The new Personal Status Law No. 41 of 2024 aims to promote family stability and cohesion.

The new Personal Status Law No. 41 of 2024 aims to promote family stability and cohesion.

WHEREAS, the United Arab Emirates has deemed it necessary to amend the Federal Personal Status Law, originally issued by Federal Decree-Law No. 28 of 2005, in light of the economic, social, and technological developments that influence all aspects of life.

As a result, the new Personal Status Law was issued by Federal Decree-Law No. 41 of 2024, which will come into effect in April 2025. The law adopts the provisions of Islamic Sharia while balancing the constants within those provisions and considering the variables.

These amendments focus on litigation procedures and their facilitation, the mandatory enforcement of judicial rulings, and providing necessary flexibility in organizing personal status matters. The law streamlines procedures, standardizes legal concepts and timelines to align with the country’s developments, and introduces provisions that regulate matters previously not addressed. Additionally, the law tackles new issues affecting family conditions, aiming to ultimately protect them.

The law grants judges full authority to decide whether or not to refer a case to family reform and guidance centers for resolution through amicable means. If reconciliation is reached between the parties, a report is drawn up and signed by the parties, the relevant center’s member, and the family counsellor. This report is then approved by the supervising judge and carries the force of an executive bond. It cannot be contested through appeal unless it violates the provisions of the law.

Regarding inheritance, the law emphasizes the application of Islamic Sharia provisions and clarifies the reasons for inheritance and the conditions and methods of distribution, whether by compulsion or inheritance, or both, among the rightful heirs.

The law also grants the wife the right to the marital home and sets a 15-day limit for documenting divorce or reconciliation. Women are entitled to compensation equivalent to alimony if the divorce is not documented. The arbitration period for marriage dissolution due to harm has been shortened to 60 days. Furthermore, the law preserves the right of spouses not to be forced to live with someone addicted to drugs or who is dishonest with themselves or their family. It also enables spouses who have not reached the age of majority to handle marriage-related matters without the need for a legal guardian or trustee, thus simplifying their affairs.

Children’s Rights and Custody

The new Personal Status Law guarantees children’s rights, especially in the event of separation or divorce between spouses, as well as during the marital relationship. One of the most significant amendments concerns custody. Under the old law, there was a fixed hierarchy of custodians that the judge had to follow. However, the new law limits custody to four primary custodians: the mother, then the father, followed by the maternal grandmother, and then the paternal grandmother. If none of these are available, the judge may assign custody to someone deemed appropriate based on the child’s best interest.

The new law also specifies that the custodian must not be addicted to narcotic or intoxicating substances. Additionally, it extends the age for terminating custody to 18 years, in contrast to the old law, which set the age of termination for boys at 11 and for girls at 13.

Alimony

The new law aligns with the old law concerning spousal maintenance, child support, parental maintenance, and alimony for relatives. However, it includes an important change: a ruling to increase alimony is retroactively applied, but no more than six months from the date the ruling is issued. A ruling to reduce alimony is not retroactive but applies from the date the ruling is issued.

This revision clarifies that the new Personal Status Law aims to protect children’s material, psychological, and moral rights by regulating custody conditions to ensure the best care and establishing sufficient maintenance to cover basic needs such as education, food, clothing, and healthcare.

Foreigners Residing in the UAE

An important provision in the new Personal Status Law relates to foreigners residing in the UAE. It grants them the right to choose whether to litigate according to the UAE Personal Status Law or according to their national law. Muslim residents can choose between the UAE law and their home country’s law, but they cannot litigate under the Civil Personal Status Law (Federal Decree-Law No. 41 of 2022), which only applies to non-Muslim residents.

Competent Courts and Litigation Procedures

The new law specifies that state courts are responsible for hearing personal status cases filed by citizens or resident foreigners who have a place of residence or work in the UAE. The competent court for such disputes is the one located in the district of the defendant’s residence, workplace, or domicile.

Litigation procedures are governed by the Code of Civil Procedure and the provisions of the new law, which outline how judgments are issued and appealed. It also stipulates accelerated enforcement of judgments related to alimony and custody.

Conclusion

The issuance of the Federal Decree-Law on the new Personal Status Law reflects the UAE’s commitment to regulating personal status issues through flexible legal procedures, standardizing legal concepts and terms, and ensuring family protection. The law supports and safeguards women’s rights, and the rights of children, minors, and parents, enhancing family stability and cohesion.

Legal Consultant

Ismail Al-Masri

Ahkam Transaction Legal Consultancy

Contact Us