The UAE’s new Personal Status Law UAE, Federal Decree-Law No. 41 of 2024, which came into effect in April 2025, introduces significant reforms aimed at modernizing family law in the country. These changes affect marriage, divorce, child custody, and parental rights, ensuring better protection for children and promoting equality between parents. The law introduces stricter penalties, extended custody rights, and updated regulations to reflect the needs of modern families.

 

Key Reforms in the New Personal Status Law UAE
One of the most notable changes in the new Personal Status Law UAE is the implementation of stricter penalties for offenses such as child abuse, neglect, and unauthorized travel with a child. These penalties range from Dh5,000 to Dh100,000, depending on the severity of the offense. Additionally, the law introduces extended custody rights, allowing children aged 15 and above to choose which parent they wish to live with. This shift in custody laws aligns with international standards and ensures that the best interests of the child are prioritized.

The lawyers working in family law are already anticipating a surge in cases related to these changes, as they aim to provide guidance on the complex issues of child welfare, parental rights, and divorce proceedings.

 

Who Does the New Personal Status Law Apply To?
The UAE new Personal Status Law applies primarily to UAE citizens and residents, but there are provisions for non-Muslim citizens and residents who can choose to apply either their home country’s laws or a mutually agreed law for personal matters like marriage and custody. This is particularly relevant for expatriates in the UAE, who may opt for civil laws in cases of marriage, divorce, or inheritance.

The law also extends its scope to non-UAE residents under specific conditions, such as divorce proceedings involving a UAE citizen or resident as the plaintiff.

 

Marriage Minimum Age and New Rules for Expatriate Muslims
The new Personal Status Law UAE maintains the minimum legal age for marriage at 18 years, with the option for a judge's approval for those wishing to marry under this age. This law also introduces new rules regarding age gaps in marriage. For instance, if a woman is marrying a man who is 30 years older, the marriage requires judicial approval, particularly if she has not been married before.

A significant update is the provision allowing Muslim expatriate women in the UAE to marry without the approval of a guardian if their home country’s laws do not require it. This reform is seen as a step toward ensuring greater independence for women while still respecting cultural traditions.

 

Custody Laws: Extended Rights for Mothers
A transformative change in the UAE new Personal Status Law is the extension of custody rights for mothers. Previously, mothers had limited custody over their children when they reached the age of 11 for boys and 13 for girls. Under the new law, mothers retain custody until the child turns 18. This is a monumental change, providing more stability for children and ensuring they remain under the care of their mothers during critical years.

 

New Rules on Travel Rights for Parents
Another key reform in the new Personal Status Law UAE is the provision of equal travel rights for both parents. As per the new law, either parent can travel with their child for up to 60 days each year without requiring the other parent’s permission. This is a significant change, aimed at reducing conflict and promoting a fairer division of parental rights. The new rules also introduce greater accountability for travel documents, ensuring that both parents are equally responsible for their child's travel.

 

NYK Law Firm Expert Commentary
A legal expert from NYK Law Firm highlighted the importance of these reforms: “The new Personal Status Law UAE is a crucial step forward in balancing the rights of parents, particularly in the context of custody and child welfare. This law also offers a significant shift towards more modern and inclusive practices, ensuring better protection for children and more equality for parents. Our legal team is already advising clients on the implications of these changes, particularly in family law and custody disputes.”

 

Final Thoughts: A Step Toward Modernization
The UAE’s new Personal Status Law UAE represents a significant shift in family law, focusing on greater equality for parents and improved protections for children. These reforms reflect the UAE's commitment to modernization while preserving cultural values. As these changes take effect, it is expected that lawyers in family law will play a pivotal role in helping clients navigate the complexities of these new provisions, particularly in the areas of marriage, divorce, and custody.

 

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