Divorce for expatriate residents in the United Arab Emirates can feel complex and intimidating. Many foreign residents arrive with assumptions based on their home country systems, only to discover that the United Arab Emirates applies a combination of federal personal status laws and special regimes for non Muslim residents, with important differences between emirates such as Abu Dhabi and Dubai. Recent reforms have significantly modernised family law for both Muslim and non Muslim residents, introducing civil marriage, no fault divorce, clearer rules on custody, alimony and division of shared assets, and expanded options for choosing which law applies to a particular case. According to official announcements by the United Arab Emirates Ministry of Justice and the Abu Dhabi Judicial Department, these reforms are designed to give expatriates predictable, accessible and internationally familiar procedures while maintaining the public order of the country.
This article provides expats in the United Arab Emirates with a structured, practical overview of how divorce now works, with a focus on divorce for expats, custody, alimony and shared assets. It reflects the latest federal and emirate-level developments in force as of 2025, including Federal Decree-Law No. 41 of 2022 on Civil Personal Status for non-Muslims, Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects (as amended) and Regulation No. 8 of 2022, and Federal Decree-Law No. 41 of 2024 issuing the Personal Status Law, which replaced Federal Law No. 28 of 2005 and came into force on 15 April 2025 (being 6 months after publication in the Official Gazette).
Legal Framework For Divorce For Expats In UAE
From a legal perspective, expat family law in the United Arab Emirates now operates under three main pillars, depending on the religion of the spouses, their place of residence and sometimes their choice of law:
- Personal status matters are generally governed by Federal Decree-Law No. 41 of 2024 issuing the Personal Status Law, which came into force on 15 April 2025 (6 months after publication in the Official Gazette) and replaced Federal Law No. 28 of 2005, subject to the scope and choice-of-law rules stated in the Decree-Law. This federal law modernised rules on custody, maintenance and procedure while remaining grounded in Islamic principles. It provides that the child in custody may choose to reside with one parent upon reaching the age of 15 unless the best interests of the child require otherwise, and that custody ends when the child reaches the age of 18 Gregorian years, subject to statutory exceptions.
- Non Muslim residents in most emirates are governed by Federal Decree Law No 41 of 2022 on Civil Personal Status, in force since 1 February 2023. This law introduced a secular civil regime for non Muslims covering civil marriage, no fault divorce, custody, alimony and inheritance. It applies to non Muslim United Arab Emirates nationals and non Muslim foreigners resident in the state, unless they request the application of the law of their home country or another family law in force in the United Arab Emirates.
- Non Muslim residents in Abu Dhabi benefit from an even more detailed regime under Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects and the Abu Dhabi Civil Family Court system, which pioneered civil marriage, joint custody and equal inheritance rights and now operates alongside the federal civil personal status law. The Abu Dhabi regime continues to apply specifically to non Muslims who marry or litigate under that system in the Emirate of Abu Dhabi.
In practice, most expat couples are non Muslim and therefore may choose between the United Arab Emirates civil personal status laws and, in some cases, the law of their home country. According to official guidance and consistent with Article 1 and Article 2 of Federal Decree Law No 41 of 2022, non Muslim expatriates resident in the United Arab Emirates may opt to apply their national law to matters of marriage and divorce, or agree to apply another family law in force in the United Arab Emirates, provided this does not contradict United Arab Emirates public order.
However, this choice of law must be raised clearly before the court and properly evidenced, usually through legalised and translated copies of the relevant foreign legislation or expert reports. In many cases, expats now find it strategically advantageous to rely on the United Arab Emirates civil personal status regime, which offers predictable, streamlined processes, particularly in Abu Dhabi and Dubai.
No Fault Divorce For Expats In UAE
One of the most significant changes affecting divorce for expats is the introduction of a genuine no fault divorce model for non Muslims, aligned with systems familiar from many Western jurisdictions.
Under Federal Decree Law No 41 of 2022 and Abu Dhabi Law No 14 of 2021, either spouse may request divorce without having to prove fault, harm or specific grounds. The court may grant the divorce at the first hearing and there is no requirement to attend mandatory family guidance or mediation sessions, which were previously obligatory under the older personal status regime.
