Cohabitation: What Does the Law Say?

People from all around the world wish to make the UAE their new home. As per the stats, five hundred thousand come from the Western world, making up 5% of the UAE population. Understandably, this growing population comes with a diversification of lifestyles and family structures.

This includes the cohabitation of unmarried couples, which has been criminally punishable since the inception of the Emirate. However, in 2021, the UAE made history by relaxing its laws to accommodate expats and tourists in an informal relationship.

Our blog post delves into the current legalities of cohabitation in the UAE, explaining the laws concerning it.

• Is it Legal For Unmarried Couples to Live Together in the UAE?
• Overview
• The Laws Concerning Cohabitation in UAE
• FAQ

Is it Legal For Unmarried Couples to Live Together in the UAE?

The short answer is yes. The New UAE Penal Code has decriminalized cohabitation, allowing unmarried opposite-sex couples to live together. However, it comes with a few caveats.

One of which is the consent of a spouse or legal guardian under Article 409 of Federal Decree Law No. (31) of 2021. Either partner can still face repercussions if their spouse or legal guardian files an objection.

Unless that spouse or legal guardian takes back the complaint, the person can face a minimum of 6 months in prison.

Another issue arises if a child is born to an unmarried couple. Consensual sex between unmarried partners is legal, but special considerations are in place in case of childbirth.

Under Article 410 of Federal Decree Law No. (31) of 2021, the couple can face a minimum of two years in prison unless:

• The resident couple gets married and obtains the birth certificate for the child.
• The couple independently or jointly acknowledges paternity over the child and obtains the necessary paperwork.

These regulations are in place to protect children, regardless of their parent’s marital status. However, it’s important to mention that these conditions only apply if the woman is over 18 years of age.

As of November 2024, unmarried couples can freely stay together in hotel rooms without any legal troubles.

Moreover, opposite-sex residents can also legally live together in an apartment. However, it’s still entirely up to the residential building to accept them as tenants as per their regulations.

This means couples in a live-in relationship may still face problems securing a place in family-friendly communities.

Overview

Now, it’s time to understand the relevant laws through which cohabitation was deemed legal.

In November 2020, the UAE government announced a major overhaul to the country’s legal system. The new laws reflected the country’s commitment to social progress and inclusion.

Traditionally, under Article 356 of Federal Law Number (3) of 1987, cohabitation between unmarried opposite-sex couples was illegal. This was seen as a criminal offence, leading to imprisonment and deportation.

Until November 2020, when Federal Decree Law No. (15) of 2020 amended Article 356. The amendment removed the provisions that criminalised the “indecent crime of assault with a mutual consent”. Simply put, from here on, it was legal for unmarried couples to live together.

Later on, Federal Decree Law No. (31) of 2021 was issued. Article two of this new Decree revokes Federal Law No. (3) of 1987 altogether. Now, the New UAE Penal Code concerning cohabitation is defined in Article 409, which is explained in the next section.

The Laws Concerning Cohabitation in UAE

This section will explain all the laws mentioned in this blogpost regarding cohabitation in simple words. It will also cover how they have changed over time, starting with the old law:

Article 356 of Federal Law Number (3) of 1987:

This was the old law that criminalised cohabitation.

According to Article 356, couples over the age of 14 engaging in cohabitation were considered to be committing indecent assault.

If a couple were to be charged with the crime, they faced at least 6 months of detention followed by deportation.

However, this was changed to legalise in 2020 with the Federal Decree Law No. (15).

Article 1 of Federal Decree Law No. (15) of 2020:

This law amended the old law to allow cohabitation out of wedlock.

Article One of this decree made changes to the Article 356 of Federal Law Number (3) of 1987.

The provision that mentioned indecent assault was entirely removed. This change came into effect on September 28th, 2020, and from then on, it was legal to live together without marriage.

Articles 409 and 410 of Federal Decree Law No. (31) of 2021:

These are the new laws that further define unmarried relationships and parenting.

One major change was the change in the juvenile age, which is relevant to people planning to live together.

Now, the legal age of a minor is raised from 14 to 18 years old.

Furthermore, under Article 409, unmarried consenting adults are free to live together unless there is a complaint from their spouse or guardian.

If the spouse or guardian does not cancel their complaint, the couple can be jailed for 6 months or more.

On the other hand, Article 410 deals with babies born to consenting unmarried couples. The law protects children by mandating that both parents acknowledge paternity over the child.

Failing to do so will result in incarceration of two years or more.

Moreover, parents are also required by law to file for identification papers and travel documents for their child. These will be acquired according to the laws of either parent’s home country.

Alternatively, the parents can get legally married to avoid any criminal liability.

FAQ

In conclusion, cohabitation is legal in the UAE according to the latest changes to the Penal Code. However, couples should be aware of potential hurdles like objections from their guardians. The new laws even decriminalise having babies before marriage, but both parents are required to legally claim the child as their own.

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