In United Arab Emirates, social and legal norms have traditionally placed strong importance on marriage as the foundation of family life. For many years, living together without marriage was considered a criminal offence under the UAE Penal Code (Federal Law No. 3 of 1987) and was treated as a form of extramarital relationship, punishable under morality-related provisions.
However, recent legal reforms, particularly through Federal Decree-Law No. 15 of 2020, have changed this position. Consensual cohabitation between unmarried adults is no longer treated as a crime. Although, such relationships are not legally recognised as equivalent to marriage, and the legal rights and protections available to spouses continue to arise only from a valid marriage under UAE law.
Legal Reform in 2020
In 2020, the UAE introduced major social and legal reforms through Federal Decree-Law No. 15 of 2020, which amended several provisions of the Penal Code.
One of the key changes was the decriminalization of consensual cohabitation between unmarried adults. This reform means that:
- Unmarried couples can legally live together in the UAE.
- Authorities generally do not treat cohabitation as a criminal offense if both individuals are consenting adults.
- This applies to both UAE nationals and expatriates, although practical application may vary.
- Tourists and expatriates are no longer required to prove marriage when renting a property together.
Current Legal Position
Under the current framework of the UAE Penal Code (Federal Decree-Law No. 31 of 2021):
- Consensual cohabitation between unmarried adults is not a crime.
- However, sexual relations involving married individuals (adultery) can still be punishable if a complaint is filed by the spouse.
- Cohabitation does not create any legal rights similar to marriage.
- Any heterosexual couple, or opposite sex people, can live together in UAE, yet it falls under some conditions such as: the man or woman should not be married outside and cohabiting with each other, as this situation is seen as adultery and treason standing in violation of the law and will be classified as a crime.
Legal Implications
Even though living together is no longer criminalized, certain legal issues remain.
i. No Family Law Recognition
UAE’s personal status law recognizes only legally registered marriages. Cohabiting partners do not receive legal protections related to inheritance, spousal maintenance and marital property rights. These matters are governed by UAE Personal Status Law (Federal Decree-Law No. 41 of 2022).
ii. Children Born Outside Marriage
Recent reforms also acknowledged this issue. Parents can register a child born outside marriage, provided that both parents acknowledge the child and comply with registration procedures.
iii. Immigration and Sponsorship
Cohabitation does not grant any visa or sponsorship rights. Only legally married spouses can obtain dependent visas.
iv. Practical Implications
While cohabitation is generally tolerated after the reforms, couples should note:
- Government institutions (courts, immigration, family law authorities) recognize only marriage for legal rights.
- Certain housing providers or landlords may still require a marriage certificate as a private policy.
Conclusion
Living together in UAE is no longer a criminal offense following the 2020 legal reforms. UAE is striving to create a more inclusive environment for the global workforce and tourists. These legal changes reflect a desire to bring into line with international norms without losing cultural identity. However, cohabitation does not have legal recognition equivalent to marriage, and partners do not receive the rights and protections that married couples enjoy under UAE law.
Our team at Ayesha Al Dhaheri Advocates and Legal Consultants, provides legal guidance on latest reforms in UAE laws and regulations, including matters related to cohabitation and personal status. If you wish to gain a deeper understanding or discuss any related legal concerns, we are here to assist you.