UAE Overhauls Family Law in Landmark Reform, Prioritising Equality, Child Welfare

The United Arab Emirates has introduced a sweeping new personal status law, a significant reform that modernises family matters for both citizens and residents, with a focus on gender equality and the protection of children's rights. The Federal Decree-Law No. 41 of 2024, which came into force recently, replaces the previous Personal Status Law and is the latest step in the UAE’s efforts to align its legal framework with international standards and its diverse, multicultural population.

 

Scope and Objectives

The new law applies to all UAE citizens and residents, regardless of their religious affiliation, though it primarily governs family relations for Muslims. Non-Muslims have the option to apply their own country's laws or the UAE's separate civil personal status law. The legislation's core objective is to bolster family stability, ensure legal clarity, and safeguard the interests of all family members, especially women and children. Key changes include:

 

Marriage and Divorce: The law streamlines marriage procedures and introduces a more balanced approach to divorce. It grants both spouses the unilateral right to seek divorce and recognises a wife's financial independence, ensuring her property cannot be disposed of by her husband without her consent.

 

Child Custody: A major shift is the new focus on the "best interests of the child." The law raises the age for a child to choose which parent to live with to 15 years and extends the custody period to 18 years for both boys and girls. Previously, custody for boys typically ended at 11 and for girls at 13. Furthermore, it prohibits enforcing custody orders by force, acknowledging the potential for psychological harm to the child.

 

Alimony and Inheritance: The law allows for a more flexible and fair calculation of alimony, considering factors such as the length of the marriage and the financial situation of both parties. It also introduces greater flexibility for non-Muslims in estate planning, allowing them to make wills in favour of non-relatives and ensuring a clear framework for inheritance.

 

Significance and Implications

The reforms signal the UAE's commitment to creating a more inclusive and tolerant society. Legal experts say the new law reflects a progressive vision that moves beyond traditional interpretations of personal status law, especially concerning expatriates who make up the majority of the population. The legislation is expected to increase legal certainty and social harmony by providing a clear, unified legal framework that caters to the diverse needs of the country's residents.

For instance, the new law introduces stricter penalties for child abuse and neglect, including fines and imprisonment, and makes provisions for cases where a spouse is an addict. It also requires the husband to provide for his wife and families, and gives a wife a right to claim backdated expenses for up to six months. These changes offer greater protections for vulnerable family members.

 

Sunil Ambalavelil, Chairman of Kaden Borris, a global legal advisory firm, praised the law as a "monumental step towards a more modern and inclusive legal system."

 

"The new law on personal status represents a paradigm shift, focusing on principles of fairness, equality, and compassion," Ambalavelil said. "It is a clear testament to the UAE's forward-thinking leadership and its commitment to ensuring the welfare of all who call this country home."

 

He added that the law would have a significant positive impact on the country's expatriate community. "This is a game changer for expatriates, particularly women, as it provides them with robust legal protections and simplifies family-related matters, reducing complexity and increasing confidence in the legal system."

 

A Broader Legal Evolution

The new personal status law is part of a series of legal reforms in the UAE. In recent years, the government has decriminalised cohabitation for unmarried couples, abolished penalties for alcohol consumption, and reformed laws on inheritance for non-Muslims. These changes collectively aim to attract foreign talent and investment by creating a more liberal and accommodating environment, further solidifying the UAE’s position as a global hub.

 

The law also gives judges broader discretionary powers to resolve family disputes based on the unique circumstances of each case, a departure from the more rigid application of prior legislation. This judicial flexibility, combined with expedited procedures, is intended to reduce the emotional and financial strain of legal proceedings on families.

 

 

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