By Staff Reporter
The United Arab Emirates (UAE) is set to enforce significant changes in its federal personal status law starting April 15.
The newly introduced law, a copy of which has been reviewed, brings forth regulations that enhance flexibility, simplify legal procedures, and standardize legal concepts and durations.
Key Provisions of the Law
Marriage Consent and Rights
One of the most notable amendments grants women the right to marry partners of their choice, even if their guardian objects. For non-citizen Muslim women, guardian consent is not required if their nationality law does not mandate it. The legal marriage age has been set at 18 years, with individuals facing guardian refusal having the right to appeal to a judge. Additionally, couples who have not reached the age of majority can independently manage their marriage matters.
The law also stipulates that if the age difference between a bride and groom exceeds 30 years, the marriage can only proceed with court approval.
Legal Definition of Engagement and Gift Return
Engagement is now legally defined as a proposal and promise of marriage but does not constitute a legal union. Gifts exchanged during engagement can only be reclaimed if their transfer was conditional upon the marriage. Any valuable gifts exceeding AED 25,000 may be returned in kind or at their original value unless they are consumable.
Marital Home and Residency Rights
The law ensures that the wife resides in a suitable marital home unless agreed otherwise in the marriage contract. It also specifies who is permitted to reside within the marital home:
A husband may live with his wife along with his financially dependent parents and children from previous marriages, provided it does not harm the wife.
A wife may have her children from a previous marriage stay with her if they lack a guardian or would suffer harm from separation, provided the husband consents.
If both spouses share ownership or lease of the home, neither can allow others to reside there without mutual consent.
Custody and Parental Rights
The revised law prioritizes children’s welfare in custody matters, raising the custody termination age to 18 for both genders. Children aged 15 and above can choose which parent they wish to reside with. The custodial mother is granted educational authority over the child to align with their best interests.
Additionally, individuals aged 18 and above retain their passports and identification documents unless otherwise ruled by a judge. While custodians hold legal documents, they cannot use them for travel without guardian or court approval. If any violations occur, the guardian may request control over these documents.
Penalties for Violations
Strict penalties have been introduced, including fines ranging from AED 5,000 to AED 100,000 and imprisonment for offenses such as misappropriating minors’ property, unauthorized travel with wards, and neglecting parental duties.
Use of Gregorian Calendar
All durations specified in the law will be calculated based on the Gregorian calendar unless stated otherwise.
These amendments reflect the UAE’s commitment to progressive legal reforms, ensuring greater clarity, fairness, and protection in family law matters.
News Source: Khaleej Times
