Guest Articles

In a country where a high percentage of the population are foreign residents, many with cross-border families, this legal update offers timely clarity, inclusivity, and flexibility.

Divorce: More Options, Clearer Processes

Couples now have the right to select the applicable law governing their divorce. In the absence of a specific choice, UAE law will apply. For expatriate couples from different national or religious backgrounds, this provision offers much-needed flexibility.

Grounds for divorce have been broadened and now include issues such as addiction, prolonged absence, or imprisonment. In a significant move toward gender equity, Khula (a divorce initiated by a wife) no longer requires the husband's consent placing greater decision-making power into the hands of women.

Custody: A Shift Toward Equality

The updated law redefines child custody arrangements. Both parents are now presumed equal custodians until the child turns 18, shifting away from earlier age-based caps (previously age 11 for boys, 13 for girls).

Children over 15 may express a preference for which parent they wish to live with, pending court approval. Additionally, a mother’s custody rights are no longer automatically impacted if she leaves the marital home provided the child’s welfare remains intact.

Parental Travel Rights and Documentation

The reforms also address common challenges in co-parenting, particularly around travel and documentation:

• Each parent may travel with the child for up to 60 days annually without prior consent.
• Failure to return essential documents such as passports or Emirates IDs can result in fines of up to AED 100,000 or imprisonment.
• Unauthorized travel with a child outside the UAE may result in legal consequences, thus strengthening protections against international custody disputes.
• Financial Rights: Stronger Safeguards for Women and Children

The new law introduces key financial protections, including:

• The right to claim up to six months of unpaid spousal maintenance retroactively.
• Alimony is now treated as a priority debt during legal proceedings.
• Shared assets such as jointly owned property cannot be sold or leased without mutual consent.
• Fathers remain financially responsible for their daughters until marriage or financial independence even following divorce.

Inheritance and Wills: Evolving Legal Certainty

For Muslim families, inheritance will continue to follow Sharia principles, with some procedural updates, including the appointment of a specialised Estate Judge.

For non-Muslim residents, existing structures such as the DIFC Wills Service Centre and the Abu Dhabi Judicial Department continue to offer legal frameworks for testamentary freedom. Non-Muslims remain able to opt out of Sharia provisions by registering a legally compliant Will under these systems.

Why This Matters to the British Business Community

These reforms are more than legal updates they represent a modernisation of the family law system in the UAE, aligning it more closely with international best practices. For business professionals, investors, and expatriates:

• Clarity in family law enables better planning in cross-border living arrangements.
• Simplified divorce and custody laws reduce legal ambiguity and stress during family transitions.
• Financial and inheritance protections offer reassurance for long-term investment and legacy planning in the UAE.
• As family and business affairs often intersect especially for entrepreneurs, business owners, and investors understanding these changes is essential for risk management and strategic planning.

Conclusion

The UAE’s revised Personal Status Law marks a bold and progressive step forward in strengthening family rights, gender equality, and legal protection for children and spouses.

For professionals and families navigating life in a global, multicultural environment, these reforms provide a clearer, more adaptable framework for managing family matters from divorce and custody to inheritance and guardianship.

Author: 

Nita Maru, Managing Partner and Solicitor at TWS Legal Consultants