UAE Revamps Marriage and Guardianship Policies
UAE's New Marriage and Guardianship Rules: What Changes from April 15?
The United Arab Emirates (UAE) is introducing several significant changes to the federal personal status law from April 15. The new regulations aim to modernize marriage, guardianship, and divorce procedures while providing greater flexibility and unified legal frameworks. These changes affect not only local residents but also expatriates in the country, particularly Muslim communities. Let's explore the key provisions of the new law!
1. Legal Framework for Marriage
For the first time, the new law regulates that women have the right to choose their spouse independently, even if their guardian disagrees with the choice. This is a particularly important step for Muslim women who are not citizens but reside in the country. If an individual's national legislation does not require guardian consent for marriage, then under UAE law, the guardian's approval is not necessary.
The legal age for marriage is set at 18 years old by the law. Individuals over the age of 18, whose guardians do not consent to their marriage, have the right to request a judicial decision. Additionally, the law allows underage couples to handle their marriage matters independently without needing a guardian.
An interesting provision states that if there is an age gap of more than 30 years between the spouses, a judicial permit is necessary for the marriage. This regulation aims to protect the younger party from potential exploitation.
2. Legal Definition of Engagement
The new law provides a precise definition of engagement: it is a man's request to marry a suitable woman, along with a marriage promise. However, the engagement does not constitute a marriage and carries no legal consequences. If the engagement is broken, gifts can only be claimed back if they were given on the condition of marriage. Gifts exceeding 25,000 dirhams can be reclaimed, in kind or by their value, provided they are not consumable items.
3. Spousal Home Rules
According to the law, the wife is to live with her husband in a suitable marital home, unless otherwise stated in the marriage contract. The husband can live in the marital home with his parents and children from different marriages, provided it does not harm the wife. Similarly, the wife can live in the marital home with her children from another marriage if they have no other guardian, or if separation would be harmful to them. If both parties own or rent the marital home, no one else can live there without the consent of the other party.
4. Guardianship and Parental Rights
The new law highlights that working or leaving home does not infringe on marital obligations and emphasizes the importance of family well-being. Changes have also been made in guardianship laws: children's interests are prioritized and precede parental custody disputes.
The guardianship cessation age has been raised to 18 years for both genders, removing previous disparities. Children over the age of 15 have the right to choose which parent they want to live with. The custodial mother is given decision-making rights regarding the child’s upbringing to ensure the child’s best interests.
Individuals who have reached the age of 18 are entitled to retain their passports and identification documents, unless a judge rules otherwise. However, the guardian may keep legal documents as long as they are not used for travel without the guardian's or court's permission, and they do not infringe on the child's interests.
5. Penalties
The new law introduces strict penalties for cases involving the exploitation of minors' assets, unauthorized travel, or neglect of parental duties. These offenses can result in imprisonment or fines ranging from 5,000 to 100,000 dirhams.
6. Use of the Gregorian Calendar
The new law employs the Gregorian calendar for calculating time periods unless otherwise stipulated. This standardizes legal processes and simplifies time calculations.
Conclusion
The UAE's new personal status law brings significant changes in several areas, aiming to protect family rights and simplify legal processes. The changes affect not only marriage and guardianship rules but also modernize intra-family relations while strengthening the rights of children and women. These changes indicate that the UAE is continuously evolving and striving to adapt to modern societal needs.
