April 2025 marks a transformative moment for families across the UAE. With the introduction of Federal Decree-Law No. 41 of 2024, sweeping reforms to the UAE’s Personal Status Law will come into effect, reshaping how divorce, child custody, financial rights, and inheritance are handled.
At TWS Legal Consultants, we’ve been closely advising clients on what these changes mean.
Here’s what you need to know and why it matters.
Divorce Just Got Simpler and More Balanced
Couples can now mutually choose the applicable law for their marriage or divorce proceedings. If no foreign law is chosen, UAE law applies by default. This flexibility is especially valuable for expatriate couples of different nationalities
Additional grounds for divorce are now explicitly recognised: substance abuse, medical incapacity, imprisonment, and abandonment, offering stronger legal standing to those in difficult relationships.
Equal Parental Custody Until Age 18
One of the most welcomed changes is that both parents now retain custody until the child turns 18, a major shift from the previous age caps (11 for boys, 13 for girls). The law prioritises the child’s best interests at all times.
Children over the age of 15 can now choose which parent they want to live with, subject to court approval.
Importantly, mothers no longer risk losing custody just because they leave the family home, so long as the child’s welfare isn’t affected.
Equal Travel Rights and Document Control
The new law gives both parents equal rights when it comes to child travel:
- Either parent can travel with a child for up to 60 days a year without needing the other parent’s consent.
- Failing to return a child’s passport or Emirates ID to the other parent can now result in fines.
- If a parent travels abroad with a child without consent, penalties apply, ensuring accountability and reducing conflict.
The law aims to eliminate travel-related disputes and protect children from being taken abroad without proper consent.
Stronger Financial Protection for Women and Children
The reforms offer stronger financial safeguards, including:
- Backdated maintenance claims: Wives can now claim unpaid financial support for up to 6 months.
- Alimony as a priority debt: Courts will ensure spousal and child support are fulfilled before settling other debts.
- Shared asset protection: A spouse cannot sell or lease jointly owned property without the written consent of the other party.
- Fathers must continue supporting daughters until they marry or become financially independent, even if divorced or widowed.
Inheritance & Wills: What You Must Know
For Muslims, inheritance remains subject to Sharia, limiting discretionary bequests to one-third of the estate. However, the new law brings procedural enhancements, including the introduction of a dedicated Estate Judge and clearer court jurisdiction for probate.
For non-Muslims, testamentary freedom is still protected under the DIFC Wills Service Centre and Abu Dhabi Judicial Department frameworks. The law continues to permit non-Muslims to opt out of Sharia law by registering a Will according to the legal provisions available to them in the UAE.
Why These Reforms Matter
The UAE’s revised Personal Status Law marks a bold and progressive step forward in strengthening family rights, gender equality, and legal protection for children and spouses.
At a time when many UAE families are navigating international lifestyles, blended households, and financial complexity, these changes provide the legal clarity and reassurance expats need to make informed, confident decisions.
Need to Update Your Will? Thinking of Divorce? Or Concerned About Custody?
We’re here to help, every step of the way.
Whether you’re navigating the emotional complexities of divorce, seeking clarity on custody arrangements, preparing a UAE-compliant Will, or planning your family’s financial legacy, TWS Legal Consultants provides compassionate, strategic, and results-driven legal advice.
Our UK-qualified solicitors are experts in UAE and international family law, and we specialise in:
- Drafting Wills and Guardianship Provisions for UAE-based families, including Muslims and non-Muslims
- Representing clients in divorce and financial settlements, including high-net-worth and cross-jurisdictional cases
- Advising on child custody and visitation rights, in line with the latest UAE legal reforms
- Helping you secure your family’s future through asset and legacy planning, DIFC foundations, Property Conveyancing and UAE Golden Visa options
With over 15 years of legal expertise and a deep understanding of local regulations, we are here to simplify complex issues and protect what matters most, your family, your rights, and your future.
