New Law to Enhance Child Welfare and Modernize Family Law
Pavitra Shetty
Published on January 15, 2025, 15:02:50
The UAE government has introduced Federal Decree Law No. 41 of 2024, a comprehensive update to the Personal Status Law, set to take effect on April 15, 2025. The new law focuses on enhancing child welfare, balancing parental rights, and addressing critical aspects of family law for citizens and residents.
Minimum Age Requirement: The legal minimum age for marriage remains at 18 years. Marriages involving women under 18 require judicial approval.
Age Gap Restrictions: Marriages with an age difference of 30 years or more between spouses require judicial approval if the woman has not been previously married.
Guardian Approval: Expatriate Muslim women may marry without a guardian’s consent if their home country laws permit it.
Custody Duration: Custody now extends until the child turns 18, reduced from 21 years.
Child’s Choice: Children aged 15 and above can choose their custodial parent, while the other parent retains visitation rights.
Protection Measures: Custody may be denied if a parent is deemed unfit due to abuse or neglect.
The law introduces stricter penalties, ranging from Dh5,000 to Dh100,000, for neglect, abuse, unauthorized travel with a child, or failure to provide adequate care. It emphasizes protecting children during divorce trials and includes provisions for involving child psychologists in custody disputes.
Both parents are granted equal rights to travel with their children for up to 60 days annually. Extensions are possible under special circumstances, such as medical needs.
The law provides structured guidelines for engagement disputes. Gifts valued over Dh25,000 must be returned if an engagement is broken, except in cases of mutual agreement or death. Advanced dowries must also be refunded in similar situations.
Non-Muslim residents and citizens can apply their home country’s laws for personal matters such as marriage, divorce, and inheritance, or opt for civil laws available in the UAE.
The updated law represents a shift toward modernizing family law, enhancing societal stability, and safeguarding the rights of children and parents alike. These reforms are expected to create a more equitable and supportive legal framework for families in the UAE.
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