Welcome to Lawgical with Ludmila, where we untangle the legal knots so that you do not have to. I am Ludmila Yamalova, a US-qualified lawyer based in Dubai. In each episode, we break down complex law into clear, practical insights that you can actually use.
Today, we are diving into a landmark update in the UAE law — the new Personal Status Law, Federal Decree Law No. 41 of 2024, which took effect on April 15th, 2025. This replaces the 2005 law — a 20-year-old framework — and reshapes how family matters are legally handled in the UAE. By “family matters,” I mean marriages, divorces, inheritance, alimony, and related issues, for both Muslims and non-Muslims.
I should warn you in advance — this is going to be a fairly meaty discussion, or perhaps more of a monologue. The law is dense and detailed, covering all aspects of personal law — starting with marriages and ending with death. There are many sections, and while I will highlight the main topics, I will not drill down into every minor detail, otherwise this could easily become a 10-hour podcast.
These topics are especially important in the UAE because each comes with its own unique angles and nuances. For example, something like marriage or engagement, which in other jurisdictions may be straightforward, is far more complex here due to the interplay of religious, historical, cultural, and legal factors.
So today, I will give you an overview of the law, then we will discuss marriages and engagements, judicial approval for marriage, Muslim women and guardianship, legal choice for Muslim residents, jurisdiction and scope of application, custody and guardianship (with a focus on the “age versus child’s best interest” shift), choice and termination of custody, custody requirements, the issue of keeping documents, child support, alimony, asset division, inheritance and wills, and finally, proving lineage.
Overview of the Law
The new law is significant because it replaces a 20-year-old legal framework. The previous Personal Status Law — Law No. 28 of 2005 — governed personal status matters in the UAE for over two decades. The new Federal Decree Law No. 41 of 2024 came into effect on April 15th, 2025, and applies across all seven Emirates.
It applies by default to all UAE citizens and residents — and in some cases, even non-residents. It covers marriages, divorces, custody, guardianship, alimony, inheritance, and wills. Broadly speaking, it reflects a shift towards a more progressive legal framework, balancing traditional Sharia principles with modern civil practices.
By default, it applies to Muslims and non-Muslims. However, non-Muslims — and some Muslims — can opt for alternative laws.
Some of the most transformative changes include:
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More gender-neutral divorce provisions, making it easier for women to initiate divorce than under the previous law.
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Custody decisions now based on the best interest of the child, rather than fixed age limits.
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Introduction of equitable asset division, recognising a spouse’s contributions during the marriage (not just financial).
Marriages and Engagements
The law addresses engagements first. In the Middle East, engagements are a bigger deal than in many Western countries. They often involve family participation, gift exchanges, and financial arrangements. Engagement here can almost function like a contract to marry, and because of that, disputes are not uncommon.
The new law contains specific provisions on what happens if an engagement is broken. For example, if the woman decides to end the engagement, she may be obligated to return certain expensive gifts, unless they were clearly given without conditions. This is culturally significant, as gifts in this region can be of substantial value.
Previously, the law did not go into this much detail on engagements. Now, couples — and their families — have a clear legal reference point.
Marriage Rules and Judicial Approval
The minimum marriage age in the UAE remains 18. Marriages under that age require court approval. This judicial oversight is intended to prevent underage marriages without proper review.
Another provision requires judicial approval if a woman who has never been married is marrying a man more than 30 years older than her.
Judicial approval also plays a key role for Muslim marriages. Historically, Muslim women needed a guardian’s consent to marry. Under the old law, if a guardian refused, the woman could appeal to a judge — but it was at the judge’s discretion whether to step in. Many judges were reluctant to overrule guardians.
Under the new law, if a guardian refuses, the court must approve the marriage based solely on the woman’s will and acceptance of the dowry. The law removes judicial discretion here and makes approval mandatory, provided those conditions are met.
Marriage applications can now be submitted by the woman herself, her future husband, her mother, sister, or brother — not just the husband.
Guardianship for Muslim Women
One of the most important changes affects Muslim women who are not UAE citizens. If their home country’s law does not require a guardian’s approval for marriage, they do not need one in the UAE either.
