How to File for Divorce in the UAE: Step-by-Step Guide

What are the main sources of family law in the UAE?

The main sources of family law in the UAE are Federal Law No. 28 of 2005 on Personal Status for Muslims, Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, and local Abu Dhabi civil family laws, applied through the Personal Status Courts. For expatriates, foreign law may sometimes apply, but UAE courts often default to UAE law, especially if foreign law is not proven.

Key legislation and who it applies to

• Federal Law No. 28 of 2005 (Personal Status Law)
  • Applies mainly to Muslims (UAE nationals and residents).
  • Covers engagement, marriage, divorce, custody, maintenance, inheritance, and related family matters.
  • Heavily based on Maliki and other Islamic jurisprudence.
• Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims
  • Applies to non-Muslim UAE citizens and residents, unless they choose their home-country law.
  • Regulates civil marriage, no-fault divorce, joint custody, and inheritance for non-Muslims.
• Abu Dhabi Law No. 14 of 2021 on Civil Marriage and Its Effects for Non-Muslims
  • Applies in Abu Dhabi Judicial Department for non-Muslims, through the Civil Family Court.
  • Introduced civil marriage, no-fault divorce, and shared custody; now largely aligned with the 2022 federal framework but still very important in practice.
• Federal Law No. 10 of 2021 on Protection from Domestic Violence
  • Provides protection orders and criminal penalties for certain forms of domestic abuse.
  • Interacts with family cases where violence or harassment is alleged.

Courts and authorities that handle family matters

• Personal Status Courts (part of the Court of First Instance in each emirate)
  • Handle Muslim and many non-Muslim family cases.
  • Located in Dubai Courts, Abu Dhabi Judicial Department, Sharjah Courts, etc.
• Civil Family Court (Abu Dhabi)
  • Deals specifically with non-Muslim personal status matters in Abu Dhabi.
• Family Guidance / Conciliation Sections
  • Mandatory first step for most divorce cases.
  • Try to resolve disputes amicably before litigation.
• Public Prosecution and Police
  • Handle domestic violence, child abuse, and criminal complaints arising from family disputes.

How does marriage work in the UAE for Muslims and non-Muslims?

Marriage in the UAE must be formally registered with a competent authority, and the procedure depends on whether the parties are Muslim or non-Muslim and on their emirate. Muslim marriages are concluded in Sharia courts or Islamic authorities, while non-Muslim marriages may be done in civil courts, licensed churches or temples, or under home-country law at consulates.

Basic legal requirements for marriage

• Both parties must have legal capacity to marry (age, mental capacity, not already married unless polygamy is allowed for Muslim men).
• At least one party should usually hold a UAE residence visa, though this can vary by emirate and venue.
• Medical premarital screening is required in most emirates.
• The marriage must be registered with a UAE court or competent authority to be fully recognised for visas, inheritance, and family rights.

Marriage for Muslims under UAE Personal Status Law

• Contract elements
  • Offer and acceptance in front of a competent authority (court or authorised marriage officer).
  • Presence of the bride's guardian (wali) and two male Muslim witnesses (or equivalents, depending on court practice).
  • Agreement on mahr (dowry), which can have an immediate and deferred part.
• Polygamy
  • Permitted for Muslim men up to four wives, subject to equal treatment and financial capacity.
  • Polygamous marriages can complicate later divorce, inheritance, and maintenance calculations.
• Interfaith rules
  • Muslim men may marry a non-Muslim woman from certain "People of the Book" religions in some circumstances.
  • Muslim women generally cannot marry non-Muslim men unless he converts, under Sharia-based rules.

Marriage for non-Muslims

• Civil marriage under UAE law
  • Available to non-Muslims in Abu Dhabi Civil Family Court and, after Federal Decree-Law No. 41 of 2022, in other emirates as civil procedures roll out.
  • No requirement for guardian or religious ceremony; focus is on consent of both adults and legal capacity.
• Religious marriage in churches/temples
  • Common for Christian, Hindu, and other communities.
  • Registration with the UAE authorities (courts or relevant departments) is needed for full recognition.
• Marriage at consulates or abroad
  • Certain embassies perform marriages for their nationals.
  • Foreign marriage certificates must be attested by the UAE Ministry of Foreign Affairs and sometimes translated into Arabic to be effective locally.

