Key Provisions and Amendments
Federal Decree-Law No. (41) of 2024, concerning the issuance of the Personal Status Law, will come into effect on April 15, 2025. This law aims to establish a balanced framework for regulating family relationships while safeguarding individual rights. Below, we outline the key provisions and amendments introduced by the law.
Engagement and Gifts
Both parties have the right to cancel the engagement without any restrictions. Engagement gifts are considered ordinary gifts unless proven to be part of the dowry. Gifts may be reclaimed under certain conditions, including if they were given with the expectation of marriage or exceed AED 25,000, provided they are still in existence. Consumable gifts or those returned in the event of death of either party are excluded from this provision. The fiancรฉ also retains the right to reclaim the dowry if the engagement is broken off prior to marriage, contingent on the fulfillment of any relevant conditions.
Marriage
Eligibility Marriage eligibility is attained upon reaching the age of 18. Marriage is prohibited for individuals under this age, unless authorized by the court after confirming the presence of valid interests. If there is an age difference of more than 30 years between the parties, court approval is required.
Marriage Guardianship
Guardianship follows a defined order, starting with the father, then the grandfather. The woman retains the right to choose her guardian. If the guardian is absent or unresponsive, guardianship will be transferred to the court, with the judge assuming responsibility in cases where no guardian exists.
Custody
Custody terminates when the child reaches the age of 18. However, custody may be extended if the child is ill or unable to support themselves, provided that this extension serves the childโs best interests.
Personal Status Offenses
The law imposes imprisonment and a fine of up to AED 100,000 on any individual who damages or misuses a minorโs property. Additionally, a fine of up to AED 50,000 may be levied on a custodian who travels with a child without court or guardian consent. Those who unlawfully seize or misuse inheritance funds may face imprisonment and a fine of up to AED 100,000. A fine of up to AED 100,000 will also apply to individuals who neglect their parents or fail to provide support when required by a court ruling.
Certain criminal lawsuits under this law may only be initiated upon the complaint of the concerned party and may be withdrawn by waiver before a final judgment is issued. These include offenses such as traveling with a child without the guardianโs or courtโs approval, misuse of a childโs document or image, concealment, squandering, or fraudulent seizure of inheritance assets (even by heirs), and neglecting to provide parental support as mandated by a court order. This law introduces a modern and balanced approach that both preserves cultural values and accommodates legal advancements, ensuring the stability of Emirati families and promoting social justice.
