The new personal status law under Federal Decree Law No. 41 of 2024 (“New Law”) has been enforced in the UAE since April 15, 2025 and the old family law under Federal decree Law No. 28 of 2005 (“Old Law”) is now officially abrogated. The New Law has brought in significant changes to the areas of marriage, divorce, child custody and alimony.This article offers a comprehensive study of the changes in the New Law:
General Changes
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All time periods to be calculated as per the Gregorian calendar
Article 2 of the New Law states that all time periods will be calculated as per the Gregorian calendar. The Old Law followed the lunar calendar. But now, age of majority for marriage, child custody and legal capacity will be determined as per the Gregorian calendar.
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Choice of Applicable Law
As per the Old Law, parties were allowed to apply the personal laws of their home country in family matters. After the Old Law underwent an amendment, it allowed the laws of the place of marriage to be a choice of law that can be applied in family matters.
The New Law under Article 1(2) states that parties can mutually determine which law is to be applied in the case.
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Submission to Family Guidance
The Old Law required the submission of family cases for mediation to the family guidance department before the case was to be presented before the judge.
However, the New Law under Article 8 states that family cases will be reviewed by the court, which will then decide whether the case can benefit from mediation. Only if the court decides to refer the case to mediation will the case be referred to the family guidance department.
Changes in Regulations Around Marriage
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Engagements Gifts
As per Articles 13 and 14, gifts given as part of the dowry, and gifts exceeding the value of AED 25,000 must be returned in case the engagement is discontinued.
However, perishable or consumable items and gifts valued less than AED 25,000 need not be returned in the event of the breakdown of the engagement.
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Void Marriage in Case of Large Difference in Age Between the Parties
As per Article 19 of the New Law, in case of an unmarried woman, the age difference between herself and her future husband must not exceed 30 years.
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Proof of Lineage
Under the Old Law, children born in a marriage that was null and void were not given the right of lineage.
However, the New Law grants these children the right of lineage even if the marriage is null and void.
Changes in the Process of Divorce
- Usage of drugs, alcohol and psychotropic substances as a ground for divorce
Article 80 of the New Law states that the usage of alcohol, drugs, and psychotropic substances is a ground for divorce. Although this reason was used to obtain a divorce prior to the enactment of the New Law, it was not part of the Old Law. Rather, it was recognised as a ground by judicial precedent. However, after the issuance of the New Law, substance abuse is now a ground for divorce as per law. - Divorce due to illnesses
Medical issues that prevent the continuation of marital relations remain a ground for divorce, as under the Old Law. However, the New Law alters certain conditions. As per Article 69, if a person seeks divorce under this ground, the court may appoint an expert to determine the nature of the illness and may also grant a one-year grace period for treatment before granting divorce. - Divorce due to abandonment
The abandonment ground has undergone changes. Under the Old Law, a spouse could seek divorce after being abandoned for more than a year. The New Law, under Article 79(1), reduces this period to six months. After six months of abandonment, the wife must give a six-month notice to the husband to either return to the marital home or enable her relocation to his new residence. - Divorce due to detention
Detention continues to be a valid ground for divorce. Under the Old and New Law, a wife may seek divorce if her husband is sentenced to at least three years and has served one year. Article 79(3) introduces two new conditions: the husband must remain imprisoned during the proceedings, and at least six months must remain in his sentence. - Changes in Khula provisions
Article 68 mandates that if khula is invoked, it must be registered in court within 15 days. Any interested party may prove this by any means before the court.
Changes in Laws Regarding Child Custody
- Age of custody
One of the most significant changes is the age of custody. Under the Old Law, custody was granted to the mother until the son turned 11 and the daughter 13. Article 123 of the New Law increases this to 18, regardless of gender. - Children’s right to choose
Article 122 allows children aged 15 and above to choose between their parents, unless the court finds the choice contrary to the child’s best interest. - Educational guardianship
According to Article 112, the mother will have educational guardianship. If found inefficient, an application can be made to the Urgent Matters Court to transfer guardianship to an eligible person. - Implied consent
The Old Law required action within 6 months upon discovering a custodian’s ineligibility. Article 115 extends this to one year. - Right of the mother to custody under certain circumstances
Article 120 states that a mother does not lose custody for abandoning the marital house. Article 113 adds that a non-Muslim mother may retain custody beyond age 5, subject to the court’s discretion. - Possession of children’s documents
Article 117 allows the father to hold the child’s passport and the mother the ID. Article 124 allows the guardian to reclaim the ID from the mother if misused. Articles 251 and 252 impose penalties or imprisonment for refusal to hand over or misuse documents.
Changes in Laws Regarding Maintenance and Alimony
- Backdated expenses reduced to two years
Article 99 reduces the allowable period for claiming backdated expenses from three years (under the Old Law) to two years. - Family support not restricted to monetary payments
Article 96 clarifies that family support may include non-monetary contributions. - Request for increased maintenance
Under the Old Law, a request for increased maintenance was allowed after one year. Article 97 now allows retroactive increases from up to six months prior to the request. - Rights over jointly owned property
Article 105 prohibits renting or allowing third-party use of jointly owned property without mutual consent, even if the third party is a relative. - Extinguishing the wife’s right to maintenance
Article 103 adds that a wife will lose her right to maintenance if she refuses to travel with her husband without justification, in addition to the existing grounds under the Old Law (abandonment of marital house or denial of conjugal rights). - Maintenance of the daughter
Article 106 provides that a father is no longer required to maintain a daughter who is divorced or widowed if she is employed and capable of supporting herself. - Family support to take precedence over other debts
Article 98 categorises family support into: (a) continuous maintenance for daily needs, and (b) backdated expenses. If a man becomes bankrupt, continuous maintenance is treated as a priority debt, while backdated expenses are considered standard debt.
Written By: Dr. Hassan Elhais, legal consultant in Dubai along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, company incorporation, and arbitration.