Previously, all Muslim women in the UAE — regardless of nationality — were bound by the UAE’s guardianship rules. This change is especially impactful for Muslim women from countries like the US or Tunisia, where no such requirement exists.
Choice of Applicable Law for Muslim Residents
Muslim residents (non-citizens) can now choose to apply:
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The UAE Personal Status Law based on Sharia principles,
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Their home country’s law, or
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One of the UAE’s civil marriage laws (either the federal version or Abu Dhabi’s).
Previously, they had no choice and were bound exclusively by the Sharia-based Personal Status Law.
Jurisdiction and Scope
This law has broader application than many people think. It applies to:
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All UAE Muslim citizens (without exception).
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Mixed-faith marriages involving at least one Muslim.
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Certain non-Muslim UAE citizens (who can opt for other laws).
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In some cases, non-residents — for example, if one spouse is a UAE citizen or resident, or if a couple habitually resides in the UAE.
Even if one spouse leaves the UAE, as long as the other remains a resident, this law may still apply.
Custody and Guardianship
Under the new law, custody defaults to the mother for both boys and girls until age 15. At 15, the child chooses which parent to live with. At 18, custody ends entirely — parents no longer have legal custody rights.
This is a major shift from the old law, where custody transferred at fixed ages depending on the child’s gender (11 for boys, 13 for girls).
The law also removes the restriction on mothers of a different religion from retaining custody of Muslim children beyond a certain age. Custody decisions are now based solely on the child’s best interests.
Guardianship — which involves legal and financial authority — remains with the father by default. It continues for boys until they are self-sufficient and for girls until they are married or employed. For disabled children, guardianship is indefinite.
Custody Requirements and Loss of Custody
Custodians must be at least 18, mentally sound, capable of raising and protecting the child, have no criminal record involving dishonour, and no substance abuse problems.
A mother may remarry and retain custody if the court deems it in the child’s best interest — a shift from the previous automatic loss of custody upon remarriage.
Custody can be revoked for negligence, incapacity, immoral behaviour, cohabiting with someone who has lost custody, relocation against the child’s welfare, or not claiming custody for over a year. It can be restored if these issues are resolved.
Documents
The guardian (usually the father) keeps the passport by default, while the custodian (usually the mother) keeps the Emirates ID and birth certificate and may hold the passport for travel. Courts can override this if the guardian withholds documents unreasonably.
The guardian remains responsible for renewing passports, Emirates IDs, and visas.
Alimony and Asset Division
The husband is obligated to financially support his wife during marriage, regardless of her financial status. Failure to do so for more than 30 days is grounds for divorce.
A new provision allows a spouse — usually the wife — to claim compensation for contributions to marital assets, even if those contributions were non-financial, such as managing property, increasing its value, or assisting in a business.
Divorce Types
The law recognises three types of divorce:
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Talaq – Husband-initiated.
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Khula – Wife-initiated, forfeiting financial rights.
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Tatlik – Court-ordered divorce on specific grounds, such as non-support, insolvency, abuse, failure to consummate the marriage, or ongoing marital harm.
Tatlik is significant because it allows the court to end a marriage without the husband’s consent, while preserving the wife’s entitlements.
Inheritance and Wills
For Muslims, inheritance remains subject to Sharia principles, with the one-third limit for bequests to non-heirs. However, Muslim residents (not citizens) may create civil wills to avoid these limitations.
Non-Muslims have more flexibility in distributing their estates.
Proving Lineage
DNA testing is now a legal right and no longer requires proof of a prior relationship. This change prioritises scientific evidence in parentage disputes, name registration, and inheritance matters.
Closing Thoughts
The new UAE Personal Status Law is one of the most significant reforms in recent years. It modernises key aspects of family law, expands legal choice, increases procedural clarity, and enhances protections for women and children, all while balancing respect for tradition with progressive legal developments.
That is all for this episode of Lawgical with Ludmila. If you found this discussion useful, visit lylawyers.com for more resources. We are also on Apple Podcasts and Spotify, and for the full experience, watch our video podcast on YouTube.
Until next time — stay informed, stay safe, and keep things Lawgical.
