The UAE Cabinet has unveiled a family status law that addresses various personal and family matters, setting new standards and revising existing provisions. This includes issues such as marriage age, dowry recovery, divorce rights, and child custody, among others.
Marriage and Guardianship
Minimum Marriage Age: The law sets the minimum age for marriage at 18 years, ensuring that no marriage contract is concluded below this threshold.
Permission to Marry: If a marriage guardian unjustly refuses consent, the court may transfer guardianship to allow the woman to marry someone she consents to. Additionally, non-citizen Muslim women can marry without a guardian’s consent if their national laws permit.
Dowry and Gifts
Recovering Dowry: The law revises rules regarding dowry and engagement-related gifts, allowing recovery of gifts valued above Dh25,000 if a marriage does not occur. If the gifts are unavailable, their monetary equivalent can be reclaimed unless they are consumable in nature.
Wife’s Rights and Marital Home
Marital Home: The law provides guidelines on the wife’s rights concerning the marital home, whether owned, rented, or co-shared with her husband.
Documentation of Divorce: Husbands must document any divorce or reconciliation in court within 15 days. Failure to do so entitles the wife to claim compensation equivalent to alimony.
Divorce Provisions
Grounds for Divorce: Either spouse can seek divorce if the other suffers from addiction to narcotics, psychotropic substances, or intoxicants.
Expedited Proceedings: Arbitration for dissolving marriages has been reduced from 90 days to 60 days to ensure faster resolutions.
Child Custody
Unified Custody Age: Custody rights have been extended to 18 years for both males and females, prioritizing the child’s best interests.
Child’s Choice: Upon reaching 15 years, children can choose their preferred parent for residence. Courts retain discretion in cases involving a custodian mother of a different religion.
Penalties for Violations
The law enforces strict penalties for offences such as neglect, abuse, unauthorised child travel, and mismanagement of inheritance funds. Fines range from Dh5,000 to Dh100,000, with the possibility of imprisonment for severe violations.
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