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New Personal Status Law: Key Changes for Families
The New Personal Status Law: Key Changes That Concern Families
The UAE issued the new Personal Status Law as part of an advanced legislative framework aimed at family stability and protecting the rights of the wife, children, and parents. The law adopts the provisions of Islamic Sharia and allows the judge, in the absence of a governing text, to choose the most appropriate solutions according to interest, then custom, in a manner that does not conflict with Sharia or public order. Below is a quick comparison between the old and new laws, followed by the key changes in detail.
1- Unified Marriage Age at 18 Gregorian Years
The new law set the completion of marriage eligibility at sanity and the person reaching 18 Gregorian years, and prohibited documenting a marriage contract for anyone who has not reached this age — whether male or female — except with permission from the court after verifying the existence of an interest, and in accordance with controls issued by a Cabinet decision. It also granted anyone under 18, if their guardian refuses to marry them off, the right to refer the matter to the court to decide upon it according to interest.
2- The Dowry Is the Woman's Exclusive Property, with Clear Regulation of Its Deferral
The law affirmed that the dowry is money the man pays to the woman under the marriage contract, that it is her property which she cannot be compelled to dispose of in any way, and that no conflicting condition shall be recognized. It permitted agreement in the contract to defer all or part of the dowry; if deferral is not stipulated and no time is set for its delivery, it must be delivered upon demand. In all cases, the dowry falls due upon irrevocable separation or the death of one of the spouses.
3- Independent Financial Liability and the Right to Share in Growing Wealth
Each spouse has a financial liability independent of the other; the wife is free to dispose of her own funds, and the husband may not dispose of them without her consent. More importantly, the law established a significant practical right: if one spouse shares with the other in growing wealth, building a home, or the like, they may have recourse against the other party or the heirs for their share in it — which protects the wife's financial contributions within the family.
4- Divorce: A Single Repudiation and Mandatory Documentation Within 15 Days
To preserve family cohesion, the law provided that a repeated divorce or one coupled with a number — whether by word, writing, or gesture — takes effect only as a single repudiation. It also obliged the husband to document the divorce before the competent court within a maximum of 15 days from the date it was pronounced; if he does not document it within that period without an excuse accepted by the court, the wife is entitled to compensation equal to maintenance from the date the divorce occurred to the date of its documentation.
5- Custody Extends to 18 Years for Both Sexes
Among the most important matters for families: under the old law, women's custody ended when the male reached 11 years and the female 13 years (with possible judicial extension). The new law makes custody end when the child reaches 18 Gregorian years, for both male and female; and if the child suffers a disabling illness or the like, custody continues for their benefit.
Custody is a right of the child, and it rests on both parents as long as the marriage subsists; if they separate, it goes to the mother, then the father, then the mother's mother, then the father's mother, and the court may decide otherwise based on the child's interest — which the law gives precedence over all else.
6- Educational Guardianship for the Custodial Mother
The law introduced an important provision that does justice to the custodial mother: it granted her educational guardianship over the child in a manner that serves their interest, as an exception to the principle that the guardian supervises education. In the event of a dispute over what serves the child's interest, the matter is referred to the judge of urgent matters to issue a decision that takes the guardian's means into account, without prejudice to the custodial mother's right to educational guardianship.
7- Traveling with the Child and Safeguarding Their Documents
The custodial parent may travel with the child outside the country with written consent from the other parent, and the court may authorize travel for a period or periods not exceeding a total of 60 days per year against a guarantee it accepts, with the possibility of exceeding that for treatment, necessity, or the child's interest. The guardian may keep the child's passport except at the time of travel, when it is handed to the custodian; and the custodian may keep the original birth certificate, the ID card, and all other identity documents.
8- Visiting the Child (Visitation)
If the child is in the custody of one parent, the other may visit, host, accompany, and have the child stay overnight as the two agree; in the event of disagreement, the court decides what it deems fit according to the child's interest. The visitation ruling is enforced compulsorily if the custodian refuses, and the enforcement judge may — by agreement of the parties — amend the times and places of visitation in a manner that serves the child's interest.
9- Maintenance: An Expanded Concept and Children's Maintenance
The law defined maintenance as a right of the person entitled to it, covering the necessities and basic needs of food, clothing, housing, treatment, and education according to custom; in assessing it, the provider's capacity, the condition of the person provided for, and the economic situation in terms of time and place are taken into account. Maintenance of a young child who has no money is due from the father until the girl marries or works, and until the boy reaches the capacity to earn, unless he is a student continuing his studies with the usual success.
10- Penalties That Protect Minors and Parents
The law introduced deterrent penalties for acts that affect the family. Below are the most prominent according to the text of the law:
It is worth noting that the criminal case for the acts in Articles 252, 253, and 254 is brought only upon a complaint by the concerned party, and the case lapses by waiver before it is decided by a final judgment; if the waiver occurs after the judgment becomes final, its enforcement is suspended — making room for reconciliation within the family (Article 255).
Legal References
2- Federal Law No. 28 of 2005 on Personal Status (repealed).
3- Regulatory decisions issued by the Federal Judicial Council in implementation of the new Personal Status Law, including Decision No. 68 of 2025 on the regulation of visitation of children in custody.
4- The Civil Procedure Law.
Our legal team is ready to assist you accurately and confidentially in everything related to the new Personal Status Law.Frequently Asked Questions
Reach us on WhatsApp — a quick reply; don't postpone your legal consultation.AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS in Dubai provides integrated services in cases of marriage, divorce, khula, custody, maintenance, the documentation of rulings, and proof of divorce, while following up procedures before the Dubai Courts and the family reform and guidance centres, and drafting agreements that safeguard the rights of the family and children under the new law.
We serve clients in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah, and Fujairah, and we handle personal status cases and consultations before the federal and local courts across the country, ensuring that every family gains a precise understanding of its rights and duties under the new Personal Status Law.