Personal Status Law in the UAE (2026): Marriage, Divorce, Custody and Inheritance Rights

What is the UAE's Personal Status Law?

Personal status law deals with legal matters arising from family relationships and, in relevant cases, the estate of a deceased person.

It covers matters such as:

• Marriage and marriage contracts
• Divorce and separation
• Khula
• Spousal and child maintenance
• Child custody and visitation
• Guardianship
• Proof of parentage
• Wills
• Inheritance
• Estate administration

The applicable rules are not necessarily the same for every person living in the UAE. The person's religion, nationality, residence and the circumstances of the case can affect which legal framework applies.

Which Personal Status Law Applies to You?

Before considering marriage, divorce, custody, maintenance, wills or inheritance, it is important to understand which legal framework applies to your circumstances.

The applicable rules can depend on factors such as your religion, nationality, residence in the UAE and the nature of the family matter involved.

Federal Decree-Law No. 41 of 2024

Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law is the main federal personal-status framework for matters within its scope.

The law applies to UAE citizens in the circumstances specified in Article 1, including where both parties or one of them is Muslim. It also contains provisions concerning non-Muslim UAE citizens and provides for the application of certain religious or other rules in the circumstances recognised by UAE legislation.

For non-UAE citizens, the law also contains specific rules concerning when it applies and when a person may seek the application of another law permitted under UAE legislation.

Federal Decree-Law No. 41 of 2022 for Eligible Non-Muslims

Federal Decree-Law No. 41 of 2022 on Civil Personal Status establishes a separate civil personal-status framework for non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE, subject to the conditions set out in the legislation.

The law covers matters including marriage, divorce, child-related matters, wills, inheritance and proof of parentage. It also contains specific rules concerning the circumstances in which a person's home-country law may apply.

This means that being a non-Muslim resident of the UAE does not, by itself, answer every question about which law applies. The person's circumstances and the particular legal issue should be considered before relying on a specific rule.

Marriage Under UAE Personal Status Law

One of the main things that personal status laws cover is marriage.

Under Federal Decree-Law No. (41) of 2024, the legal capacity for marriage is generally completed at the age of 18. The law also provides specific rules for marriage below that age where a court permit is required and the applicable conditions are satisfied.

For a marriage governed by this law, the marriage contract must meet the required legal conditions. These include the offer and acceptance of the spouses, the applicable guardian requirement, the consent of the wife and the presence of two witnesses, subject to the exceptions and conditions set out in the law.

The law also requires the marriage contract to be documented through the competent court in accordance with the applicable procedures.

Rights and Responsibilities of Spouses

Marriage creates legal rights and responsibilities for both spouses.

The law addresses matters including:

• Mutual respect and good treatment
• The marital home
• Dowry
• Financial maintenance
• Care of children
• Separate financial ownership of each spouse

An important point is that the law recognises the separate financial entity of each spouse. A wife may dispose of her own property, and the husband cannot dispose of her property without her consent. Where one spouse contributes to developing the property of the other, the law also provides for the possibility of claiming the relevant share.

Divorce Under UAE Personal Status Law

Divorce can arise in different ways under UAE personal status law.

Federal Decree-Law No. 41 of 2024 recognises divorce, Khula, revocation of the marriage contract and other forms of separation.

A spouse may also seek divorce where the legal conditions for doing so are met.

For example, Article 71 provides that either spouse may request divorce because of harm that makes continued married life impossible according to accepted standards, provided the harm is established and reconciliation is not possible.

The law also contains provisions dealing with divorce connected with matters such as absence, disappearance and imprisonment.

Can a Wife Apply for Divorce?

Yes. A wife may seek divorce in circumstances recognised by law.

The grounds and procedure depend on the facts. The law includes provisions dealing with harm, absence, imprisonment and other situations, while Khula is also recognised as a form of separation.

This is why the correct legal route should be considered before filing a case. The facts, marriage documents and applicable law can affect the available options.

What is Khula in the UAE?

Khula is a recognised form of separation under the Personal Status Law.

It is different from simply describing a divorce as a mutual decision. The legal requirements and financial consequences can depend on the circumstances and the terms involved.

Anyone considering Khula should understand the effect it may have on financial rights, the dowry and other claims before proceeding.

Maintenance After Marriage or Divorce

Financial maintenance is another important part of personal status law.

The law contains provisions dealing with maintenance for spouses, children and certain relatives.

For children, Article 106 places responsibility for the maintenance of a young child who has no money on the father, subject to the conditions in the law. It also addresses maintenance for adult children who are unable to sustain themselves, as well as specific daughter-related issues.

The amount and scope of maintenance are not necessarily identical in every case. The financial circumstances of the parties and the needs of the person claiming maintenance can be relevant.