Key features of the non Muslim no fault divorce framework include:
- Unilateral right to divorce Either spouse may file for divorce without the consent of the other and without explaining the reasons, provided formal notification and procedural requirements are respected.
- No mandatory mediation Divorce cases are filed directly before the competent civil family court, without first passing through family guidance committees. This significantly reduces delays and limits opportunities for procedural obstacles.
- Swift proceedings In straightforward cases, especially in the Abu Dhabi Civil Family Court and in the non Muslim circuits of the Dubai family courts, a divorce order may be issued in a short timeframe if documentation is complete and jurisdiction is clear.
- Separate treatment of financial and child related issues The divorce itself is usually decided first. Claims regarding alimony, custody and shared assets are then addressed through post divorce applications using standardised forms before the same court.
For Muslim expats, Federal Decree Law No 41 of 2024 retains Islamic concepts such as talaq (unilateral repudiation by the husband) and khul (divorce initiated by the wife with financial consideration) but introduces clearer procedures, broader judicial discretion to apply general principles of Islamic sharia, and reforms that enhance the position of mothers and children, particularly in custody and maintenance matters.
Custody And Parenting For Expat Families In UAE
Custody is often the most sensitive element of divorce for expats in the United Arab Emirates. Recent reforms have moved the system towards shared parenting and the protection of the child’s best interests, in line with international practice, while also clarifying rules for mixed religion families.
For non Muslim expats under Federal Decree Law No 41 of 2022 and, in Abu Dhabi, Abu Dhabi Law No 14 of 2021, the default model is broadly one of joint or shared custody, particularly in the Abu Dhabi Civil Family Court. Key aspects include:
- Joint custody as a starting point Non Muslim mothers and fathers are generally presumed to share custody and parental responsibilities, unless the court decides otherwise for reasons related to the child’s welfare. Under the federal civil regime, joint custody typically continues until the age of 18, while under the Abu Dhabi law joint custody generally extends until age 16, subject to the child’s best interests and specific court orders.
- Age thresholds and the child’s expressed wishes The civil systems allow the court to take into account the wishes of the child when he or she reaches a more mature age, always subject to judicial assessment of the child’s welfare. Under the Personal Status Law issued by Federal Decree-Law No. 41 of 2024, the child in custody may choose to reside with one parent upon reaching the age of 15 unless the best interests of the child require otherwise. Under the Abu Dhabi regime, the child’s desire is expressly listed as a factor from the age of 12 calendar years in applications to remove a parent from joint custody.
- Priority of the child’s best interests Regardless of parental preferences, both federal and Abu Dhabi civil laws require the court to consider the physical, emotional, educational and social welfare of the child as the primary criterion. The best interests standard has been reinforced across the family law reforms implemented between 2022 and 2025.
For Muslim expats and mixed families, the updated federal personal status law introduced in 2025 has significantly expanded the rights of mothers and clarified continuity for children. Under Federal Decree Law No 41 of 2024, custody for both boys and girls may extend to the age of 18 for mothers and fathers, far beyond the earlier maximum ages under the previous regime. Children who reach the age of 15 are granted the right to choose which parent they wish to live with, subject to the court’s confirmation that this choice serves their best interests.
The new federal law also specifically addresses non Muslim mothers married or previously married to Muslim men. It confirms that non Muslim mothers may retain custody of their children beyond the age of 5 where this serves the child’s best interests, reversing the earlier rule under which custody usually transferred away from a non Muslim mother at that age solely because of religion. This change builds on earlier guidance in the civil regime and is now expressly reflected in the unified federal personal status framework for Muslims.
Other important custody considerations for expats include:
- Educational guardianship The new federal regime confirms that, in many cases, decision making power regarding schooling and educational matters remains with the mother unless the court determines otherwise. Educational guardianship disputes can be brought before the Urgent Matters Court, which is intended to resolve such issues rapidly where they affect the immediate welfare of the child.
- Relocation and travel International relocation with children is a highly sensitive issue. Even in joint custody models, moving a child outside the United Arab Emirates without the other parent’s consent or a court order can constitute a criminal offence. Child travel outside the UAE during joint custody is regulated by consent and court supervision. In Abu Dhabi, neither parent may travel with the child outside the country unilaterally unless the written consent of the other parent is obtained and authorised by the court, or permission is granted by the judge in case of objection. Under the Personal Status Law issued by Federal Decree-Law No. 41 of 2024, the custodian may not use the child’s identification documents for travel without the permit of the guardian or the court. Courts continue to weigh the impact on the child’s stability, schooling, and relationship with both parents when considering relocation applications.
