The Journal returns. This issue examines the new UAE Personal Status Law and its relevance to marriage, divorce, custody, maintenance, guardianship, wills and inheritance. Family law touches people at sensitive moments in life — this note sets out the main points in clear, practical language.
1. What happened?
The UAE has issued Federal Decree-Law No. (41) of 2024 On the Issuance of the Personal Status Law. The law entered into force on 15 April 2025, replacing Federal Law No. (28) of 2005 Concerning Personal Status. This is a significant federal reform — personal status law governs family relationships, children, financial obligations between family members, inheritance, wills and estate administration.
For families, spouses, parents, heirs and residents, the new law matters not only because it changes the legal text, but because it may affect how family documents are prepared, how disputes are handled, which court hears a matter, and how UAE-connected estates are dealt with after death.
2. What changed?
The new law creates a refreshed federal framework for personal status matters. It should not be treated as a simple checklist — the result in any particular case may depend on nationality, religion, domicile, residence, family documents, the applicable law, the location of assets and the jurisdiction of the competent court.
Key areas include:
- Scope of application. The law contains rules on when it applies to UAE citizens, including where one or both parties are Muslim; to non-Muslim UAE citizens subject to applicable exceptions; and to non-UAE citizens subject to applicable-law choices permitted under UAE legislation.
- Marriage and family-law matters. The law addresses engagement, marriage contracts, capacity, consent, guardianship in marriage where applicable, dowry-related matters and the legal consequences of marriage.
- Divorce and separation. The law regulates separation between spouses — including divorce, khulʿ, judicial separation and related consequences. These issues remain fact-sensitive and should not be reduced to general assumptions.
- Custody, visitation and maintenance. The law contains provisions on maintenance, custody, visitation, travel with children in custody, custody-related documents and the role of the court where the child’s interests are in issue.
- Guardianship, wills, inheritance and estate handling. The law sets out rules on guardianship over persons and property, wills, inheritance, estate rights and estate administration. It also addresses the role of the estate judge in matters such as proof of death, identification of heirs, estate inventory, liquidation, distribution and related disputes.
- Court competence. The law specifies when UAE courts may hear personal status cases, including matters connected to a person’s domicile, residence or place of work in the UAE, and rules on estate matters connected to a deceased person’s UAE links or UAE assets.
- Gregorian calendar durations. The law adopts Gregorian calendar durations unless otherwise stated — practically important for deadlines, ages, periods and procedural timing.
- Family guidance and amicable resolution. Where applicable, disputes may be referred to family guidance before proceeding to court, although certain matters are excluded. Where a reconciliation is reached through family guidance and approved in the required manner, it may have enforceable effect.
- Implementing regulations. Official Ministry of Justice materials refer to Federal Judicial Council regulatory decisions concerning arbitrators, family guidance, child visitation, affidavits and authentications, and Sharia marriage officers — indicating a broader procedural framework supporting the implementation of the new law.
3. Why does it matter?
Family-law issues tend to arise during sensitive periods: marriage planning, separation, disputes about children, the death of a family member, the administration of assets. The new law therefore matters because it may affect both personal arrangements and the formal documents that record them.
Marriage contracts, family agreements, wills, estate-planning documents and guardianship arrangements may need review. Families with UAE assets should also check whether property, bank accounts, company interests and other records are clearly documented and accessible.
For expatriate and mixed-nationality families, applicable law can be particularly important. The fact that a family lives in the UAE, owns UAE assets, married abroad, has children of different nationalities, or follows a particular religion may all affect the analysis. In inheritance and estate matters, the location of assets and the existence or absence of a valid will may also be critical.
Custody, visitation and travel arrangements involving children should be clear, documented and realistic. Estate documents and asset records should be organised before a dispute arises. Above all, general family-law assumptions should not replace advice grounded in the specific facts.
4. Who should pay attention?
- Married couples.
- Individuals considering marriage in the UAE.
- Divorced or separating spouses.
- Parents dealing with custody, visitation or maintenance.
- Guardians and family members responsible for minors.
- Families with UAE assets.
- Heirs and beneficiaries.
- Expatriate families living in the UAE.
- Mixed-nationality families.
- Individuals who have not reviewed their wills or estate documents recently.
5. Practical points to consider
- Review marriage contracts and related documents.
- Review wills and estate-planning documents.
- Check whether UAE assets are properly recorded.
- Keep clear records of family agreements and financial arrangements.
- Review custody, visitation and travel arrangements involving children.
- Consider whether guardianship arrangements are clear.
- Understand which law may apply to the family matter.
- Prepare complete documents before filing or defending a family claim.
- Consider amicable resolution where appropriate.
- Obtain specific advice before relying on assumptions about divorce, custody, inheritance or applicable law.
Closing note
The new Personal Status Law matters because it affects people, families and assets in direct and personal ways. Its practical effect will depend on the facts of each case, but the lesson is clear: family arrangements and estate documents deserve careful review — especially where there are children, cross-border elements, UAE assets or potential disputes between heirs.