UAE personal status law: Do new marriage, divorce rules apply to both Emiratis, expats?

The new UAE Personal Status Law — which governs marriage, divorce, and custody matters among other aspects — applies to both Emiratis and Muslim expats residing in the UAE. The law does not apply to non-Muslims, unless they choose to.

In matters regulated by the new legislation, expats have the option to apply the laws of their home countries.

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The new law marks the biggest changes the UAE has made to its personal status laws. The country’s courts are all set to implement the new rules from April 15.

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The main purpose of the new law is to modernise the provisions of personal status, while remaining true to the country’s core values, culture, and heritage. The legislative policy takes into consideration the diversity of the country’s community. 

Here are some of the key changes:

• Penalties have been toughened to protect the rights of all parties concerned. Fines of between Dh5,000 and Dh100,000 apply for certain offences. 

• A non-Emirati Muslim woman can get married without a guardian, provided the law of her home country allows her to do so. Previously, the approval of a guardian was mandatory. 

• The law protects a woman’s financial independence. 

• If the spouses jointly own or rent a house, neither of them may have anyone live with them except with the consent of the other party. 

• If a woman is getting married for the first time and her groom is 30 years older, a court permit is required to ensure that she has agreed to the alliance. 

• Husband has to document a divorce within 15 days, failing which the wife can file a case of compensation. 

• Either spouse may seek divorce if the other is addicted to drugs. 

• Referring a case to the Family Guidance Centre is optional. Previously, this step was mandatory, extending the litigation process. 

• In custody cases, the child’s rights are paramount. The age of custody has been unified for males and females and raised to 18. 

• Children aged 15 and above have been granted the right to choose which parent they want to live with. 

• Parents with custodial rights can travel with their children for up to 60 days in a year. 

• DNA tests will be used to prove lineage. 

• The new law penalises fraudulently seizing or squandering inheritance

• It also penalises the abuse or neglect of parents.

• For issues that are not regulated by this law, the judge may choose the most suitable and convenient approach of jurisprudence.

Sahim Salim

Staff Writer

• 

sahim@khaleejtimes.com

As Associate Editor, Sahim Salim helps tell the UAE story like no one else does — and leads a team of reporters that asks the questions to get news and headlines that matter.