Child Custody in the UAE

Custody is separate from guardianship.

Under the 2024 Personal Status Law, custody involves the child's care, upbringing and protection while taking the child's interests into account. The law also addresses educational guardianship and the responsibilities of the guardian.

When parents separate, the law generally gives the mother the first position in the order of custody, followed by the father, then certain grandparents, while allowing the court to decide differently when the best interests of the child require it.

How Long Does Child Custody Last?

Under Article 123, custody generally ends when the child reaches 18 years of age.

There is also an important provision for older children. When a child reaches 15, the child may choose to live with either parent unless the child's interests require a different decision.

This does not mean that every custody dispute is automatically decided by the child's preference. The court can consider the child's interests and the circumstances of the case.

Can a Parent Travel Abroad With a Child?

Travel is an important issue in many custody disputes, especially where one or both parents are expatriates.

Under Article 116, a custodial parent generally requires the written approval of the other parent or guardian to travel outside the UAE with the child. The court can authorise travel in certain circumstances, including for the child's benefit, treatment or another recognised necessity, subject to the conditions provided by law.

Parents should therefore avoid making international travel arrangements involving a child without first checking whether consent or a court order is required.

Visitation Rights After Divorce

Divorce does not automatically end the relationship between a child and either parent.

Article 121 provides that where a child is in the custody of one parent, the other parent has rights to visit, take the child for visits and, where applicable, have overnight visits according to the parents' agreement. If they cannot agree, the court can determine the arrangements based on the child's interests.

The court may also address practical issues such as visitation dates, locations and transportation.

Inheritance Under UAE Personal Status Law

Inheritance is another major part of personal status law. Under Federal Decree-Law No. 41 of 2024, the estate consists of the property and financial rights left by the deceased. Before the remaining estate is distributed, the law sets out an order for dealing with the estate:

1. Funeral expenses are dealt with.
2. The deceased's debts are settled.
3. The valid will is carried out within the applicable limit.
4. The remaining estate is distributed among the heirs.

The law then sets out detailed inheritance shares for spouses, parents, children and other relatives.

For example, the husband's fixed share can be one-half or one-quarter depending on whether the deceased wife has an inheriting descendant. The wife's share can be one-quarter or one-eighth depending on whether the deceased husband has an inheriting descendant.

Inheritance calculations can become complicated when there are several heirs, previous marriages, children, debts, wills or assets in different countries.

What About Wills in the UAE?

A will allows a person to make a legal disposition that takes effect after death.

Under the 2024 Personal Status Law, a will is generally executed from the estate within the limits provided by the law. Article 173 states that the will is executed within one-third of the estate after funeral expenses and debts, subject to the rules that allow heirs to approve an excess where applicable.

The law also recognises the validity of a will where the testator and beneficiary have different religions.

For non-Muslims covered by Federal Decree-Law No. 41 of 2022, the rules are different. The law allows a person to leave a will covering property located in the UAE, subject to its requirements. Where there is no will, Article 11 sets out a statutory distribution system, including equal distribution among children regardless of gender in the circumstances specified by that law.

This is particularly important for expatriates who own property, bank accounts or other assets in the UAE.

What Happens If Family Members Live in Different Countries?

Cross-border family matters can require additional consideration.

A couple may have:

• Different nationalities
• A marriage registered in another country
• Children living in another country
• Property in the UAE and overseas
• A foreign divorce judgment
• A will made outside the UAE

In such situations, questions of jurisdiction, applicable law, recognition of foreign documents and enforcement may arise.

The UAE Personal Status Law itself contains jurisdiction rules for cases involving citizens and foreigners who have a domicile, residence or place of work in the UAE.

For this reason, nationality alone does not always answer which law will apply.

Which Court Handles Personal Status Matters in the UAE?

The UAE courts have jurisdiction over personal status matters in the circumstances set out in the law.

Article 3 provides jurisdiction for matters involving citizens and foreigners who have a domicile, residence or place of work in the UAE. It also contains specific jurisdiction rules for matters such as maintenance, custody, visitation, divorce and inheritance.

The law also provides for an estate judge to handle matters such as proving death, identifying heirs, listing and liquidating the estate, and distributing estate assets.

What Documents May Be Needed?

The documents required depend on the type of personal status matter.

Depending on the case, documents may include:

• Marriage certificate
• Divorce certificate or judgment
• Birth certificates
• Passports and Emirates IDs
• Property or bank documents
• Existing wills
• Death certificate
• Documents identifying heirs
• Foreign court judgments or certificates

Foreign documents may also require legalisation, attestation or certified Arabic translation before they can be used in UAE proceedings.