The UAE is set to implement progressive changes to marriage and custody laws effective April 15, 2025, aimed at enhancing family stability and safeguarding child welfare.
- Women in the UAE will have the right to choose their spouse without guardian consent under certain conditions.
- The legal marriage age is set at 18, with provisions for appealing guardian decisions.
- Custody rules are updated to prioritize the child’s welfare and eliminate parental conflicts.
- New laws address engagement, marital homes, and legal document rights, with strict penalties for violations.
The UAE’s new Personal Status Law empowers women by allowing them to marry a partner of their choice. Specifically, non-citizen Muslim women do not require a guardian if their national law doesn’t demand it. This change emphasizes women’s freedom of choice in marriage.
Legally, the marriage age is set at 18. Should a guardian oppose a marital desire for those above this age, individuals can now challenge this through court appeals. This measure provides young adults with a platform to voice their concerns, ensuring their rights are respected.
For marriages with over a 30-year age difference, court approval is mandatory. This regulation seeks to maintain fairness and mutual consent in substantial age-gap marriages.
The engagement itself is legally defined as a man’s proposal to a permissible woman, differentiating it clearly from marriage. Should an engagement be broken, significant gifts worth over 25,000 AED must be returned unless consumed. This helps clarify financial expectations pre-marriage.
Marital home regulations are clearly outlined. A wife is expected to reside with her husband unless stated otherwise. A husband may invite family to reside in their marital home, only if it causes no harm to his wife. Jointly rented or owned homes require mutual consent for additional occupants. If a husband has multiple wives, each must have separate accommodations, ensuring privacy and fairness.
Regarding child custody, the law prioritizes a stable home environment conducive to the child’s best interests. Custody now extends to age 18. Importantly, children aged 15 and above can choose their living arrangements. Additionally, the custodial parent gains educational decision-making powers, further ensuring the child’s needs are prioritized.
New legal document laws dictate that those over 18 can manage their own documents unless court-ordered otherwise. The right to travel requires guardian or court consent, safeguarding the child’s well-being. In cases of misuse, guardians can request custody of the documents.
Strict penalties now deter violations, with fines up to Dh100,000 and possible imprisonment. These penalties address severe offenses like property misappropriation and unauthorized travel with a minor. By enforcing these rules, the law aims to protect minors from neglect and exploitation.
The new provisions will be calculated using the Gregorian calendar, aligning with international standards and ensuring clarity in legal timelines.
These legislative updates reflect a significant step towards modernizing personal status laws in the UAE, enhancing rights and protections for women and children.