- Enforcement of custody orders abroad While the United Arab Emirates is not yet party to certain multilateral conventions on international child abduction, its courts carefully consider foreign orders and may coordinate with foreign authorities through diplomatic channels in serious cases. Recognition and enforcement of foreign custody orders remain subject to public order and reciprocity considerations.
For expat parents, early legal advice on custody strategies, practical parenting plans, and realistic relocation prospects is essential before initiating divorce proceedings in the United Arab Emirates or abroad.
Alimony And Financial Support For Expat Spouses
Alimony and financial support after divorce for expats in the United Arab Emirates are governed by detailed provisions in the civil personal status laws for non Muslims and the updated personal status law for Muslims. These rules aim to balance the financial positions of the parties and protect the economically weaker spouse, most commonly the wife, while ensuring that children’s needs are fully met.
Under Federal Decree Law No 41 of 2022 on Civil Personal Status, a divorced woman may apply for alimony using a prescribed court form after a divorce judgment is issued. The husband’s obligation to pay and the amount and duration of alimony are determined at the discretion of the judge, based on the factors stated in Article 9 of Federal Decree-Law No. 41 of 2022, including:
1) the number of years of marriage;
2) the age of the wife;
3) the financial situation of each spouse based on an accounting expert report appointed by the court;
4) the extent of the husband’s contribution to the divorce through negligence or error or by committing an act leading to divorce;
5) compensation for physical or moral harm caused by the divorce;
6) financial damage arising from the unilateral divorce application;
7) the father’s liability for the expenses of the mother’s custody of the children during joint custody for a temporary period not exceeding 2 years (subject to the accounting expert report);
8) whether the wife is interested in caring for the children; and
9) forfeiture upon the wife’s remarriage and the ability to seek modification annually or upon change of circumstances.
The court may order alimony as a lump sum, periodic payments, or a combination, for a specified period depending on the circumstances. In Abu Dhabi, Law No 14 of 2021 provides additional guidelines for calculating financial rights, such as referencing a percentage of the husband’s last salary multiplied by the years of marriage and, in some cases, a share of the value of his assets, including jointly owned property and business interests, particularly in long term marriages.
For Muslim expats under Federal Decree Law No 41 of 2024, concepts such as post divorce maintenance (nafaqa), child maintenance, and accommodation for the custodian mother continue to apply, but with updated limitation periods, clearer evidential rules, and extended timeframes for claims in certain situations. The law strengthens enforcement of maintenance and prioritises the payment of alimony and child support over many other types of debt, reflecting a policy choice to protect the financial stability of families and children. The new law also recognises broader forms of family support, including non cash benefits and in kind assistance, where appropriate.
Important practical points for expats considering alimony claims include:
- Evidence of standard of living Courts look carefully at the parties’ lifestyle during the marriage, including housing, schooling, travel and general expenses. Documentation such as bank statements, rental contracts, school invoices, salary certificates and tax records is crucial. Inadequate documentary evidence can lead to substantially lower awards.
- Interaction with foreign proceedings If divorce for expats is pursued abroad while the family remains based in the United Arab Emirates, there may be parallel or sequential claims for maintenance in different jurisdictions. United Arab Emirates courts will examine foreign judgments when considering whether to recognise or enforce them, but may still exercise jurisdiction where the family has a close connection to the United Arab Emirates or where local public order requires a different outcome.
- Modification of alimony Either spouse may later seek to increase, reduce or terminate alimony if circumstances change significantly, for example through job loss, substantial salary increase, serious illness, remarriage or relocation. The applicant must demonstrate a material change of circumstances supported by evidence.
As the law gives judges broad discretion and each case turns on its own facts, tailored legal advice and careful preparation of financial evidence are essential to secure a fair outcome.
Division Of Shared Assets And Property For Expats
Unlike some community property systems, United Arab Emirates law does not automatically divide all marital property equally on divorce. Instead, the treatment of shared assets for expats depends on ownership structures, contractual arrangements and, to some extent, the applicable law chosen by the parties.
