The new Federal Decree-Law No. 41/2024 came into force on 15th April 2025. This “new law” is more codified and detailed compared to the “old” law (Federal Decree Law No. 28 of 2005 on Personal Status, as amended) and aims to provide an inclusive and flexible legal framework for personal status matters by accommodating the diverse population residing in the UAE. It also provides detailed provisions specifying greater legal clarity. The law applies to Muslims and Non Muslims (anyone who has a domicile, residence, or place of work in the UAE). The new law will be applied unless the citizen insists on applying their own Country’s laws or any other law permitted under UAE legislation.
Outline of Some Key Differences Between the New Law and the Old Law
Judicial Flexibility
The new law provides judges with more flexibility while making rulings, allowing consideration of the best interest of the parties, whereas the old law was comparatively less flexible due to reliance on various schools of thought.
Calendar Reference
The new law follows the Georgian calendar, whereas the old law followed the lunar calendar.
Marriage
| Aspect | New Law (Federal Decree-Law No. 41/2024) | Old Law (Federal Decree Law No. 28/2005) |
|---|---|---|
| Definition of Marriage | Defines marriage as the care of the family by both spouses; highlights the rights of both partners. | Defines marriage as the formation of a steady family under the husband’s care. |
| Minimum Age for Marriage | Sets the legal age at 18; includes regulations for underage marriage. | States 18 as the minimum age for marriage. |
| Age Gap Provision | Specifies that the age difference between spouses should not exceed 30 years. | No specific provision on maximum age difference. |
| Guardian Consent | Allows a woman to marry without guardian consent by applying her home country’s laws or having the court act as guardian if objections arise. | Requires the woman’s guardian’s (typically the father’s) consent as mandatory for marriage. |
Divorce
| Aspect | New Law (Federal Decree-Law No. 41/2024) | Old Law (Federal Decree Law No. 28/2005) |
|---|---|---|
| Grounds for Divorce | Wife can seek divorce if husband abstains from marital relations for over 6 months. | Wife can seek divorce if husband swears not to have marital relations for 4 months and no reconciliation occurs. |
| Living Arrangements in Polygamy | Allows co-residence of wives in the same building if each has a near-complete degree of independence. | Requires the husband to provide a similar standard of living and separate dwellings for each wife. |
| Spousal Maintenance Duration | Wife can claim spousal maintenance for up to 2 years from the date of claim. | Wife could claim spousal maintenance for up to 3 years. |
| Referral to Family Reform Centre | Required only in exceptional cases (e.g., inheritance, urgent custody, alimony, non-citizen Muslim women’s marriages without guardians, etc.). | Mandatory referral to Family Reform and Guidance Centre. |
| Definition of Khula (Wife-Initiated Divorce) | Defined as a separation. | Defined as a contract. |
| Provisions for Dowry and Gifts | Adds more structured provisions and separate clauses for dowry and gift redemption. | Primarily includes basic provisions regarding dowry. |
Children
| Aspect | New Law (Federal Decree-Law No. 41/2024) | Old Law (Federal Decree Law No. 28/2005) |
|---|---|---|
| Custody with Parent of Different Religion | Court decides based on the best interest of the child, even if the mother is of a different religion than the child. | Custody by a mother of a different religion ends when the child turns 5, unless the court decides otherwise. |
| Child’s Right to Choose Custodian | Child has the right to choose which parent to live with at age 15. | No specific right to choose stated. |
| End of Custody Age | Custody ends at age 18 unless extended due to conditions such as mental illness. | Custody ends at age 11 for male children and at age 13 for female children under the mother’s care. |
For further advice in relation to marriage or any other family matter, please contact our family law lawyers at family@jamesberrylaw.ae or Dee Popat on dee@jamesberrylaw.ae
Head of Family Law / Senior Consultant