In 9th January 2025, the UAE introduced significant reforms in personal status law that aim to better safeguard the well-being of children, ensure fairness in custody decisions, and strengthen parental rights. These updates impact various areas, including custody and guardianship, dispute resolution, financial support, travel rights, and legal penalties. Courts now have broader authority to consider the child’s best interests in custody decisions. Effective from 15 April 2025, these regulations are designed to safeguard minors and elderly parents.

Minimum age for marriage

One of the most notable amendments is the establishment of 18 as the minimum legal age for marriage in the UAE. This move aligns with international standards and aims to protect young individuals from entering into marriages prematurely.

Additionally, the law simplifies the process for transferring marriage guardianship to the court, ensuring a woman’s right to marry someone of her choice. If a guardian unjustly withholds consent, the court can intervene, promoting fairness and safeguarding personal freedoms.

Divorce and marital rights

The Personal Status Law also modernises divorce procedures to ensure fairness and expediency. Either spouse can now seek a divorce if the other is found to be addicted to narcotics, psychotropic substances, or alcohol, safeguarding family welfare and protecting spouses from harm.

The arbitration period for marriage dissolution has been reduced to 60 days from the previous 90 days, expediting proceedings and providing faster resolutions. In cases of divorce, the law mandates that the husband document any divorce or reconciliation within 15 days of occurrence, failing which the wife can claim compensation equivalent to alimony. Wives’ rights to the marital home are also clarified. Whether the property is owned, rented, or co-shared with the husband, the law protects the wife’s entitlement to her rightful share.

Guardianship and Custody

One of the most notable changes concerns the age at which custody is awarded. Under the previous law, mothers were granted custody of boys until the age of 11 and girls until 13. However, the new law extends the custodial rights to 18 for both boys and girls, regardless of gender. This reform aims to provide greater stability and continuity for children, allowing them to remain with their custodial parent through their critical adolescent years and into adulthood. Additionally, at the age of 15, children are now allowed to express a preference in choosing their custodial parent, acknowledging their growing independence while still prioritizing their best interests.

According to new law, parents now have one year to file custody claims, instead of six months and the courts may grant further extensions if valid reasons are provided. The new law further modified custody provisions for children facing unique challenges, such as those with medical or emotional needs. Instead of applying general custody rules, the court will now consider these individual circumstances, ensuring more personalized and thoughtful decisions that prioritize the child’s specific well-being.

Marriage gifts and dowries

The law revises rules around recovering engagement gifts and dowries if an engagement is called off. High-value gifts exceeding Dhs 25,000/- can now be reclaimed, along with gifts conditional upon marriage. If these gifts are unavailable in their original form, their equivalent value may be recovered unless they are consumable items.

Penalty for neglect or abuse of minors

The decree-law introduces stringent penalties for neglect or abuse of minors’ rights and properties. Offenders involved in unauthorised travel with children, seizing inheritance funds, or mismanaging minors’ assets may face fines ranging from Dhs 5,000 to Dhs100,000, imprisonment, or both. Those who neglect to support their parents financially when required by a court ruling are also subject to these penalties.

Furthermore, neglecting parents or failing to provide adequate care and support is now punishable under the law. This amendment underscores the UAE’s commitment to fostering intergenerational respect and care within families.

Rights of non-Muslim mothers.

For non-Muslim mothers, the law now offers more equitable treatment. Previously, custody of children under the age of 5 was automatically transferred to the father, but now non-Muslim mothers can retain custody with court approval after this age. This marks a significant step toward gender equality and gives mothers more discretion in custody arrangements.

Dispute resolution

In terms of dispute resolution, the law introduces an “Urgent Matters Court” to address disputes, particularly those related to children’s education, more swiftly. The previous system often took up to a year to resolve such issues, causing delays in a child’s educational progress. This reform ensures that important matters can be resolved quickly, minimizing disruptions to the child’s life. Similarly, the law now extends the deadline for filing custody claims from six months to one year, allowing more time for parents to navigate the complexities of legal procedures and make decisions in the best interests of the child.

Maintenance

Maintenance and financial support have also been addressed with several significant reforms. Alimony is now given precedence over other debts, ensuring that custodial parents receive the financial support they need in a timely manner. Additionally, the law allows wives to claim backdated maintenance payments for up to six months, helping protect their financial rights in cases where payments were delayed. Family support can now include in-kind contributions, such as housing or educational expenses, alongside cash-based support, offering more flexibility in meeting a family’s needs.

Travel and penalty for its violations

Parental travel rights have been made more equitable as well. Previously, one parent could restrict the other from taking the child abroad, but now both parents have equal rights to travel with their child for up to 60 days annually. This change aims to reduce conflicts over travel arrangements and ensures that both parents are equally involved in their child’s experiences and upbringing.

Document handling has also become stricter under the new law. There are now severe penalties for the misuse of children’s travel documents, including hefty fines and potential jail time, which helps protect children’s identities and prevent any unauthorized travel. Additionally, legal penalties for custody and travel violations have been strengthened, ensuring greater accountability and compliance with custody laws, ultimately protecting the child’s best interests.

Flexible judicial powers

Family court judges are granted the authority to rule in cases where specific provisions are absent, relying on Islamic principles without adhering to fixed schools of thought. This flexibility ensures rulings align with public interest while maintaining justice and equity.

In conclusion, the 2025 personal status law reforms represent a significant step toward a more balanced and child-centric legal system. By ensuring that children’s needs are prioritized in custody and guardianship decisions, streamlining dispute resolutions, enhancing financial support, and strengthening legal penalties, these changes are designed to create a more stable and supportive environment for children and their families. The new laws reflect a broader societal shift toward fairness, equity, and the protection of children’s rights in family law.