Significant Changes in UAE Family Law - Elevating Rights for Muslim Mothers and Children

The UAE is preparing to implement crucial updates to its family laws, focusing on enhancing the rights of Muslim mothers and providing better protections for children involved in divorce and custody proceedings. Set to take effect in April 2025, the Federal Decree Law no. 41/2024 is part of a broader initiative to modernize the country's legal system to better serve its citizens and residents. 

A Modernised Legal Framework 

This upcoming Federal Law will affect both Emiratis and expatriates, showcasing a commitment to ongoing reforms that aim to promote progressive values. These changes are intended to foster family unity and tackle current social issues effectively. 

Enhanced Custody Rights for Mothers 

One of the most significant aspects of the reform is the extension of custody rights, which will now apply until children reach the age of 18 for both boys and girls. Previously, custody was granted to mothers only until the son turned 11 and the daughter was 13. This adjustment allows mothers to maintain custody rights longer, aligning with recent provisions with the law for non-Muslims.  

This change marks a considerable improvement in the protections available to parents and children during custody disputes. 

Empowering Children’s Choices 

The new law allows children to decide which parent they want to live with when they turn 15, provided that the court determines this choice is in their best interests. This provision acknowledges the importance of respecting children's independence while ensuring their overall well-being is prioritized.  

Equal Travel Rights for Parents 

There will be equal travel rights for both parents, helping to minimise typical disputes that may arise during separation. Each parent is allowed to travel with their child for a total of up to 60 days each year, with the requirement that the court ensures the child's safe return. This 60-day period is calculated from the first granted permission. The court may also extend this travel duration if it is determined to be in the best interest of the child, such as for medical treatment or urgent situations. 

Stricter Oversight of Children's Emirates IDs and Passports 

The new family law introduces enhanced regulations regarding children’s Emirates IDs and passports. Under this law, the mother will retain the child’s ID, while the father will hold the passport. Misuse of these documents can lead to serious legal repercussions. For instance, if one parent attempts to use the child’s ID to leave the country without the other parent's consent, the affected parent has the right to contest this action in court. This provision aims to protect children's welfare and ensure that both parents are involved in significant decisions affecting their children. 

Compensation for Divorced Women 

A significant addition to the law addresses financial compensation for women who have undergone divorce. If a husband initiates the divorce without any fault on the part of his wife, or if the divorce results from his actions, the wife is entitled to receive compensation along with her alimony for the waiting period. The compensation amount will be determined based on the husband’s financial situation, with a cap set at the equivalent of one year’s alimony. The court may also allow for payments to be made in instalments. 

Priority of Alimony 

Alimony must be paid starting from the moment a claim is filed and it is considered a privileged debt, meaning it has to be paid before most other debts. This ensures that those who depend on this financial support receive it without delay. In contrast, any alimony that is owed from before the claim was filed is treated as regular debt, which means it will not be prioritised the same way.  

Conclusion 

With implementation set for April 2025, these extensive reforms in the UAE’s family law signify a transformative shift in custody arrangements, financial rights, and responsibilities. By focusing on the rights of both parents and children, the UAE is reinforcing its dedication to family stability and adapting its legal framework to meet the demands of modern society. This legislation exemplifies the nation's progressive vision for fostering strong family relationships and prioritizing the welfare of its youngest citizens.