If an individual over 18 wishes for own marriage but faces refusal from their guardian, they have the right to appeal to a judge
The UAE will implement changes in the federal personal status law from April 15. The new law — a copy of which Khaleej Times has seen — introduces provisions for matters being regulated for the first time.
The provisions of the new law are “characterised by flexibility, simplification of procedures, and the unification of concepts and legal durations”, according to the government.
As reported by Khaleej Times in January, the federal law lists rules around marriage consent, custody age limits and divorce procedures, among others. Here are the key provisions:
- Right to choose spouse: Women can marry the partners of their choice, even if their guardian refuses. For Muslim women who are non-citizens, the law specifies that their marriage does not require guardian consent if her nationality law does not require her to have a guardian for marriage.
- Marriage age: The decree stipulates that the legal marriage age is 18 years. If an individual over 18 wishes to marry but faces refusal from their guardian, they have the right to appeal to a judge.
The law also empowers couples who have not reached the age of majority to manage their marriage-related matters independently, without needing a legal guardian or custodian
- Age difference: If the age difference between her and the suitor exceeds thirty (30) years, the marriage may only be contracted with the permission of the court.
- Legal definition of engagement: Engagement is the request of a man to marry a woman who is permissible for him, along with a promise of marriage; however, engagement is not considered marriage.
The proposal is a request for marriage and a promise of it, and it is not considered a marriage.
- Returning gifts given if engagement is called off: Gifts can only be returned if they were given on the condition of marriage being finalised. Valuable gifts exceeding Dh25,000 can be reclaimed, either in kind or based on their value at the time of receipt, provided they are not inherently consumable.
- Marital home: The wife shall reside with her husband in a suitable marital home unless otherwise stipulated in the marriage contract.
Categories allowed to reside in the marital home
- The husband may reside with his wife in the marital home with his parents and his children from other marriages, if he is responsible for their financial support, if this does not harm the wife.
- The wife may reside with her children from another marriage in the marital home if they have no other guardian or if they would be harmed by her separation, or if the husband agrees to this explicitly or implicitly. The husband has the right to withdraw if he is harmed by this arrangement.
- If both spouses share ownership of the marital home or its lease or provision, neither may have anyone else reside with them without the consent of the other party.
- Custody and parental rights: The law clarifies that leaving the house or going to work does not violate marital obligations, emphasising the importance of considering the family’s welfare.
It also introduces amendments to custody laws, prioritising the ward’s interests above all else and preventing disputes over custody rights between divorced parents.
The age for the termination of custody has been raised to 18 years for both genders, eliminating previous discrepancies. The law now allows wards aged 15 and above to choose which parent they wish to live with. Educational authority over the ward is granted to the custodial mother, ensuring decisions align with the child’s best interests.
Individuals who reach 18 years of age are entitled to retain their passports and identification documents unless a judge rules otherwise.
The custodian retains the legal documents, provided that they are not used for travel without the permission of the guardian or the court, and that they are not used in a manner that harms the guardian, conflicts with their guardianship, contradicts the interests of the ward, or is unlawfully benefited from.
In case of violation, the guardian has the right to request the legal documents, and they will not be handed over to the custodian thereafter except with the permission of the court and in accordance with the best interests of the ward. The father bears the costs of obtaining and renewing the legal documents.
- Penalties: The new law also introduces strict penalties, including imprisonment or fines ranging from Dh5,000 to Dh100,000, for offenses such as misappropriating minors’ property, traveling with wards without permission, and neglecting parental responsibilities.
- Gregorian calendar used in calculations: The Gregorian calendar is adopted for the durations mentioned in this law, unless otherwise stated.
Source: Khaleejtimes
