UAE Personal Status Law 2025: Major marriage reforms, custody and parental rights

Dubai: From today, the UAE’s new Personal Status Law has come into force. Federal Decree-Law No. 41 of 2024 places greater emphasis on balancing parental rights, safeguarding child welfare, and introducing more modern provisions for Muslims residing in the UAE.

The legislation imposes stricter penalties, ranging from Dh5,000 to Dh100,000, for offences such as assaulting a minor’s property, unauthorised travel with a child, abuse, neglect, or failing to provide adequate care and support for parents when required. The new law replaces Federal Law No. 28 of 2005 on Personal Status.

“The UAE’s new Personal Status Law, Federal Decree Law No. 41 of 2024 has broad and inclusive scope. By default, the law applies to UAE citizens and residents. However, non-Muslim citizens and certain UAE residents can opt for a different law. Furthermore, the new law may also apply to non-UAE residents, under certain conditions,” Ludmila Yamalova, founder and managing partner of HPL Yamalova and Plewka DMCC, told Gulf News.

Yamalova provided a detailed breakdown of the law’s scope and the groups impacted by the recent changes:

Non-Muslim citizens - Non-Muslim UAE citizens can either:

UAE residents (in general) - By default, the new Personal Status Law applies to all UAE residents.  This is unless they have the option, and choose to apply a different law. 

Non-Muslim UAE residents can choose to apply:

The law may also apply to non-residents in specific circumstances, such as:

Legal experts have highlighted transformative reforms introduced in the updated Personal Status Law, aiming to enhance family stability and equality.

As per the Personal Status Law, the minimum legal age for marriage is 18 years old. 

“This is the same as was the case under the previous 2005 UAE Personal Status Law and, in particular, as per the 2019 amendment.  Women who are below the age of 18 and wish to marry – require a judge’s approval,” Yamalova said.

A new provision introduces restrictions on age differences in marriage.

“Marriages involving a woman marrying someone 30 years her senior require a judge’s approval, if she has not been previously married,” she highlighted

“Muslim women, who are residents of the UAE, and wish to get married in the country, may no longer need a guardian to approve their marriage if their home country's laws do not require the consent of the guardian to get married,” she added.

Muslim expatriates can now choose to apply their home country’s laws for personal matters such as marriage, divorce, custody, and inheritance.

“More specifically, Muslim UAE Residents have the option to apply either: 1) their own country’s law or 2) any other laws, which they might have opted into. For example, Muslim UAE residents may opt to be subject to civil laws, such as the Abu Dhabi civil laws,” Yamalova noted.

The law addresses financial disputes arising from broken engagements.

“At a high level, any items given during the engagement are considered a gift unless they constitute a part of the mahr (or dowry). As per the new law, if parties break off the engagement, all gifts of considerable value (meaning above Dh25,000 per gift) must be returned. Similarly, any dowry paid in advance must also be refunded. However, if the engagement ends for no fault of either party, or either party passes away, the gifts do not need to be returned,” she said.

Furthermore, the new law introduces structured and detailed rules for resolving disputes, reducing reliance on judicial discretion.

"The end of custody age is now 18, a reduction from the previous age of 21, with daughters remaining under custody until marriage. However, judges may still refer to Sharia when the law does not provide a definitive provision on a matter. Children aged 15 and above now have the right to choose their custodian, while visitation rights remain reserved for the other parent," Diana Hamade, founder and managing partner of Diana Hamade Attorneys at Law, explained.

Hamade noted that the change of the custody age is an international standard, which may put the child at odds with finances after 18 years old.

“However, it is important to note that the law shall apply Sharia and local cultural and social standards, which until now hold a parent responsible for the finances of the child until at least they finish university,” she said.

“Protecting children from the repercussions of a divorce is the ultimate goal of every legislator, and the provisions related to child custody in the new law are all based on the best interest of the child. This is evident by giving a child the option to move in with the custodian they select,” Hamade noted.

Hamade also explained that involving child psychologists through the relevant authorities in custody disputes is a positive step in protecting children. “Child abuse is also a matter that the law has addressed by rendering a parent unfit for custody if the children are subject to abuse by that parent,” she said.

Hamade also explained that the law also includes penalties for negligence and abuse of children and elderly parents, as well as for leaving the country with children without the father’s consent.

She added that the amendments have removed non-Muslim mothers not having the right to claim custody over their children over the age of five.

According to legal experts, under the previous law, mothers faced limited custody rights, with custody ending when their sons turned 11 and daughters turned 13. Travel rights were also a contentious issue, with no clear mechanism to resolve disputes when one parent wanted to travel with the child. Additionally, financial and custodial protections were inadequate, leaving many custodial parents vulnerable.

Nita Maru, managing partner and solicitor of TWS Legal, highlighted that these reforms are not just about legal updates, they represent a societal shift.

“For mothers, custody rights are now extended until children turn 18. As someone who has spent years advising families on custody matters, I can confidently say this is a monumental change. It allows for longer stability and ensures that children are cared for and supported by their mothers during their formative years,” she said.

As per Article 116 of the new law, either parent can travel alone with their child on one or more occasions a year, for up to 60 days each. This period can be extended in special circumstances, such as medical treatment or other needs.

"The new travel provisions are a game-changer in reducing conflict. By giving both parents equal travel rights and ensuring greater accountability for document usage, the law prioritizes child welfare while minimizing disputes that often arise post-divorce. These measures address key pain points that custodial parents have faced for years,” she added.

This article was originally published on January 14, 2025 and has been updated since.