or female, may retain their passport and any other identification documents related to them, unless the court decides otherwise.
- The custodian shall keep the identification papers of the child, provided that he/she does not use them to travel without the permission of the guardian or the court.
- If a custodian misuses legal documents, the guardian can request custody of them.
- The father is responsible for the costs of obtaining and renewing the child’s official documents.
Penalties for Violating UAE Family Law
The revised law imposes strict fines and penalties, which include imprisonment or fines ranging between 5,000 and 100,000 AED for violation like:
- Misuse of financial assets of the minor.
- Traveling with a child without the permission of his guardian or the court.
- Failing to comply with parental responsibility.
Legal Duration calculation by using the Gregorian Calendar
Except otherwise specified, all legal durations and deadlines shall henceforth be calculated under the Gregorian calendar.
How Marriage Lawyers at Dubai Court Marriage Assist You
If you need any legal assistance relating to marriage, divorce, or custody issues, our seasoned marriage attorneys at Dubai Court Marriage would gladly help you with:
- Marriage registration and legal proceedings.
- Drafting prenuptial and postnuptial agreements.
- handling divorce settlements and child custody disputes.
- Protecting parental rights under UAE law.
Want professional legal guidance? You can now contact Dubai Court Marriage and they will be ready to help you with your family law matters in the UAE.