Under the civil personal status framework for non Muslims, the court may consider the parties’ contributions and agreements when determining financial rights on divorce. In Abu Dhabi, Law No 14 of 2021 expressly allows the court to take into account a percentage of the market value of the husband’s assets, including real estate, shares, company interests and jointly owned property, when calculating the wife’s financial entitlements on divorce, particularly where the marriage is of long duration and the wife has made significant non financial contributions such as child care and home making.
However, several principles remain consistent across the United Arab Emirates:
- Title is important but not decisive Property registered in one spouse’s name is not automatically treated as marital property. The non owning spouse must show financial or non financial contribution, or an agreement that the asset was meant to be shared, in order to claim a share or compensatory payment. Documentary evidence and witness testimony are commonly required.
- Contractual freedom Pre marital or post marital agreements, especially those executed in Abu Dhabi’s civil system, before United Arab Emirates notaries, or in foreign jurisdictions, can play a crucial role in determining division of assets, provided they comply with United Arab Emirates public order and formalities. Courts examine these agreements carefully to ensure that consent was free and informed and that essential protections, particularly for children, are not waived.
- Separate treatment of onshore and offshore assets Assets located outside the United Arab Emirates, including foreign real estate, bank accounts, investment portfolios and pensions, may fall under the jurisdiction and law of the foreign country, even if the divorce is handled in the United Arab Emirates. Coordination of strategy across jurisdictions is therefore critical, especially where there are significant holdings in different countries.
- Business interests For expats owning companies, partnership interests or free zone entities, careful valuation and disclosure of corporate interests are often required. Courts may look at salary, dividends, drawings, director’s fees and retained earnings when assessing financial capacity and entitlement, and in some cases may consider whether corporate structures have been used to conceal personal wealth.
Because the division of shared assets can involve complex questions of cross border enforcement, corporate structuring and choice of law, expats should seek specialised family law advice before transferring or restructuring property during a marital dispute. Unilateral asset movements can be scrutinised and, in some cases, reversed or taken into account by the court as conduct affecting financial awards.
Jurisdiction Choice Of Law And Forum For Expat Divorces
Internationally mobile expats often have a genuine choice of forum and law when contemplating divorce. The decision where and under which law to file can have a profound impact on custody outcomes, alimony, and the treatment of shared assets.
Under Federal Decree Law No 41 of 2022, non Muslim expatriates resident in the United Arab Emirates may request that their home country law be applied to matters of marriage and divorce, subject to proof of the content of that law and to United Arab Emirates public order. The same decree law allows the spouses to agree that another family law in force in the United Arab Emirates shall apply instead of the civil personal status law, again subject to public order. At the same time, the United Arab Emirates civil family regimes, particularly in Abu Dhabi, have become increasingly attractive in their own right due to:
- Simplified procedures and electronic filing
- No fault divorce and joint custody models
- Equal treatment of men and women in testimony, divorce rights and inheritance under the civil regime
- Availability of bilingual civil marriage and divorce documentation suitable for recognition abroad
Jurisdiction of the United Arab Emirates courts is typically based on residence, domicile, place of marriage or nationality, depending on the particular law and circumstances. For example:
- Where both spouses are non Muslim expatriates resident in Abu Dhabi and have married or elected to litigate in the Abu Dhabi Civil Family Court, that court will generally have jurisdiction and will apply its civil marriage and family laws by default, unless the parties validly invoke another applicable law under the statutory choice of law mechanisms.
- Where spouses are non Muslim expatriates resident in other emirates such as Dubai, the federal civil personal status law will apply, with divorce and related claims handled in the local civil family courts, subject to any valid request for the application of foreign law.
- Where one or both parties are Muslim, the updated federal personal status law for Muslims under Federal Decree Law No 41 of 2024 will usually govern, although some non Muslim spouses in mixed marriages may be able to invoke civil law provisions for certain matters such as custody, in particular where Abu Dhabi Law No 14 of 2021 or Federal Decree Law No 41 of 2022 is engaged.
