UAE’s New Personal Status Law Comes Into Effect – April 2025

Key Updates from Federal Decree Law No. 41 of 2024 Now in Force as of April 15, 2025

The United Arab Emirates recently amended significant articles of the previous Personal Status Law (Federal Law No. 28 of 2005), replacing it with the new Personal Status Law—Federal Decree Law No. 41 of 2024. Effective from April 15, 2025, this new law introduces key amendments to critical personal and family matters such as marriage, child custody, legacies, and the handling of minors’ assets, among others. Below, we explore the key highlights.

Judicial Discretion and the Role of Sharia

Under the new Personal Status Law, judges retain the ability to issue judgments based on Islamic Law (Sharia) when a specific provision is absent in the legislation. However, the law emphasizes the importance of choosing the most appropriate legal solution based on the involved parties’ interests. If no provision or interest-based outcome is available, a judgment may also be based on prevailing custom, provided it aligns with Sharia and public order.

Applicability to Non-UAE Nationals

This law not only applies to UAE citizens. It extends to non-UAE citizens as well, unless one of the parties requests the application of their national law or another agreed-upon law, provided that such application is permitted under current UAE legislation.

Family Guidance Referrals: What Has Changed?

The requirement to refer cases to the Family Guidance Department before filing in court remains in effect for many matters, especially those suitable for amicable settlement. However, the new law exempts such referrals for cases involving wills, inheritance, temporary or urgent matters, alimony, custody, and other scenarios where reconciliation is unlikely (e.g., proving a marriage or divorce).

Empowering Children in Custody Decisions

One of the most notable updates is in child custody. Children aged 15 and above are now allowed to choose which parent they wish to reside with, provided this choice does not conflict with their best interests. This gives older children more agency in custody arrangements while maintaining safeguards for their welfare.

Clarifying the Execution of Wills

The new law defines how wills should be executed. A will can be carried out up to one-third of the deceased’s estate without the heirs’ consent. If the will exceeds this one-third limit, it will require approval from the heirs and will only apply in proportion to those who consent. In the absence of heirs, or where the only heir is a spouse, additional portions may be distributed. However, these provisions only apply to wills registered with UAE courts. Separate rules apply to wills registered with entities like the DIFC Wills and Probate Registry.

Safeguarding Minor Assets and Estate Integrity

The law introduces penalties for those who intentionally or negligently damage, misuse, or fraudulently seize a minor’s property or any part of a deceased’s estate. This is an important step toward strengthening protections for vulnerable parties in inheritance and family matters.

Connect with LexDesk360 for Expert Guidance

If you have questions about how the new Personal Status Law may affect you or would like to register a will in the UAE, our team at LexDesk360 is here to help. We are committed to providing strategic and sensitive legal support tailored to your needs.

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This article is general information about the law at the date of publication. It is not legal advice and should not be relied on as such. For advice on your circumstances, talk to counsel.