New UAE personal status law (2024–2025) : divorce and separation

Law No. 41 of 2024 on Personal Status, effective 15 April 2025, replaces Law No. 28 of 2005 and modernises divorce and separation rules in the UAE. It codifies mechanisms that were previously undefined or applied inconsistently (court ordered divorce, documentation duties), clarifies spouses’ rights and delivers greater predictability. This briefing highlights the key changes, focusing on dissolution models, fault and evidence, mandatory documentation and party protections.

Five forms of dissolution

• Talaq : husband’s right to pronounce divorce (conditional for the wife). The new law broadens the definition (including demands implying clear intent) and requires court documentation within 15 days, failing which compensation pro‑rated to alimony may be due to the wife.
• Tatleeq : court‑ordered divorce with codified grounds (new) : failure to maintain despite grace period; addictions (drugs/alcohol); sexual abstinence beyond defined thresholds without valid reason; etc.
• Khul’a : wife‑initiated divorce without fault in exchange for compensation (flexible : dowry or other agreed asset); children’s expenses and custody rights cannot be waived.
• Termination of the marriage contract : illness/disability, non‑payment of dowry within deadline, pre‑consummation dissolution.
• Death of a spouse.

Talaq : clarifications and delegation

The law clarifies Talaq (Art. 53) and expands delegation : the wife may now delegate Talaq proceedings (Art. 55). A husband cannot revoke POA after execution unless prior revocation and the agent’s knowledge are proven.

Tatleeq : codified grounds

• Failure to maintain the wife : 30‑day grace; if insolvency is claimed, 90 days; persistent failure may result in divorce.
• Addictions : drugs/alcohol/mind‑altering substances.
• Abstinence : oath of abstinence > 4 months or no intimacy > 6 months without valid reason.

By defining thresholds and reasons, the new law reduces uncertainty that previously depended on broad judicial discretion.

Khul’a : greater flexibility and effects

Compensation (Art. 65) is flexible (dowry or other assets); divorce is irrevocable (remarriage only under a new contract/dowry); child expenses/custody cannot be waived (Art. 66).

Invalidity of divorce : expanded grounds

Divorces pronounced under duress, extreme anger or temporary mental incapacity without proven intent are invalid; invalidity also covers divorce during the waiting period and within an invalid marriage.

Fault and separation : arbiters and relief

Either spouse may request fault-based divorce (Art. 71). If harm is not proven, the court may appoint arbiters (Art. 72) to investigate/reconcile; their report guides separation/compensation (Art. 74).

Procedure and predictability

• Document Talaq within 15 days; failing which, compensation to the wife (Art. 58).
• Mandatory reconciliation enhances traceability and may reduce conflict.
• Codified grounds increase predictability in outcomes.

Practical impacts

• Greater clarity on outcomes : defined grounds, structured timelines.
• Protection for wives : compensation for non‑registration; clearer Khul’a parameters.
• Procedural symmetry : enhanced avenues for wives (delegation, access to Tatleeq).

The 2024–2025 reform is a pivotal update: it consolidates rights in practice, resolves grey areas and aligns family litigation with more predictable standards. For a secure strategy (pathway selection, evidence, timelines), a case specific assessment is essential.

Our lawyers, who are experts in family law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Family Law
contact@agn-avocats.fr
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