The UAE government has issued a series of changes to its family laws through the recently passed new personal status law, namely Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status. The law will be enforced in the country in April 2025 and will be applicable to Muslims in the UAE, both nationals and expats. The law will be applied to ongoing cases in the court that have not received a final order. The new law has made changes in provisions related to grounds for divorce, child custody and alimony, among others. Divorce lawyers in Dubai are studying the new law and analyzing the impact it will have on the family legal system in the UAE.
Custody Laws
One of the most significant changes under the new law is the change in the age of custody. The custody of children has been raised to 18, regardless of the gender of the child. In a custody ruling, custody is generally granted to the mother. Previously, mother's custody extended until a male child turned 13 and a female child turned 11. However, the new law not only raises the age of custody, but also makes it uniform, regardless of the gender of the child. Among other changes in laws related to child custody, a non-Muslim mother's custody over a minor child may be extended beyond the age of 5, as per the discretion of the court. The law has also made procedural changes to obtaining educational guardianship, enabling parties to approach the Urgent Matter Court to ensure speedy judgements.
Termination of marriage
The new law has brought in certain changes to the provisions regarding grounds for divorce.
- Divorce due to substance abuse
The law now specifically states that using drugs, alcohol or other psychotropic substances is a valid ground for divorce. Although parties currently use this ground to obtain a divorce, the current law under Federal Decree Law No. 28 of 2005 does not explicitly list this reason as a ground for divorce. Rather, the reason is raised as per established rulings of the Court of Cassation. - Divorce due to medical conditions
The law has also made changes to the conditions governing divorce due to medical conditions that prevents the parties from engaging in marital activities. As per the new law, if a spouse invokes this ground for divorce, the court has the authority to appoint an expert to evaluate such medical conditions and to grant one year time for medical treatment to the spouse who requires it, before granting the divorce. - Divorce due to abandonment
If a wife is abandoned by her husband, she may request for a divorce after waiting for 6 months. The older law set this waiting period as one year, but the new law has shortened the time period. However, the wife is now required to give a 6 months' notice to her husband to return to the marital house or enable the wife to join him at his new residence. - Divorce due to the imprisonment of the
husband
The law allows a woman to seek a divorce if her husband is imprisoned for more than three years, and has served at least one year of the imprisonment. The new law has laid down two additional requirements to invoke this ground, stating that the divorce will not be issued unless there is more than 6 months left before the husband is released from prison, and the divorce request will not be accepted if the husband is released within the time the litigation process is completed.
Dubai family lawyers will understand the practical aspect of the law, once the law comes into effect on the 15th of April 2025. The legal experts of family law in the UAE will now adapt these new changes in their practice and advise on their clients matters.
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