Navigating Family Law Changes in the UAE: What’s New in 2025?
Highlighting the Significant Changes Brought in UAE’s Family Law
In the UAE, family law is shaped by a mix of Islamic Sharia law, civil law, and federal regulations. Federal Law No. 28 of 2005 covers important matters like marriage, divorce, child custody, inheritance, and alimony, and is largely based on Sharia principles, and typically handled in either Sharia or civil courts, depending on the individual’s religion and nationality.
The introduction of Federal Decree Law No. 41 of 2024, scheduled to take effect on April 15, 2025, will soon bring about major alterations, designed to modernise the legal system to go hand in hand with international standards while maintaining the country’s cultural values.
Main Reforms in the New Law
Termination of Marriage:
Previously, UAE law was automatically applied to personal status matters unless the couple opted for a different legal system. Under the new law, both parties can now mutually decide which legal framework will govern their marriage, provided it does not conflict with public order or moral values.
Child Custody:
The custody age has been extended to 18 for both boys and girls, providing greater stability and support throughout their formative teenage years. Additionally, both parents now have equal rights to travel with their children for up to 60 days annually, promoting a more balanced and fair approach to shared parenting.
Parental Responsibilities:
The new law promotes equal involvement of both parents in raising their children, moving away from the previous model where one parent held primary custody and the other had limited visitation rights. This marks a shift toward more balanced, cooperative parenting and shared responsibilities.
Traveling with Minor Children:
Under the new law, parents are not allowed to take their minor children abroad without the other parent's consent. Doing so can lead to criminal charges. This change is meant to protect the child’s well-being and avoid conflicts between parents.
Marriage Regulations:
The law sets the minimum age for marriage at 18, aiming to prevent child marriages and protect the rights of young individuals.
Financial Support and Alimony:
The updated law sets clearer rules for alimony and child support, making sure both parents share the financial responsibility. They also allow for changes when circumstances shift. Should a parent experience a significant shift in their financial situation, the child support payments can be revised to match their new situation ensuring the child’s needs continue to be met.
Penalties for Neglect or Abuse:
Stricter penalties have been introduced under the amended Personal Status Law for the neglect or abuse of minors’ rights and property. Offenders may face fines ranging from AED 5,000 to AED 10,000, and in serious cases, imprisonment. These reforms reflect the UAE’s commitment to modernizing its legal system, reinforcing family stability, and safeguarding the rights of all family members.
