New Developments in the UAE for 2024
The UAE legislator has issued Federal Law No. 41 of 2024 concerning Personal Status, introducing substantial amendments to the previous Federal Law No. 28 of 2005, in alignment with social and legal developments. These amendments cover various aspects related to marriage, divorce, alimony, and custody, thereby enhancing the protection of individual and family rights.
Federal Law No. 41 of 2024 will come into force as of 15 April 2025, officially replacing the previous Law No. 28 of 2005 and its amendments, incorporating all newly enacted revisions and provisions.
Below are the most significant amendments introduced by the new law:
1. Amendment to the Legal Time Calculation
Article 2 has been amended to adopt the Gregorian calendar instead of the Hijri calendar for calculating legal timeframes, ensuring greater clarity and uniformity in the application of the law.
2. Facilitating Family Reconciliation Procedures Prior to Litigation
Under Article 16, the new law mandates that the supervising judge refer disputing parties to the Family Guidance and Reconciliation Center to attempt amicable resolution, except in certain urgent matters such as wills, inheritance, and emergency alimony.
3. Regulation of Engagement, Recovery of Gifts and Dowry
According to Articles 13 and 14, gifts given during engagement are considered part of the dowry if customary practice so indicates. If either party withdraws from the engagement, gifts conditional on marriage and valuable gifts exceeding AED 25,000 are recoverable, unless they are consumable by nature.
4. Raising the Legal Marriage Age and Regulating Minor Marriages
Article 19 was amended to prohibit the notarization of marriage contracts for persons under 18 Gregorian years, except by court approval and upon verifying that it serves the best interest of the minor. The article also provides for judicial intervention if a guardian unreasonably refuses to approve the marriage.
Key Provisions in the Amended Article:
- Marriage capacity is attained by reason and reaching 18 Gregorian years.
- No marriage contract shall be notarized for anyone under 18 Gregorian years, male or female, except with a court’s permission and after verifying interest and compliance with specific regulations issued by the Cabinet.
- If a minor requests marriage and the guardian refuses, the court may authorize the marriage after summoning the guardian. If the guardian fails to attend or objects without valid reason, the court may approve the marriage.
- Anyone who concludes a valid marriage contract acquires full legal capacity to litigate and appoint representatives in all matters relating to marriage and its effects, even if they have not reached the age of majority.
- If the fiancée is a virgin and there is an age difference of more than 30 years between her and the suitor, marriage may not proceed without court approval.
5. Regulation of Spousal Rights and Obligations
Article 49 was amended to detail the mutual rights and obligations between spouses, including:
- Good treatment and mutual respect.
- Avoidance of material or moral harm.
- Co-habitation is mandatory unless agreed otherwise.
- The wife’s right to education and visiting her family without prevention.
- The husband’s obligation to provide fair maintenance and equitable treatment in case of polygamy.
6. Divorce Provisions and Power of Attorney
Article 55 was amended to allow the wife to authorize a third party to initiate divorce through a notarized power of attorney.
Article 57 stipulates that repeated or numerically phrased divorces, whether verbal or written, count as a single revocable divorce.
Under Article 58, the husband must register the divorce in court within 15 days of its occurrence. Failure to do so entitles the wife to claim alimony from the date of divorce until its registration.
7. Cases Where Divorce Is Not Valid
According to Article 56, divorce is not valid in the following cases:
- Divorce by someone mentally incompetent or under coercion.
- Divorce during a state of extreme anger where the person is unaware of their speech.
- Divorce contingent upon future conditions or acts.
8. Expansion of Wife’s Alimony and Its Adjustment
Article 97 provides that alimony may be increased or decreased based on changing circumstances, as determined by the court.
Article 98 affirms that continuous alimony is considered a preferential debt, taking priority over all other debts.
Article 100 allows the court to grant temporary alimony for the wife and children during alimony proceedings, with immediate enforceability.
9. Substantial Amendments to Custody Provisions
Article 113 introduced stricter conditions for custody:
- The custodian must be at least 18 Gregorian years old if a parent, or have attained legal majority if not.
- No criminal record for offenses involving honor or drug use.
- The custodian must share the same religion as the child, unless the court decides otherwise in the child’s interest.
Article 114 prioritizes the mother, followed by the father, in custody, but allows the court to reorder priority based on the child’s best interest.
Article 123 revised the age of custody termination to 18 Gregorian years, replacing the previous thresholds of 11 years for boys and 13 years for girls.
10. Travel with the Child Outside the UAE
Article 116 stipulates that a custodian may not travel abroad with the child without written consent from the other parent. If consent is denied, the court may grant permission under specified conditions.
11. Reform of Guardianship and Legal Representation Rules
The new law introduced major reforms in appointing guardians and legal representatives:
- Article 130 expanded the eligibility criteria, requiring financial and administrative competence and no criminal record.
- Article 149 regulates situations involving multiple guardians and defines each of their powers.
12. Reform of Will and Inheritance Rules
Article 187 grants the legatee the right to accept or reject the will within 30 days of being notified.
Article 199 sets out conditions for will invalidation, such as revocation by the testator, death of the legatee before the testator, or if the legatee kills the testator.
13. Introduction of New Roles for Family and Inheritance Judges
The new law defines, under Article 5, expanded jurisdiction:
- The Family Judge handles all matters related to marriage, divorce, dowry, and alimony.
- The Inheritance Judge resolves all inheritance and estate distribution disputes.
Conclusion
Federal Law No. 41 of 2024 marks a significant evolution in the regulation of personal status matters in the UAE. It enhances the protection of individual rights through clearer regulations on marriage, divorce, custody, and guardianship, while granting broader powers to judges to resolve disputes and uphold social justice and family stability.
