M&CO Legal | View firm profile
The United Arab Emirates (UAE) has introduced a new Federal Personal Status Law No. 41 of 2024, replacing the previous Law No. 41 of 2022. This revised law aims at reinforcing family stability, simplifying legal procedures, and addressing modern societal challenges. This progressive legislation, published on October 14, 2024, and set to be enforceable by April 15, 2025
Key Objectives of the New Personal Status Law
A Comparative Analysis of Law No. 41 of 2024 and Law No. 41 of 2022
Introduction The newly enacted Law No. 41 of 2024 introduces significant amendments to its predecessor, Law No. 41 of 2022. Officially published on October 14, 2024, and enforceable as of April 15, 2025, this legislation brings changes to various legal provisions, particularly in matters related to personal status laws, financial obligations, and guardianship regulations. This article provides a quick overview on the most important modifications and their implications.
Key Amendments and Replacements
- Calculation of Legal Durations
- Law No. 41 of 2022: Used the lunar calendar for calculating legal durations (Article 3).
- Law No. 41 of 2024: Adopts the Gregorian calendar instead (Article 2).
- Impact: This standardization aligns legal computations with internationally recognized systems, reducing ambiguity in legal proceedings.
- Grounds for Divorce and Spousal Separation
- Previous Law: A wife could seek divorce if the husband swore not to engage in marital relation with her, for four months or more without reconciliation (Articles 132).
- New Law: The revised law explicitly allows the wife to seek divorce if the husband abstains from relations for over six months without valid justification, regardless whether the husband swore not to engage in marital relation with her or not (Article 78).
- Impact: This adds to the women’s rights by giving the wife the right to seek divorce for a six months separation regardless whether the husband swore not to engage in marital relation with her or not.
- Financial Rights and Alimony Regulations
- Previous Law: The wife could claim for spousal maintenance up to three years retroactively from the date of claim (Article 67).
-
- New Law: The new provisions (Articles 99) reduce the wife’s right to claim her spousal maintenance to the last two years from the claim only.
- Impact: These modifications ensure financial stability for dependents while imposing a stricter time frame for claims, preventing prolonged disputes.
- Parental Financial Responsibilities
- Previous Law: Fathers were responsible for alimony to daughters if she was divorced or his husband died, subject to her lack of financial means and have no other person to support her (Article 78).
- New Law: The revised provision (Article 106) added the daughter’s employment as an exception for her father’s responsibility for alimony
- Impact: This reduces the father’s responsibility for alimony to daughters if she was divorced or his husband died.
- Guardianship and Custody Modifications
- Previous Law: A mother who belonged to a different religion than her child could lose custody unless the court decided otherwise for the child’s benefit, with a custody limit of five years (Article 145).
- New Law: The updated law (Article 113) allows custody in such cases if deemed beneficial for the child, removing the five-year restriction.
- Impact: This amendment prioritizes the best interests of the child by allowing judicial discretion based on welfare considerations.
- Age Limit for Child Custody
- Previous Law: Women’s custody ended when a boy turned 11 and a girl turned 13, unless the court extended it for their benefit (Article 15).
- New Law: The new provision (Article 12) extends custody until the child reaches 18 years.
- Impact: This change removes the restriction of the mother’s custody by the child’s age, and made the custody ends when the child reaches 18 years in all cases, ensuring that children receive parental care and support during their formative years.
Conclusion The enactment of Federal Personal Status Law No. 41 of 2024 marks a significant milestone in the UAE’s legal landscape. By addressing critical aspects of personal status, financial obligations, and custody regulations, the revised law fosters greater legal clarity, gender equality, and family stability. These amendments reflect the UAE’s commitment to evolving legal frameworks that align with global best practices while ensuring the protection and well-being of individuals and families. As the law takes effect in April 2025, it is expected to bring positive changes in legal proceedings and societal norms, reinforcing the UAE’s position as a progressive and forward-thinking nation.
Author: Dr. Salman Al Tuweel (Partner), Mohammed Elsayed (Associate) & Khaled Al Farouk (Paralegal)