At the same time, many expats have links to foreign jurisdictions, for example through nationality, habitual residence or property overseas. In some cases, it may be open to one spouse to begin proceedings in a foreign court first, which can then influence or limit proceedings in the United Arab Emirates, depending on the rules on lis pendens, res judicata, recognition and enforcement applied by the United Arab Emirates courts. As the interaction between courts can be complex, early advice on forum strategy is critical before any party files in any country.
Practical Steps For Expats Preparing For Divorce In UAE
For expats considering divorce in the United Arab Emirates, preparation and informed decision making are essential. The following practical steps reflect best practice under the current legal framework:
- Clarify your status and applicable regime Confirm whether you and your spouse are treated as Muslim or non Muslim for legal purposes and identify whether you fall under the federal civil personal status law, the Abu Dhabi civil regime, or the updated federal personal status law for Muslims. This determination will shape the rules on divorce, custody, alimony and inheritance that apply to your case.
- Gather documents Collect your marriage certificate, proof of residence, passports, Emirates Identity Cards, children’s birth certificates, property title deeds, company documents, bank statements, salary certificates, school invoices, tax returns and insurance policies. Complete and properly translated documentation will significantly accelerate proceedings and strengthen your position on financial and child related issues.
- Assess custody realities Consider the children’s ages, schooling, language, and social network in the United Arab Emirates. Prepare realistic proposals for joint or primary custody that prioritise stability and continuity for the children and that reflect the current statutory emphasis on shared parenting and the child’s best interests.
- Map your assets List all onshore and offshore assets and liabilities, including real estate, company interests, bank accounts, investment portfolios, pensions and debts. Understanding the global financial picture is vital for negotiations or litigation over alimony and shared assets and for anticipating foreign enforcement issues.
- Consider timing and forum Analyse whether it is more advantageous to file in the United Arab Emirates or abroad, and whether to proceed under United Arab Emirates civil personal status law, the updated Muslim personal status law, or your home country law where that option exists. Consider factors such as likely custody outcomes, spousal maintenance approaches, asset division mechanisms, enforceability and procedural timelines.
- Avoid unilateral moves Transferring assets, changing children’s schools or relocating them without agreement or a court order may seriously damage your position and can lead to adverse inferences or even criminal allegations, particularly where travel restrictions or custody orders are in place. Courts in the United Arab Emirates increasingly scrutinise conduct that undermines the stability of children or attempts to defeat legitimate financial claims.
- Engage a specialised law firm Given the technical nature of the new federal laws and the specific practices of civil and sharia based family courts, expats should retain a law firm experienced in international family law, United Arab Emirates personal status legislation and cross border enforcement. Specialist advice is particularly important where there are complex corporate structures, high value assets or potential conflicts between foreign and United Arab Emirates jurisdictions.
Proactive planning often allows expat couples to reach negotiated settlements, formalised by consent orders in the United Arab Emirates courts, thereby limiting uncertainty and legal costs while preserving a functional co parenting relationship where children are involved.
Choosing The Right Legal Support And Moving Forward
The transformation of family law in the United Arab Emirates, especially for non Muslim residents, has created a more predictable, balanced and accessible framework for divorce for expats. No fault divorce, expanded custody rights for mothers and fathers, structured alimony criteria and clearer rules on shared assets now provide a more secure legal environment for expatriate families who may be facing marital breakdown.
Nevertheless, these reforms also make the legal landscape more technical. Determining which law applies, how federal reforms interact with Abu Dhabi’s civil regime, how to coordinate United Arab Emirates proceedings with foreign courts, and how best to protect children and assets all require nuanced legal analysis. Official communications from the United Arab Emirates Ministry of Justice, the Abu Dhabi Judicial Department and the Dubai Courts confirm that the authorities are committed to supporting residents through these changes, but they also emphasise that parties should use qualified legal representation to navigate the system correctly.
For expats living in the United Arab Emirates, the most constructive approach is to treat divorce as a structured legal and financial project as well as a personal transition. Early consultation with a law firm experienced in United Arab Emirates family law, careful documentation of financial and parenting arrangements, and a willingness to engage in principled negotiation under the framework of the new laws can significantly improve outcomes on custody, alimony and the division of shared assets.
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Article by ProConsult Advocates & Legal Consultants, the Leading Dubai Law Firm providing full legal services & legal representation in UAE courts.
