Introduction of 'Tatleeq' (Court-Ordered Divorce): The New law codifies Tatleeq, allowing either spouse to petition the court for divorce under specific circumstances, such as the other spouse's addiction to drugs or alcohol. This establishes clearer grounds for divorce, which were previously undefined, with the aim of better protecting family welfare.
Arbitration Period: Under the New law the arbitration period for marriage dissolution has been reduced from 90 to 60 days, expediting the divorce process.
Mandatory Documentation: Husbands must now officially document any divorce or reconciliation within 15 days. Failure to do so permits the wife to claim compensation equivalent to alimony. Additionally, the New law clarifies wives' rights to the marital home. Whether the property is owned, rented, or co-shared with the husband, the law protects the wife's entitlement to her rightful share.
Extended Custody Age: Custody rights have been extended to 18 years for both boys and girls, providing greater stability for children. Also, the New law allows children aged 15 and above to choose their preferred custodian, acknowledging their maturity in such decisions.
Financial Responsibilities: Like before, fathers are responsible for financially supporting their children until they become self-sufficient. However, if an adult child has a disability and cannot earn an income, the father must continue supporting them. Also, the father is still obliged to ensure their basic needs are met even if the child has an income. Alternatively, under the New law if the father is unable to provide financial support, the mother is obliged to contribute, if possible, however with the right to seek reimbursement.
In terms of concluding marriages under the New law, expatriate Muslim women residing in the UAE may no longer require a guardian's approval to marry if their home country's laws do not mandate such consent. Also, Muslim expatriates in general can now choose to apply their home country's laws or other opted-in laws for personal matters such as marriage, divorce, custody, and inheritance.
The New law applies to ongoing divorce cases from its effective date. As a result, current proceedings may be influenced by the updated regulations, particularly in areas such as custody arrangements and financial settlements.
Marriage and Divorce Documentation: Marriages, divorces, and reconciliations must be documented in a timely manner. As mentioned above, as per the New law husbands must officially record any divorce or reconciliation within 15 days. Failure to comply allows the wife to claim compensation equivalent to alimony.
Financial Support Records: Under the New law maintaining detailed records of financial support provided to children and spouses is essential, particularly in cases involving reimbursement claims or disputes.
Penalties for Neglect or Abuse: The New law introduces stricter penalties for neglect or abuse of minors' rights and property, with fines ranging from Dh5,000 to Dh10,000 and potential imprisonment for serious offenses. These reforms aim to deter harmful practices and uphold children's rights.
New Age Gap Rule for Marriages: A new provision under the subject law imposes restrictions on significant age differences in marriage. If a woman intends to marry someone 30 years her senior and has not been previously married, she requires a judge's approval.
Equal Travel Rights: Both parents now have equal rights to travel with their children for up to 60 days annually, ensuring fairness in parental responsibilities.
In conclusion, as we approach the implementation of the new Personal Status Law in April 2025, it remains to be seen how its provisions will be invoked and applied in practice. While the legislation marks a significant step toward modernization and aligns with evolving social norms, only time will tell how effectively it will be integrated into the legal system and its impact on individuals and families. Legal professionals along with the general public, will likely face a learning curve as they navigate these changes, and the practical outcomes of the law will undoubtedly unfold in the coming years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
