The New Personal Status Law in the UAE, On the social, economic, and family levels, the development the UAE is experiencing as a result of technology in all aspects of life has highlighted the need to amend the old Personal Status Law (Federal Law No. 28 of 2005). The new Personal Status Law was therefore issued as Federal Decree-Law No. 41 of 2024. The new law has adopted the principles of Islamic Sharia, while considering both its constants and variables. The new Personal Status Law in the UAE has adopted Islamic Sharia provisions regarding marriage and its pillars, such as offer and acceptance, as well as its conditions, including the designation of the spouses, the absence of a perpetual or temporary prohibition of marriage, the wife’s full consent to the marriage, and the requirement of the guardian’s approval. By contacting a specialized law firm like Samaha Legal Consultancy, you can understand all these details in their full legal form.
At the same time, the new Personal Status Law has worked to expedite the procedures for concluding a marriage contract. It has emphasized the necessity of documenting the contract within a short period, otherwise, the husband will be subject to a penalty, and the wife will be granted the right to claim alimony from the date of the marriage until the date of its documentation.
As for the provisions on divorce, the new Personal Status Law has set a time limit to prevent divorce cases from dragging on in court. For example, it has set a time frame within which the wife has the right to refile a lawsuit for divorce due to harm and discord if the original lawsuit is rejected, which is six months from the date of the judgment or from the date it becomes final, whichever is later. The new law has also activated mediation for resolving family problems, in accordance with the provisions of Article 8 of the law. The supervising judge has the right to refer the case to a center to resolve the dispute through amicable means before it reaches court.
If an amicable settlement is reached, it is recorded in a report signed by the parties, the specialist center member, and the family counselor. The report is then endorsed by the supervising judge and has the force of an enforceable writ. It cannot be challenged in any way unless it violates the provisions of the law.View more Petition for Reconsideration
As for inheritance rules, the new Personal Status Law in the UAE has confirmed the application of Islamic Sharia provisions in this regard, clarifying the reasons for inheritance and how inheritance is distributed, whether by fixed share, residuary, both, or by blood relatives. Samaha Legal Consultancy can help you understand everything related to divorce and inheritance provisions in a legal and sharia-compliant manner.
What Are the Rights of Children and Child Custody According to the New Personal Status Law in the UAE?
The texts of the new Personal Status Law in the UAE guarantee the rights of children, especially after the separation of the spouses, as well as during the marriage. The new law has worked to protect children as much as possible in the event of disputes or separation between the spouses. Among the important amendments regarding custody, we note that the old law set a long order for custody that the judge was obligated to follow. However, the new Personal Status Law in the UAE has specified the custodians to only four main individuals: the mother, then the father, then the maternal grandmother, then the paternal grandmother, and then whoever the judge deems appropriate in the best interest of the child. Significant amendments have also been made to the custody conditions, the most important of which is that the custodian must not be a drug user. It also made the end of the custody period when the child reaches the age of 18, unlike the old law which ended the mother’s custody when the male child reached 11 and the female child reached 13. By contacting Samaha Legal Consultancy, you can understand everything related to the child’s rights in a complete and legal manner according to the new Personal Status Law in the UAE.
As for alimony, the new Personal Status Law in the UAE has confirmed spousal alimony, child alimony, parental alimony, and relative alimony. It has also confirmed the application of a judgment to increase alimony retroactively for no more than six months from the date of the judgment’s issuance, while a judgment to decrease alimony is not retroactive and is effective only from the date of its issuance. Regarding alimony, a specialized law firm like Samaha Legal Consultancy can help with all these matters in the appropriate and legal way.
It is notable that the new Personal Status Law in the UAE has focused on ensuring the rights and well-being of children by defining the conditions for custody in a way that ensures they are cared for by the most competent person, and by setting sufficient alimony that includes basic expenses for education, medical care, housing, clothing, and food.View more Early Termination of a Lease Agreement in the UAE
Cases of Foreign Residents in the UAE
The new Personal Status Law in the UAE has established a very important principle regarding foreign residents in the UAE who have personal status disputes. It has given them the right to either accept litigation according to the provisions of the new Personal Status Law in the UAE or to insist on the application of their own national law from their home country. The new Personal Status Law in the UAE went even further by allowing them to litigate according to the provisions of any other law agreed upon between them, provided that the legislation in force in the UAE permits it. Consequently, a Muslim resident has the right to litigate according to the provisions of the new Personal Status Law in the UAE or the law of their home country, but they do not have the right to litigate according to the provisions of the Civil Personal Status Law (Federal Decree-Law No. 41 of 2022). Even in such cases, Samaha Legal Consultancy can help you with all the legal details to ensure all your rights are protected.
What Are the Details of Competent Courts and Judicial Procedures?
The new Personal Status Law in the UAE confirmed that state courts are competent to hear personal status cases filed by citizens or foreigners who have a place of residence or work in the country. The law has granted jurisdiction to the court in whose jurisdiction the defendant’s residence or place of work is located. Personal status courts, regarding litigation procedures, are subject to the provisions of the UAE Civil Procedures Law, and the issuance of judgments and appeals are subject to the new Personal Status Law in the UAE in cases of appeal, cassation, and petition for reconsideration. Given the sensitivity of judgments issued in personal status matters, the majority of them are subject to immediate enforcement, especially those related to alimony and custody.
However, the new Personal Status Law in the UAE has provided alternatives to the courts due to the sensitivity of personal status matters and the need to handle them confidentially. This includes the establishment of the Family Guidance and Reconciliation Center, where the new Personal Status Law in the UAE gives the supervising judge the right to refer the case to the center to resolve the dispute through amicable means before judicial rulings are issued. The reconciliation reports, which are signed by the parties, the center, the specialist center member, and the family counselor, and endorsed by the supervising judge, have also been given the force of an enforceable writ and cannot be challenged in any way unless the reconciliation violates the provisions of the new Personal Status Law in the UAE. To understand all these details and specialized legal procedures, you can contact Samaha Legal Consultancy.
What Are the Social and Legal Challenges in Applying the New Personal Status Law in the UAE?
There are many social challenges facing the application of the new Personal Status Law in the UAE. For example, society has become accustomed to the old law, especially regarding procedures, and therefore, it needs more time and a lot of legal awareness to accept the new procedures. As for the legal challenges, they include the difficulties faced by legal professionals, including judges and lawyers, in applying the provisions of the new Personal Status Law in the UAE in line with the state’s vision of developing legislation and ensuring human rights in the UAE.View more The Best Legal Consultant in the UAE
What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in Personal Status Cases?
A specialized lawyer like Samaha Legal Consultancy plays an important role in handling all matters related to personal status, including marriage, divorce, inheritance, estates, alimony, and custody. A specialized lawyer from Samaha Legal Consultancy works to spread legal awareness regarding the new Personal Status Law in the UAE and provides legal consultations in all cases presented to them.
