The United Arab Emirates (UAE) has a strong legal system where everyone feels safe. No matter what religion or caste you belong to, your rights are respected by everyone, and they have the same expectations from you. The Personal Status Law resolves issues related to family life, such as inheritance, marriage, divorce, and post-divorce matters, including child custody and alimony.
Changes in the UAE Personal Status Law
There have been recent developments in the UAE Personal Status Law. It has made family and personal life easier for the citizens.
â—Ź New Marriage Law in the UAE
Previously, the UAE followed Sharia law for marriage; even non-Muslims had to have a guardian and witnesses. Under this change for marriage, Muslims and non-Muslims can now get married without having a guardian or witnesses. It is known as civil marriage. They will just sign a marriage contract in the office of the marriage counsellor. This approach towards marriage reflects the aspects of mutual respect and equality throughout married life. Expatriates have found civil marriage a convenient way to work and live with family in the UAE.
- Balance Approach Towards Divorce
The law for divorce has also changed. In the past, spouses were abandoned even though they tried for reconciliation. In comparison to the new law, couples do not have to go for any reconciliation sessions. It has become easier for couples to part ways peacefully with a no-fault divorce mechanism. Moreover, the spouse does not have to provide evidence for divorce. It allows freedom to couples who want to get separated. Also, the procedure becomes less stressful and emotional for the couple.
â—Ź New Rule for Child Custody
The UAE followed Sharia and judicial law for child custody. Usually, mothers would get the child custody and fathers would be the guardians. The new law has another custody model, where mother and father equally play active roles to give a good life to their child. The arrangements can be changed, depending on the circumstances, to be chosen in the best interests of the child.
- Rights and Financial Obligations for Spouse
Divorce is an emotional roller coaster, yet it also raises questions about the financial management between spouses. Previously, the husbands had more monetary responsibility. Under the new law, the financial obligations are decided by assessing the income and lifestyle of both individuals. It becomes predictable that the spouse who is earning more than the other will be supporting the child in terms of education and other things.
â—Ź New Property Law
The inheritance laws have not changed for Muslims. They have to follow the Sharia law for inheritance. The new law has strengthened the non-Muslims as they can make wills according to their home country’s law. Moreover, the will could be bilingual, which means it can be understood by the expatriate and the UAE government.
â—Ź Protection for Domestic Disputes
Several individuals have gone through domestic abuse, yet they were not heard previously. They could not be given protection unless evidence was presented. They would plead for protection but never heard. With the recent changes in the law, the court would simply protect those vulnerable families to avoid more harm. The protection given to these families ensures safety and confidentiality throughout the case.
Need for New Personal Status Reforms
The Personal Status law of the UAE works for family matters. Before civil laws, the UAE government was resolving family matters through Sharia law.
More Expatriates mean Changes in the Law
Not everyone in the UAE is a Muslim. Therefore, the country could not simply rely on the Federal Law No. 28 of 2005. It had to change for the expatriates who belong to other religions, and not Islam. Under the new reform, Federal Decree-Law No. 41 of 2022, it has become easier for families to manage cases of marriage, divorce and inheritance without any disrespect.
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Effect of New Law on Unmarried Individuals
Previously, the UAE never allowed unmarried people to live together with the opposite gender. The new law has removed the conservative approach and has allowed live-in relationships for adults. However, there are legal requirements to manage the modern approach to living in the UAE. Such living arrangements may also help couples in deciding their future together and get into a civil marriage procedure sooner.
Did Court Hearings Improve?
The court hearings in the UAE play a vital role in strengthening the UAE legal system. There have been changes in the structure of the UAE court hearings.
Reconciliation Sessions at Courts
There are no more repeated reconciliation sessions for the couples. In fact, the documents are submitted, and legal action is taken quickly to resolve the case. There are no verbal arguments, as everything is being judged with evidence and documents, depending on the case. It makes the system predictable, yet efficient.
Legal Support in the UAE
The new reforms are introduced for families. However, they still need legal help to make the final decision. Moreover, they would rely on the lawyers for the recent developments in the law regarding their case. In addition to this, the law firms in Dubai are doing their best to provide in-depth knowledge and qualified lawyers. The expatriates need more legal help than the local residents of the UAE.
Summary
The UAE government has taken a good step to make changes to the Personal Status Law. Not only has it improved family lives, but also created an element of respect between couples who want to get married or divorced. It has also enhanced the property law as the inheritance can now be given as per the home country’s law, if only the will has been registered. The expatriates are confident about the UAE’s legal structure, as they have seen the modern approach towards the living arrangements, as an unmarried couple can stay together without legal requirements. The UAE has shown its commitment towards becoming a better and safer country for every individual who plans to live and work in the country.