How does divorce work in the UAE?

Divorce in the UAE usually starts at the Family Guidance Section, where a conciliator tries to resolve the dispute; if that fails, the case moves to the Personal Status Court or Civil Family Court. The law and procedure differ for Muslims and non-Muslims, but in both systems a judge issues the final divorce judgment and deals with custody, maintenance, and financial rights.

Step-by-step divorce process for most residents

1. File a divorce request at the Family Guidance/conciliation section of the court in your emirate (e.g. Dubai Courts, Abu Dhabi Judicial Department).
2. Attend mediation sessions with a family counsellor. Attendance is usually mandatory, and you can request separate sessions if there is abuse.
3. Record any agreement reached on divorce terms, custody, and finances. The court can adopt this as a binding settlement.
4. If no agreement, obtain a referral to the Personal Status Court or Civil Family Court.
5. File a formal case with pleadings, evidence (marriage certificate, children's birth certificates, income proof, etc.).
6. Court hearings take place over several weeks or months, often with written submissions and witness statements.
7. Judgment is issued on divorce, custody, maintenance, property issues and mahr, followed by possible appeal and cassation stages.

Divorce for Muslims under the Personal Status Law

• Types of divorce
  • Talaq: husband pronounces divorce; the court records it and deals with consequent rights.
  • Divorce by mutual consent (khul or agreement): parties agree on divorce terms, often with the wife waiving some rights.
  • Judicial divorce at the wife's request for harm, non-payment of maintenance, absence, imprisonment, or other grounds.
• Waiting period (iddah)
  • After divorce, the wife observes a waiting period before re-marriage, typically three menstrual cycles or specified months.
  • During iddah, some maintenance rights continue in many cases.
• Mahr and financial rights
  • The wife can claim any unpaid portion of the agreed mahr.
  • She may also claim moral damages and post-divorce maintenance in limited circumstances.

Divorce for non-Muslims under civil personal status rules

• No-fault divorce
  • Non-Muslims can usually request divorce without proving wrongdoing, citing breakdown of the marriage.
  • In Abu Dhabi Civil Family Court and under Federal Decree-Law No. 41 of 2022, a single spouse's request may be enough.
• Applicable law
  • Non-Muslims may ask the court to apply their home-country law if they can prove it with certified texts and translations.
  • If they do not request foreign law, the UAE's civil personal status rules for non-Muslims typically apply.
• Division of property
  • There is no automatic community of property regime like in some Western systems.
  • The court looks at evidence of ownership and contributions; pre-nuptial or post-nuptial agreements can carry weight, especially in civil family courts.

Timelines and appeals

• Family guidance stage: often 2 to 8 weeks depending on availability and complexity.
• Court of First Instance: from a few months to more than a year for contested cases with expert reports or complex custody disputes.
• Appeal and Cassation: additional months; during this time, interim custody and maintenance orders may remain in force.

How are child custody and guardianship decided in the UAE?

Child custody in the UAE focuses on who will provide day-to-day care, while guardianship relates to financial, educational, and legal decisions. Courts base decisions on the child's best interests, considering age, religion, stability, and parental conduct, and may adjust traditional rules if they harm the child.

Custody vs guardianship

• Custodian
  • Looks after the child's daily needs: housing, food, schooling routines, health care appointments.
  • Often the mother for younger children under the Personal Status Law, unless unfit.
• Guardian
  • Handles finances, legal documents, school registrations, and major decisions.
  • Traditionally the father under the Personal Status Law, but courts can modify this if necessary.

General rules under the Personal Status Law (Muslims)

• For Muslim families, the mother is often given custody of young children unless the court finds serious issues (abuse, neglect, instability, etc.).
• As children grow older, custody can shift; there are indicative ages, but courts have wide discretion to depart from them based on welfare.
• The non-custodial parent typically has visitation rights, often scheduled weekends and holidays.
• If one parent plans to relocate, the court may restrict travel or require consent to prevent abduction or disruption of the child's life.

