Changes Under the New Personal Status Law Part 1: Termination of Marriage

INTRODUCTION

The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025. The new law has made considerable changes in the provisions relating to termination of marriage, child custody and the maintenance rights of the wife. This article is part 1 in a series of articles to explain the new law explaining the changes made to laws relating to the termination of marriage. Please note that although this is not an exhaustive note on the changes under the new law, I will be covering the substantial changes that are noteworthy.

1. Choice of Applicable Laws

As per the old family status law no. 28 of 2005, the default laws applicable to a family case was the UAE laws, as long as none of the parties requested to apply the laws of their home countries. However, this was amended wherein it was clearly mentioned that the UAE law will apply if none of the parties requested to apply the laws of the place where the marriage was concluded.

However, the new law, for the first time clearly states that the UAE law will be applicable if the parties do not choose to apply any foreign law. Thus, the law gives both parties the chance to decide which law they will be subjected to, by their own agreement.

This approach will give spouses more control on the legal framework which governs the relationship between them. Previously, couples had to carefully choose the place where the marriage was to take place, as this would determine the financial rights, the rights of the couple over their children, and the grounds for any divorce application filed by either party. It would become increasingly challenging to resolve the matter after the conclusion of the wedding ceremony. However, with the issuance of the new law, both parties have the right to decide the law governing their marriage at any point after their marriage, provided that the applicable foreign law does not violate public order and public morals.

2. Submission of the Case to Family Guidance

Under article 16 of the old law, it was mandatory to submit any divorce, custody or maintenance claim to the Family Orientation Committee, commonly known as family guidance.

Under the new law, the case is to be submitted to the court which will then decide if the case is required to be submitted to the family guidance department or not.

3. Calculating Time Period

Under the old laws, calculation of time period pertaining to age, and other relevant factors were calculated using the lunar calendar, as per the moon sightings, which had about 354 days a year.

As per the new Laws, these time periods will now be calculated as per the Gregorian calendar, or the solar calendar, consistent with the global practice.

4. Gifts Given During the Engagement Period

Under the new law, gifts given during the engagement period will not have to be returned unless it was given under the condition to continue the marriage. However, gifts given as part of the Dowry or gifts exceeding AED 25,000 must be returned unless they are consumable gifts.

5. Marriageable Age Between a Couple

The new law prohibits marriages between a woman who is thirty years younger than the man, if the woman has not been married earlier.

6. The Rights of Descent

Under the old laws, children born in a marriage that was null and void, was not given the right of Descent.

However, the new law grants these children the right of descent even if the marriage is null and void.

7. Additional Grounds to Obtain Divorce

1. Divorce due to usage of drugs and other substances - The new law specifically states that using drugs, alcohol or psychotropic substances will be considered a valid reason to claim a divorce. Previously, although the above reasons could be used before the court to claim a divorce, it was not listed clearly in the law. The reasons were raised as per the rulings of the Court of Cassation, instead of based on federal law.
2. Divorce due to medical condition that prevents the parties from engaging in marital relations - Under the old laws, either of the spouse had the right to ask for a divorce due to any medical condition that does not allow for marital relations between them. The new law confirms the same rule to a couple and additionally provides the court the authority to appoint an expert to evaluate such medical conditions and to grant one year grace period for medical treatment to the spouse who requires it, before granting the divorce.
3. Divorce due to abandonment of the family - Under the old laws, the wife had the right to claim divorce if the husband abandoned the family for more than one year. The new law has shortened this period to 6 months, under the condition that the wife will need to give 6 months’ notice period to the husband to either to return to the marital house or enable the wife to relocate to the husband’s residence.
4. Divorce due to the detention of the husband - Under the old laws, the wife may claim divorce if her husband is imprisoned for three years or more, and has served at least one year of the the jail sentence.The new law applies the same rule where the wife can apply for divorce after the husband has been granted three years imprisonment and has served one year of the jail time. However, the new law adds two additional requirements wherein the divorce will not be issued unless there is more than six months left before the husband is released from prison and any request for divorce will not be accepted if the husband is released within the time the litigation process is completed.

8. Amendments in the Khula Regulation

The UAE personal status law grants a Muslim wife the right to terminate her marriage without any reason and without suffering any harm, through the claim of a specific type of divorce called Khula, which is considered as a single divorce indicating that the Muslim wife will be able to marry the same person in the future under a new contract and with a dowry.

As per the new law, Khula may be granted not just with the consent of the husband but it may also be issued by the decision of a judge, in case the husband does not agree to issue the Khula.

In exchange for Khula, the wife may give the husband a specific amount of money or any substance equivalent to money, or she may return the dowry received by her. Evaluating the amount of money to be given to the husband is subject to the agreement between the spouses, or a decision of the court in case there was no such agreement. The amount may be given by the wife or a third party. According to article 66 of the same law, Khula cannot be given in exchange for child custody or child support.

If khula has been invoked between a couple, it must be duly registered in the Dubai courts within a period of 15 days. A request for registration of Khula may be carried out by the spouses or by any third party who has a legal interest in the matter. Thus, the father of the wife, or her sons or daughters over the age of 18, may apply for registration of Khula if they are able to prove that they have the legal capacity to do so.

Once the new law comes into effect, it will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates. Further Articles will follow covering the other important changes under the new personal status law.

Read more: https://www.professionallawyer.me/legal-articles/family-law/changes-under-the-new-personal-status-law-termination-of-marriage