UAE: New marriage, custody rules as law goes into effect April 15
The federal personal status law will undergo amendments that take effect on April 15. The new legislation brings forth regulations for previously unregulated matters. According to government officials the new law provisions deliver flexibility alongside simplified procedures and a unified approach to concepts and legal durations.
The federal law established rules concerning marriage consent requirements along with custody age restrictions and divorce procedures in January. Here are the key provisions:
Right to choose spouse: Women have the legal freedom to select their marriage partners despite any objections from their guardians. The law states that Muslim women who hold non-citizen status can marry without guardian permission when their nationality laws do not require a marriage guardian.
Marriage age: The legal age for marriage stands at 18 years according to the decree. When someone aged over 18 wants to get married but encounters their guardian's refusal they can take their case to a judge.
The legislation enables couples below the age of majority to handle their marriage affairs independently without requiring a legal guardian or custodian.
Age difference: A court must approve marriages when the age gap between her and the suitor surpasses thirty years. Legal definition of engagement: Engagement means a man asks a permissible woman for marriage with a promise of marriage yet remains distinct from marriage.
The proposal acts as both a marriage request and promise yet it remains distinct from marriage itself.
Returning gifts given if engagement is called off: Gifts which were given under the condition that marriage must be finalized can be returned. Gifts valued over Dh25,000 can be returned either as the original item or its monetary worth at the time of receipt as long as they are not consumables.
Marital home: The wife must live with her husband in an adequate marital home except when the marriage contract states differently.
Certain categories may live within the marital home.
A husband who financially supports his parents and children from previous marriages can live in the marital home with his wife provided this arrangement does not negatively affect her.
The wife has the right to live in her marital home with her children from another marriage provided they lack another guardian or face potential harm from her departure and the husband has given explicit or implicit approval. The husband maintains a right to exit the situation if he suffers harm from this agreement.
Both spouses who hold ownership rights to their marital residence cannot permit others to take up residence there without mutual consent.
Custody and parental rights: The legal framework states individuals can leave home or work without breaking marital duties because it stresses how family welfare should guide actions.
The new amendments to custody laws focus on giving priority to the ward's interests as the main consideration while eliminating custody rights disputes between divorced parents.
The legal age at which custody ends has been adjusted to 18 years for both males and females which removes earlier inconsistencies. Children aged 15 years and older now have the legal right to select their preferred parent to live with. The law gives educational decision-making power to the custodial mother to protect the child’s best interests.
People who turn 18 years old maintain custody of their passports and identification documents unless a judge decides otherwise.
Legal documents stay with the custodian as long as they serve no travel purpose without guardian or court approval and are not applied against the guardian's interests or used unlawfully.
The guardian may ask for the legal papers after a rule violation but the custodian can only receive them again with court approval and when it serves the ward's best interests. The legal documents' acquisition and renewal costs fall to the father's responsibility.
Penalties: The new legislation imposes severe punishments including jail time or fines between Dh5,000 and Dh100,000 for misappropriating minors' property and traveling with wards without permission as well as parental neglect.
Gregorian calendar used in calculations: This law uses the Gregorian calendar for all specified time periods unless another calendar is indicated.
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