Amendments of Family- and Inheritance Law in the UAE: Federal Personal Status Law No. 41 of 2024
I. Introduction: A Milestone in the UAE’s Personal Status Legislation
The United Arab Emirates continues its progressive legal reforms with the enactment of Federal Decree-Law No. 41 of 2024 on Personal Status, which is set to come into effect on April 15, 2025. This legislation introduces significant changes to family law, marriage, divorce, custody, and inheritance, reflecting the UAE’s commitment to modernizing its legal system while balancing the interests of both citizens and expatriates. The primary objective of the new law is to enhance family stability, ensure procedural efficiency, and align legal principles with contemporary societal needs.
One of the most notable aspects of the new law is its application to both UAE nationals and expatriates, reaffirming the country’s efforts to provide a unified yet adaptable framework for individuals subject to personal status regulations. The introduction of specialized Family Courts, the establishment of clearer guidelines for marriage and custody, and the expansion of testamentary freedoms mark a transformative step in the UAE’s legal landscape.
II. Establishment of Specialized Family Courts and Mandatory Reconciliation Procedures
A major structural reform introduced by the new law is the establishment of specialized Family Courts, which will now oversee all matters related to personal status, replacing the previous jurisdiction of Sharia Courts. This development ensures a more streamlined and specialized adjudication of family-related disputes, allowing for consistency and efficiency in legal proceedings. The move towards dedicated Family Courts reflects a broader shift in the UAE’s legal system toward specialization, ensuring that family law cases are handled by judges with specific expertise in personal status matters.
The law also mandates a reconciliation process for family disputes, requiring parties to engage in mediation before resorting to litigation. This provision is intended to promote amicable settlements and reduce the burden on courts by encouraging dispute resolution through dialogue. However, in cases where reconciliation is impractical or unnecessary, such as matters involving inheritance, alimony, or urgent custody issues, the law provides exemptions to prevent undue delays. This structured approach to dispute resolution seeks to balance the efficiency of judicial proceedings with the importance of protecting the rights of all parties involved.
III. Marriage, Divorce, and Custody: Strengthening Legal Certainty and Family Stability
The new law introduces significant reforms in marriage regulations to enhance legal certainty and protect individuals entering into marital relationships. The legal minimum age for marriage is now set at 18 years, ensuring that all individuals entering into marriage have reached an age of legal maturity. Furthermore, marriages involving individuals below this age or where there is an age difference exceeding 30 years require judicial approval. This provision aims to safeguard individuals from potentially coercive or unequal marital arrangements while respecting cultural considerations.
With respect to divorce proceedings, the law introduces enhanced procedural safeguards to ensure fairness and efficiency. The process now emphasizes the equitable distribution of marital assets and financial obligations, providing clearer guidelines on spousal support and post-divorce financial arrangements. These provisions aim to reduce legal uncertainties and ensure that divorce settlements are structured in a way that protects both spouses and any dependents involved.
One of the most progressive changes under the new law pertains to child custody. Unlike previous regulations, which differentiated custody rights based on gender, the new framework ensures that custodial rights extend equally to both parents until the child reaches the age of 18. Furthermore, children aged 15 and above are granted the legal right to choose their custodian, reinforcing a child-centric approach to custody arrangements. This marks a significant shift towards prioritizing the welfare of the child and ensuring that custody decisions are made in their best interests, rather than being determined solely by traditional legal presumptions.
IV. Testamentary Freedom and Inheritance Reforms: Greater Clarity for Residents and Expatriates
The new law also introduces important reforms in inheritance law, particularly concerning testamentary freedom. For the first time, individuals are explicitly permitted to bequeath assets to beneficiaries of different religions, providing greater clarity and legal certainty for expatriates residing in the UAE. This provision aligns the UAE’s legal framework with international best practices, ensuring that individuals have greater autonomy in estate planning.
In cases where legal restrictions prevent the direct transfer of ownership to a legatee, the law grants courts the authority to order the sale of the asset and the transfer of proceeds to the beneficiary. This ensures that testamentary dispositions are upheld to the greatest extent possible while maintaining compliance with property and inheritance laws. By providing a structured approach to inheritance and wills, the law eliminates ambiguities that previously existed under UAE personal status regulations, thereby reinforcing legal predictability for both citizens and expatriates.
V. Conclusion: A Landmark Reform in the UAE’s Personal Status Law
Federal Decree-Law No. 41 of 2024 represents a significant advancement in the UAE’s personal status legal framework. By introducing specialized Family Courts, enhancing reconciliation procedures, reforming marriage and custody laws, and expanding testamentary freedoms, the law reflects the UAE’s commitment to fostering legal clarity, efficiency, and fairness. The legislation balances traditional legal principles with modern societal needs, ensuring that family law is both adaptable and protective of individual rights.
For legal practitioners, corporate entities, and individuals subject to personal status laws, it is crucial to familiarize themselves with these provisions to ensure compliance and to effectively navigate the evolving legal landscape. The new law reinforces the UAE’s position as a jurisdiction that embraces progressive legal reforms while maintaining respect for cultural and religious considerations. As these changes take effect, they are expected to provide greater legal certainty, streamline dispute resolution, and enhance the overall stability of family law in the UAE.
