The amendments to the new marriage and custody law are coming in a big way; UAE federal personal status laws are set for a makeover effective April 15. The provisions, to simplify matters and enhance flexibility, are aptly articulated in the new law. The law involves deep issues, such as consent to marriage, custody rules, and divorce procedures, as all subjects require serious consideration.
Provisions of the law
- Right to Spouse Choice: Women may now marry the person of their choice even if a guardian refuses to consent. Marriage does not require guardian approval for Muslim women who are non-citizens if their nationality law does not mandate it.
- Marriage Age: The legal marriage age is 18. In such cases, a person more than 18 years old can take the issue to a judge if a guardian refuses him or her. The law also provides that minors would be permitted to handle their union-related business by themselves without the guardian’s intervention.
- Age Difference for Marriage: If the ages of both partners are different by more than 30 years, the marriage should have an endorsement from the court.
- Engagement Definition: Engagement, the formal proposal of marriage, is not legally binding or equivalent to marriage. If the engagement is broken off, gifts exceeding Dh25,000 can be reclaimed, either in kind or by their value at the time of receipt.
- Marital Home: The wife must live with the husband in a suitable marital home unless agreed otherwise in the marriage contract. The husband also may live in the marital home along with his parents or children availing the relationship from other marriages unless the wife’s interest is compromised.
- Custody and Parental Rights: The law emphasizes the welfare of the child. Custody is until 18 years of age for either gender, while children 15 years and above have the power to choose which parent with whom they wish to live. The custodial mother shall make educated decisions, ensuring a best-interest-to-child perspective.
- Legal Documents: Children older than 18 years old shall keep their identity documents. However, custodians shall hold legal documents unless travel permissions or others as defined by the court arise.
- Incurred Penalties for the Offenses: Misappropriation of a minor’s property, traveling with wards without permission, silly neglect of parental duties, and, some fines ranging from Dh5,000 to Dh100,000 but also by imprisonment.
- Gregorian Calendar: Save for express provisions to the contrary, all the periods under the new law shall be reckoned as per the Gregorian calendar.
The significant changes ushered in by the new provisions include how family-related legal matters are treated in the country from the perspective of individual rights, and family welfare, to simplified processes for proceedings.