Civil custody rules for non-Muslims

• Under Federal Decree-Law No. 41 of 2022 and Abu Dhabi civil family laws, there is a strong presumption of joint custody after divorce, especially at the start.
• Either parent can ask the court to adjust custody if cooperation breaks down or if joint custody harms the child.
• Courts consider factors such as:
  • Child's age and specific needs
  • Each parent's ability to provide stable housing and care
  • History of violence, addiction, or neglect
  • Child's views, especially for older children

Practical points for parents

• Keep records of involvement: school meetings, medical decisions, activities with the child.
• Avoid aggressive communication; hostile messages often appear as evidence in custody disputes.
• Seek interim orders if the other parent withholds the child or blocks contact.
• International travel with children may require notarised and attested consent from the other parent, especially during disputes.

How is child and spousal maintenance calculated in the UAE?

Maintenance in the UAE is assessed case by case, with the court looking at the payer's income, lifestyle, and local cost of living. Child maintenance has priority over spousal maintenance, and courts typically order the father to cover children's basic needs, schooling, and medical costs.

Types of maintenance

• Child maintenance (nafaqa)
  • Covers food, clothing, medical care, schooling, transport, and often housing or housing allowance.
  • Generally payable by the father, even if the mother has custody.
• Spousal maintenance
  • During marriage, the husband must support the wife financially if she obeys lawful marital obligations.
  • Post-divorce spousal maintenance is limited and depends on factors like duration of marriage, harm, and the wife's financial position.
• Housing and furniture
  • Courts may order the father to provide family housing or contribute to rent where children live.
  • Some judgments include lump sums for furniture and setup costs.

Factors courts consider when setting amounts

• Verified income of the payer (salary certificates, bank statements, company records).
• Number and ages of children.
• School type and fees (public, private, international curriculum).
• Customary standard of living of the family during the marriage.
• Any special needs of the children (medical or educational).

Adjusting maintenance over time

• Either party can file a case to increase or decrease maintenance if income changes significantly.
• Courts may index awards to practical realities, but you must bring evidence of change in circumstances.
• Unpaid maintenance can lead to enforcement actions, including salary attachment, travel bans, and asset seizure.

How do inheritance and wills affect family rights in the UAE?

Inheritance in the UAE for Muslims follows Islamic rules, while non-Muslims have more flexibility and can usually apply their home-country law or register a will. These rules directly affect spouses, children, and other relatives, especially in property and guardianship of minor children.

Muslim inheritance under Personal Status Law

• Distribution follows fixed Sharia shares for spouse, children, parents, and other relatives.
• A Muslim can only bequeath up to one-third of the estate to non-heirs via will; the rest must follow Sharia shares.
• Polygamy or multiple marriages can complicate distribution between several spouses and children.

Non-Muslim inheritance and wills

• Non-Muslims may:
  • Request application of their national law in UAE courts, or
  • Register a will in Abu Dhabi or Dubai courts, or with DIFC Wills Service (for eligible individuals).
• Registered wills can:
  • Specify heirs and shares without strict Sharia limitations.
  • Appoint guardians for minor children if both parents pass away.
• If no will and no request for home-country law, courts may apply UAE rules, which may not match the family's expectations.

Impact on family planning

• Spouses should coordinate between marriage contracts, property ownership structures, and wills to avoid conflicts.
• For mixed-faith or mixed-nationality families, early planning avoids uncertainty over which law applies.
• Where businesses or foreign assets are involved, specialist cross-border advice is often necessary.

What protections exist for victims of domestic violence or family disputes?

Victims of domestic violence in the UAE can seek protection through criminal complaints, protective orders, and related family court measures. The law recognises physical, emotional, and certain economic abuses and allows rapid intervention in serious cases.

Legal framework

• Federal Law No. 10 of 2021 on Protection from Domestic Violence defines domestic violence and sets out protective measures.
• Police, Public Prosecution, and courts can act together to protect victims and children.
• Family courts consider evidence of violence when deciding custody and visitation.

