By Counsellor Houssam Hashim, Senior Legal Expert, Sara Advocates
The recent amendments to the UAE’s Personal Status Law No. 41 of 2024 signify a crucial shift in family law, addressing key concerns in custody arrangements, marriage dissolution, and legal proceedings for expatriates. These changes reflect the UAE’s commitment to modernizing its legal system while upholding principles of fairness, efficiency, and multicultural inclusivity.
Reforming Custody Laws: Prioritizing the Child’s Welfare
One of the most significant amendments pertains to custody rights, with the law now prioritizing the best interests of the child as a guiding principle. Under the previous framework, maternal custody terminated when a male child reached 11 years of age and a female child 13. The 2024 reform establishes a uniform custody age of 18 for both genders, ensuring stability and continuity in the child’s upbringing.
Further, the law introduces greater judicial discretion regarding cases where the mother is of a different religion. Previously, non-Muslim mothers would automatically lose custody when the child turned five. The new provision allows courts to assess whether continued maternal custody aligns with the child’s best interests, reflecting an adaptable and child-focused legal approach.
Expediting Dispute Resolution: Enhancing Judicial Efficiency
Acknowledging the need for efficient dispute resolution, the amendments empower supervising judges to determine whether family cases should be referred to reconciliation centers. This modification aims to reduce procedural delays by allowing courts to fast-track cases where conciliation is unlikely.
Another notable amendment addresses marriage dissolution due to harm or discord. Under Article 72 of the revised law, if harm is not proven, the court must dismiss the case. However, if discord persists, the aggrieved party may initiate a new lawsuit only after the original judgment becomes final or after a minimum of six months from the primary ruling—whichever period is longer. This provision introduces a structured approach to mitigating prolonged legal battles, preventing unnecessary litigation while ensuring a fair avenue for readdressing unresolved disputes.
Expanding Legal Choices for Expatriates
Given the UAE’s status as a global jurisdiction with a substantial expatriate population, the amendments acknowledge the complexities of cross-border family disputes. The revised law grants non-citizens greater flexibility in choosing the applicable legal framework for their family matters. Expatriates now have the right to opt for UAE law, apply their home country’s laws, or mutually agree to another legal system, provided it complies with UAE legislation.
This provision enhances legal clarity for international families, offering a structured yet flexible approach to resolving family disputes. By integrating this choice within the legal system, the UAE continues to strengthen its reputation as a jurisdiction that balances national legal principles with the diverse legal needs of its expatriate community.
Conclusion: A Progressive Legal Milestone
The amendments to the UAE’s Personal Status Law represent a well-calibrated evolution of family law, aligning judicial processes with modern societal needs. By emphasizing the best interests of children, expediting dispute resolution, and accommodating the legal diversity of expatriates, these reforms reinforce the UAE’s legal leadership in the region.
From a legal standpoint, these changes enhance both substantive and procedural fairness, ensuring that family disputes are resolved efficiently while protecting the rights of all parties involved. Moving forward, further refinements to family law will be essential in maintaining the UAE’s status as a pioneering jurisdiction committed to justice, stability, and legal inclusivity.
