The new “Personal Status Law” enters into force tomorrow

The decree of the Federal Law No. (41) of 2024, regarding the issuance of the Personal Status Law, which was issued last October, will enter into force tomorrow, according to what the UAE legislation said, the official platform of the UAE government legislation.

The decree includes fundamental materials and modifications, among them the assertion that each of the spouses has a financial liability independent of the other, and the wife is free to dispose of her money, and it is not permissible for the husband to dispose of it without her consent, and if one of the other spouses participates in developing money or building a residence or the like, he had to return to the other party or the heirs with his share in it.

The decree also set seven controls that regulate the process of stipulation in marriage contracts, and it includes: First, the couple when their conditions are only a condition that is forbidden or forbidden permissible, and secondly if the marriage contract is stipulated in a condition that contradicts the hero of the contract, and thirdly if a condition is stipulated that does not contradict its origin but contradicts its requirements or if it is forbidden by law, the hero of the condition and the validity of the contract, and fourth if it is required. Sharia, the condition is valid and it must be fulfilled, and if one of the spouses violates what is his other condition, then the stipulation is a request to annul the marriage contract, unless his right is brought down, frankly or implicitly, and it is considered in the ruling on implicit satisfaction a year over the knowledge of the violation, as the right to annulment falls with the remaining divorce, and fifth if the lack of fulfillment of the husband is that the annulment is without compensation Sixth, the condition is not proven to the option of annulment of the marriage contract unless the condition is stipulated in writing in the marriage contract document or the couple approved, and the seventh is not accustomed to denying any condition unless it is stipulated in writing in the marriage contract.

The decree emphasized that the marriage is held in the affirmative and acceptance between the parties to the contract by the pronouncement of the explicit marriage, and by writing when unable to speak, and by the understandable reference when the inability to speak and write.

And specifying two cases in which the marriage contract is incorrect, including the marriage contract in which one or more cornerstone of the marriage contract, and the marriage contract in which one or more requirements of the contract are left behind.

And the false marriage does not arrange any effect before entering, as it follows after entry, the kit and the lineage is proven.

And among the effects of the corrupt marriage that the court annulments the corrupt marriage contract, and there is no effect before entering except for divorce if the husband causes it, then a lower pink is clear, and it entails after entering: the entitlement of a woman to the name of the name or the dowry of the proverb if he does not name the dowry, proves the lineage, the necessity of the kit, the prohibition of intermarriage, and the entitlement of the woman alimony unless the contract is known.

It is valid for the couple to a corrupt or void marriage to conclude a new marriage contract that fulfills the pillars without the need for a court ruling to cancel the previous corrupt or false contract, taking into account the procedures regulating the documentation of marriage contracts.

The decree organized the issue of recovery of gifts, as he showed that if the two parties or one of them changed from the sermon, only the conditional gifts will be recovered by completing the marriage, and valuable gifts that exceed the value of each of 25 thousand dirhams, if it exists, otherwise it is like it, or its value on the day of its arrest, unless the gift is consumed by its nature.

And if the sermon ends with death, or because of the hand of one of the two parties in it, none of the gifts will be recovered.

The decree identified five cases of the group between the spouses, namely divorce, divorce, dislocation, annulment of the marriage contract, and the death of one of the spouses.

Divorce falls from the husband by pronouncing or writing by any means, and when they are unable to do so, with the understandable reference, while the divorce does not occur to the wife unless she is in a correct marriage.

Repeated divorce or associated with a number, writing, or signal, does not take place except for one shot.

Each of the spouses has the right to seek divorce for the damage that is impossible for the ten hours of virtue between them, and the court may judge the divorce if the damage is proven and the reform is not possible.

The decree authorized any of the spouses to seek divorce for the damage in the event of addiction to one of them drug use, psychotropic substances or intoxicants, which preserves his right not to force to live with a person who is addicted and is not entrusted with himself and his family.

The decree included an amendment to the provisions related to the custody by emphasizing the importance of taking into account the interest of the custody in all rulings and preventing bargaining for its rights after the divorce.

The decree raised the age of the end of the custody by reaching the custody of 18 years, and its unification of the male and the female, unlike the previous law that determines the end of the custody of women by reaching the male 11 years and the female 13 years.

He also created a ruling that gives the custody the right to choose the residence of any of his parents by completing it for 15 years, and it was reviewed in the event that the incubator is a mother over the debt of the custodian, so that the ruling is due to the court’s estimate according to what the custodian interest requires, unlike the previous law that stipulates the end of the non -Muslim mother’s custody upon completion of the custody for five years.

The decree created penalties that amount to imprisonment or a fine of no less than 5,000 dirhams and not exceeding 100 thousand dirhams, or one of the two penalties, on the actions related to the attack on the money of the palace, the travel of the custodian without permission, the disperse of the money of the inheritance and the seizure of it, the abuse, the infringement or neglect of the parents, or leaving them without care or refraining from spending on them whenever their expense is obligatory.

Postponement

The decree authorized the agreement in the marriage contract to postpone the entire dowry or some of it, and if it does not stipulate in the contract the postponement of the dowry and a certain time is not specified for its delivery, then it must be delivered when demanding it, and if it stipulates in the contract the postponement Al -Baynah or the death of one of the spouses, and in all cases the dowry is solved by the perfect division or the death of one of the spouses.

The rights of the couple

The decree obliged the spouses to take into account the good cohabitation between them with the virtue, in a way that leads to affection and mercy, and the non -harm of one to the other financially or morally, and the failure of one of them to refrain from marital cohabitation or childbearing except with the approval of the other.

The husband must alimony the virtue, justice between wives in the treatment and due alimony, and the wife must obey the virtue, and breastfeed their children unless there is an objection that is permissible legally from that.