Available protections

• Protection orders
  • Can prohibit the offender from approaching the victim or children's schools and homes.
  • May require the offender to attend counselling or rehabilitation.
• Criminal measures
  • Police reports can lead to criminal charges where assault, threats, or harassment are proven.
  • Evidence such as medical reports, messages, and witness statements is important.
• Family court measures
  • Courts can restrict visitation, require supervised contact, or transfer custody in serious cases.
  • Emergency applications may be possible if children are at immediate risk.

Practical steps if you face abuse

• Preserve evidence: photos, medical reports, messages, call logs, and witness details.
• Seek immediate safety through police or shelters if required.
• Consult a family lawyer before making major decisions about relocation or taking children abroad, as this can raise separate legal issues.

What are typical timelines and costs in UAE family cases?

Timelines for UAE family cases range from a few weeks for uncontested divorces to more than a year for complex, contested matters with appeals. Court fees are moderate, but translation, legalisation, and lawyer fees can be substantial, especially in multi-jurisdictional disputes.

Approximate timelines

• Uncontested divorce with agreement: 1 to 3 months from filing to judgment, depending on court backlog.
• Contested divorce with custody and maintenance disputes: 6 to 18 months through first instance, plus extra time if appeals are filed.
• Interim orders for custody or maintenance: sometimes issued within weeks where urgent.

Typical government and procedural costs (approximate)

These figures are indicative only and differ by emirate, language needs, and the number of hearings.

When should you hire a family lawyer in the UAE?

You should hire a family lawyer in the UAE when your case involves children, significant assets, foreign elements, or any risk of criminal allegations. A lawyer is also advisable whenever you feel pressured, unsafe, or unable to understand Arabic court procedures and documents.

Situations where professional help is highly recommended

• Cross-border marriages and divorces
  • Spouses of different nationalities or religions.
  • Assets or properties in multiple countries.
  • Children with dual nationality or travel between countries.
• Disputes over children
  • Disagreement about custody, schooling, relocation, or travel.
  • Risk of child abduction or wrongful retention in or out of the UAE.
• Financial complexity
  • Family businesses, significant savings, or investments.
  • Disputes over property ownership, dowry, and maintenance levels.
• Allegations of abuse or criminal conduct
  • Domestic violence, harassment, or misuse of electronic communications.
  • False allegations that could affect immigration status or employment.

How a UAE family lawyer adds value

• Identifies which law (UAE or foreign) can apply and how to prove it.
• Prepares and translates the right documents to avoid procedural mistakes.
• Negotiates settlements that reflect local practice and are more likely to be approved by the court.
• Coordinates with foreign lawyers if you need recognition or enforcement abroad.

What are the next steps if you have a family law issue in the UAE?

The most effective next steps are to gather your key documents, clarify your goals for children and finances, and obtain early legal advice in the emirate where you or your spouse live. From there, you can choose between negotiation, mediation, or court proceedings, depending on how cooperative your spouse is.

Immediate actions to take

1. Collect documents
   • Marriage certificate, children's birth certificates, passports and Emirates IDs.
   • Proof of residence and visas.
   • Income evidence: salary certificates, bank statements, rental contracts.
2. Write down your priorities
   • What you want regarding custody, visitation, and relocation.
   • What you need financially to support yourself and the children.
   • Any urgent safety concerns or travel plans.
3. Consult a UAE-based family lawyer
   • Preferably one who regularly handles cases in your emirate's courts.
   • Ask specifically about timelines, likely outcomes, and total cost exposure.
4. Consider negotiation or mediation
   • If safe and realistic, discuss settlement options through lawyers or at Family Guidance.
   • Putting agreements in writing and having them endorsed by the court can prevent future disputes.
5. Prepare for formal proceedings if needed
   • Ensure translations and attestations are in order.
   • Follow your lawyer's guidance on communications, social media, and travel to avoid harming your case.

Taking structured, informed steps early in a UAE family matter usually leads to faster, more stable solutions for both you and your children.