Key Changes to the UAE Personal Status Law

In a further move to revamp the almost 20-year-old UAE personal status law, the United Arab Emirates (“UAE“) has passed Federal Decree Law No. 50/2023, amending certain provisions of Federal Law No. 28 of 2005 concerning Personal Status. These changes officially came into effect on November 30, 2023.

Here are the key highlights of the updated legislation which applies to all personal status law matters applicable to Muslims within the UAE:

1. Custodial Mother’s Educational Authority:

According to these latest amendments, the custodial mother shall have educational authority over the child, provided that to do so serves the best interests of the child. Previously, the default position was that the father, who is the child’s guardian, was responsible for the child’s education.

2. Dispute Resolution for Child’s Best Interests:

In the event of a dispute over what serves the best interests of the child, any interested party may submit the matter to the urgent matters judge. The judge will then issue a decision based on a petition, taking into consideration the competence of the custodial mother, without compromising her right to educational authority.

3. Passport and Personal Identification Documents for Adults:

This legislation grants every individual who reaches the age of eighteen years, the right to retain their passport and any other personal identification documents. . Contrast this to the prior position, which was the parent, usually the father as the guardian, would retain a child’s passport up until the age of twenty-one years.

4. Bequests to Heirs:

This law allows a bequest to an heir in two specific scenarios:

• If it gains approval from consenting adult heirs (above the age of twenty-one years), it shall be executed from the share of those who have given their consent.
• If it is deemed necessary for a prevailing interest, as determined by the court, the bequest shall be executed even if some remaining heirs do not provide their approval.

How can we help?

These legislative changes are of paramount importance and may have implications for various aspects of your personal and family matters. We are here to provide guidance and support as you navigate through these legal amendments.

Should you have any questions or require further information, please do not hesitate to reach out to us.