UAE’s New Personal Status Law on Marriage and Custody Now in Effect: What You Need to Know

The United Arab Emirates (UAE) has brought forward some changes to the personal status law, Federal Decree-Law No. (41) of 2024, which has become effective from April 15th 2025. These changes are mainly on marriage, custody and other family related issues to make the legal process easier and more flexible. 

Some of the key provisions are as follows:

Scope of Application of the Law 

• The provisions of this Law shall apply to UAE citizens if both parties of the relationship or one of them is Muslim. 
• The provisions of this Law apply to non-Muslim UAE citizens unless they have provisions specific to their sect and religion or they agree to apply another law permitted by the legislation in force in the UAE. 
• The provisions of this Law shall apply to non-UAE citizens unless one of them insists on applying his/her law or any other law that has been agreed to be applied, as permitted by the legislation in force in the UAE.

Here are the key highlights you should know.

 1. Right to Choose a Spouse

• Non-Citizen Muslim Women and Guardian Consent: For Muslim women who are non-citizens, the law states that consent of the guardian is not required if their own country’s laws do not make it mandatory. This ensures respect for cross border personal status rules and at the same time protects personal liberty.

• Court’s Role in Guardian Obstruction: The Court shall initiate the marriage of the woman at her instance or at the instance of an interested person, if a guardian, even her father, forbids a woman over whom he has guardianship, from marrying a man of her equal and whom she has accepted and with a customary dowry.

2. Legal Marriage Age and Exceptions

• The legal age for marriage in the UAE is 18 years. However, as per the new law, an individual who has not reached the age of (18) eighteen Gregorian years has the complete legal right to marry the partner of their choice, even if their legal guardian is against it. In such cases the person can go to the judge and the judge can allow the marriage without the consent of the guardian. 
• If a legal guardian refuses consent for someone above the age of 18, the individual has the right to seek the court’s approval to go through with the marriage.

3. Court Approval for Large Age Gaps

In case the age difference between a woman (never married before) and her prospective husband is more than 30 years then the marriage can only be registered with the court’s permission. This ensures added protection and judicial oversight in such cases.

4. Engagement Rules Clarified

The new law also provides that engagement means a promise of marriage made by a man to a woman. Nevertheless, it also clearly states that engagement is not marriage and does not have the same legal force as the marriage contract.

5. Returning Engagement Gifts

If an engagement is called off, gifts given on the condition of marriage can be returned. If the gift was worth more than Dh25, 000, it can be recovered in its original form or at its value at the time of giving unless the item was inherently consumable (such as food or flowers).

 6. Marital Home and Who May Reside in It

The law defines the rights of both spouses regarding the marital home:

• The wife must live in a suitable marital home unless otherwise provided for in the marriage contract.

The Husband’s Rights:

• He may live in the marital home with his parents or children from previous marriages only if:

• He is financially responsible for them, and
• Their presence does not harm the wife.

The Wife’s Rights:

• She may have her children from a previous marriage live with her if:

• There is no other guardian for the children,
• Separation would harm the children, or
• The husband explicitly or implicitly consents.

If the home is jointly owned or rented, neither spouse may allow others to stay without the other’s consent.

7. Updates to Custody and Parental Rights

The updated personal status law provides that the best interests of the child are of paramount importance and makes the following changes:

• Custody Age Limit: Custody now lasts up to 18 years for both boys and girls.
• Child’s Preference: Children 15 years and above can now decide for themselves which parent they want to live with.
• Mother’s Educational Authority: The mother, as the custodial parent, has full authority over the child’s educational decisions provided that they are in the best interest of the child.
• Working Parents: According to the law, going to work or leaving the house does not violate marital obligations.

8. Legal Documents of Minors and Young Adults

• Upon attaining the age of eighteen years, every ward has a legal right to hold their own passport and ID, but for this to be otherwise, a judge has to make an order.

• The legal documents of the child can only be held by the custodian but they cannot use them to travel or in any way that may cause harm to the child or the guardian.
• If there is any misuse of the documents, the guardian can request for the return of the documents and they will not be reissued to the custodian unless the court permits it.
• The father has to bear the costs of acquiring or replacing the child’s official documents.

9. Penalties for Violations

 Thus, in order to guarantee the stability of the family and the child, the law has been amended to include severe penalties in the following way:

• Fines or imprisonment, which could be as low as Dh5, 000 or as high as Dh100, 000.
• Offences include:

• Abuse of a minor in relation to his property,
• Travelling with a child without the  consent of the parents,
• Failure to discharge the obligations of a parent or a guardian.

 10. The Gregorian Calendar Shall Be Used for Calculations

Unless otherwise provided in the particular provisions of the law, all the periods and durations mentioned in this law are to be calculated in accordance with the Gregorian calendar.

 How HHS Marriage Lawyers Can Assist You

Given that the new personal status law has come into effect, it is now more important than ever to know your rights and duties. Whether you are seeking marriage approvals, custody arrangements, or are involved in legal guardianship disputes, HHS marriage Lawyers in the UAE is here to help you.

Our experienced family law team can:

• Explain how the new law will affect you,
• Defend you in court when seeking marriage consent,
• Help with custody, divorce, and marital property issues.

Contact HHS Dubai Lawyers for tailored legal advice to suit your individual and family needs in the UAE.