Your Guide to Understanding the New Personal Status System
Why Was This Law Introduced?
With the UAE being home to a diverse population of various religions and cultures, there was a need for a family law framework that reflects this diversity.
Federal Decree Law No. (41) of 2022 on Personal Status for Non-Muslims was introduced as a modern civil legal system, aiming to provide fairness, equality, and cultural sensitivity in family matters for non-Muslim residents.
Who Does This Law Apply To?
The law applies to non-Muslim residents in the UAE, whether they are married, separated, divorced, or involved in custody disputes.
It is automatically applied unless one of the parties requests the application of their home country’s law or any other mutually agreed system—subject to court approval.
What Are the Key Features of This Law?
- Full equality between men and women in family rights and duties.
- Simplified divorce procedures without the need to prove fault or religious grounds.
- Joint custody as the default arrangement after divorce.
- Focus on the best interests of the child, based on modern civil standards.
- Recognition of prenuptial agreements and post-divorce arrangements by mutual consent.
How Does Civil Marriage Work Under This Law?
Marriage is conducted before the civil court, requiring both parties to be of legal age (18+), mentally sound, and not currently married.
The process follows a secular format, with no religious requirements or ceremonies involved.
Is Divorce Easy to Obtain?
Yes.
Either spouse may file for divorce by simply claiming the irretrievable breakdown of the marriage.
There is no need to prove wrongdoing or fault, and the process is typically efficient and timely.
What About Child Custody?
The law establishes equal and joint custody as the standard rule, allowing the child to maintain a balanced relationship with both parents.
Custody may only be denied if there is clear evidence that one parent poses a risk to the child’s well-being.
Can the Parties Choose a Different System?
Yes.
The law allows either party to request the application of their home country’s law, or to mutually agree on alternative arrangements—subject to court approval.
They may also sign binding agreements in advance regarding post-divorce rights.
Why Is This Law Considered Progressive?
Because it offers a neutral, fair, and accessible legal framework for non-Muslim families in the UAE.
It avoids imposing religious or cultural norms that may not align with the parties’ background, and places the child’s emotional and psychological welfare at the center of any decision.
