INTRODUCTION
A new federal law regarding personal status has been issued by the UAE government on the 1st of October 2024 and which will come into effect on the 15th of April, 2025. Federal Decree Law No. 41 Of 2024 on the Issuance of the Personal Status Law has made significant changes to provisions relating to termination of marriage, child custody and the financial rights of the wife. This article is part 3 in a series of articles published on the new law. The changes in provisions relating to termination of marriage is covered under part 1 of the series, while changes in provisions relating to child custody has been covered under part 2.
1. Family Support Not Restricted to Money
As per Article 95 of the new law, family support to be provided to the wife is not limited to cash money or financial support. Now, family support can be awarded in kind or in the form of benefits instead of financial payments. Maintenance in the form of monetary payments is only one of the many options available to the husband, as opposed to being the exclusive option as per the previous law.
2. Claiming An Increase in Maintenance
Under the old law, the wife had the right to claim an increase in the maintenance amount by filing a new case after the expiry of a year.
As per article 97 of the new law, the wife now has an additional right wherein along with the right to claim an increase in the maintenance, the wife can also claim for backdated expenses for up to 6 months. Thus, after an order for maintenance has been issued by the court and the wife has waited for 3 years before filing for an increase in the maintenance, she can also claim for backdated expenses for the previous 6 months.
3. Family Support as a Priority Debt
Under the old laws, as per article 65, the family support, or the maintenance to be provided for the family was considered a priority debt thereby giving it precedence over all other debts.
As per article 98 of the new law, Family support may be classified under two heads, namely:
a) The backdated expenses awarded by the court if the husband has not provided for the family in the previous two years, and this expense is generally granted as a lumpsum amount. As per the new law, this debt is not considered a priority debt. Therefore, in the presence of other creditors, backdated expenses under this category will be considered to be at par with the other debts. Priority debts such as unpaid government charges, monthly alimony, unpaid wages to employees, professional fees to be paid to experts and lawyers will take precedence over this category.
b) The monthly ongoing alimony/maintenance awarded by the court will be considered as a priority debt which may be collected before any other debtor’s rights. However, any unpaid judicial fees will be considered a priority, above the right to monthly maintenance.
4. Eligibility of the Wife for Maintenance
As per the old law, the wife would not be eligible for maintenance if she is found to have abandoned the marital house without a valid reason or if she has denied her husband’s conjugal rights.
Under the new law, in addition to the above reasons, a new clause has been added wherein the wife does not have the right to maintenance in case she refuses to travel with the husband without a valid reason.
5. Rights Over Jointly Owned House
The new law addresses a new situation where a jointly owned house cannot be used or rented, or allowed to be used by a third party regardless of whether they are a relative of the couple, without the consent of both owners who jointly own the property.
6. Maintenance of the Daughter
Under the old laws, a daughter is required to be completely supported by the father until she is married. But as per the new law, the daughter is to be supported by her father until she gets married or until she begins working.
The same rule will be applicable for the daughter if the daughter is divorced or widowed. Thus, as per the old law, when the daughter is divorced or becomes a widow, she could claim maintenance from her father. As per the new law, she cannot claim this maintenance if she is working.
Once the law comes into force, the new Law will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates.