UAE Family Law Reforms and Dubai Divorce Law Updates: What High-Net-Worth Families Need to Know Now

UAE Family Law Reforms and Dubai Divorce Law Updates: What High-Net-Worth Families Need to Know Now

Estimated reading time: 15 minutes

Key Takeaways

• *Federal Decree-Law No. 41 of 2024* introduces a modernised Muslim personal status regime effective 15 April 2025.
• The *best interests of the child* test is now paramount, with custody ages equalised to 18 and a qualified voice for 15-year-olds.
• Non-Muslims are governed by the federal civil personal status regime established under Federal Decree-Law No. 41 of 2022 on the Issuance of the Civil Personal Status Law, with additional forum options available under the Abu Dhabi civil family regime.
• Maintenance and child support are classified as priority debts; asset protection measures have been strengthened.
• Party autonomy in choosing applicable law is recognised, subject to UAE public order and mandatory norms.
• The court may order temporary maintenance during proceedings with immediate enforceability, and it may issue orders regulating travel permission and passport handling for a child in custody in accordance with the statutory criteria.
• Prenuptial and marital agreements play an increasingly influential role but cannot waive non-derogable rights.

1. The New Federal Muslim Personal Status Regime under Personal Status Law UAE: Federal Decree-Law No. 41 of 2024

Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law replaces Federal Law No. 28 of 2005 and applies according to its statutory scope rules, including United Arab Emirates citizens where one or both parties are Muslim, and non-citizens unless a party insists on applying their own law or another agreed law permitted in the United Arab Emirates. The law introduces revised substantive rules and procedures that will affect case assessment and litigation strategy. The new law embeds the best interests of the child as the primary test for custody, extends and equalises custody ages to 18, and grants children aged 15 a qualified right to express a preference regarding residence with one parent, unless the child’s interest requires otherwise, bearing in mind also that custody ends at  the age 18 years. These United Arab Emirates family law reforms reflect a policy direction that places greater emphasis on the welfare of the child and structured statutory criteria.

The law includes specific judicial divorce pathways, including divorce related to addiction to drugs, psychotropic substances, or alcohol, and divorce related to absence, loss, or imprisonment, subject to the statutory conditions. The law provides interim measures during proceedings, including temporary maintenance that is enforceable immediately by force of law, and court orders regulating travel permission and passport handling for a child in custody where statutory requirements are met. Continuous maintenance for the wife and children from the date of filing is classified as a privileged debt with priority over other debts. Any increase in maintenance does not have retrospective effect for more than 6 months, while claims for past wife maintenance are subject to a statutory limitation of up to 2 years, and child maintenance is assessed according to the child’s welfare and the evidence presented. The statute regulates certain joint living arrangements in the marital home and imposes consent-based requirements in specific contexts, such as travel with a child in custody; property-preservation measures must be grounded in the applicable civil procedure framework and the facts of the case.

2. Dubai Divorce Law 2025 under UAE Family Law Reforms: Muslims, Non-Muslims and Choice of Law

Dubai’s jurisdictional architecture comprises Sharia-based Personal Status Circuits in the Dubai Courts, the federal civil personal status regime for non-Muslims established under Federal Decree-Law No. 41 of 2022 on the Issuance of the Civil Personal Status Law, the Abu Dhabi Civil Family Court operating under Abu Dhabi Law No. 14 of 2021 concerning Civil Marriage and Divorce and its implementing regulations, and the Dubai International Financial Centre Courts for civil and commercial disputes where jurisdictional requirements are satisfied. Muslim cases will be governed by Decree-Law No. 41 of 2024 from 15 April 2025. Non-Muslims may elect to proceed under the federal civil personal status regime established by Federal Decree-Law No. 41 of 2022, or before the Abu Dhabi Civil Family Court under Abu Dhabi Law No. 14 of 2021 and its implementing regulations, subject to jurisdictional requirements and the rules governing recognition and enforcement of judgments. A key innovation is enhanced party autonomy in selecting applicable law for divorce, property division and maintenance, subject to UAE public order. Before referring a case to the competent court, the supervising judge may decide to refer the parties to the Family Guidance Department or Section to attempt amicable resolution where feasible.

Practitioners must navigate mixed-faith scenarios, choice-of-law clauses and the interface with Federal Decree-Law No. 35 of 2022 on the Law of Evidence in Civil and Commercial Transactions to structure evidence strategies in high-value cases.

3. UAE Child Custody Amendments: Custody, Parental Responsibility and Relocation under the New Paradigm

Under Decree-Law No. 41 of 2024, the custody age for both boys and girls is extended to 18, and children aged 15 gain a right to express a preference. The rigid gender-based presumptions of the 2005 law have been replaced by a holistic best-interests-of-the-child test. Travel by the custodial parent with a child in custody outside the State requires the written approval of the other parent or the guardian over the person, unless the court authorises travel in accordance with the statutory criteria. Relocation disputes are now assessed individually, balancing international mobility needs with contact rights. Mixed-faith custody can be extended beyond previous limits if it serves the child’s welfare. This issue should be assessed on the specific facts, the evidence, and the applicable statutory criteria. For detailed insights, see this guide.

4. Family Dispute Resolution UAE: Procedures, Strategy and Urgent Measures in Dubai Courts

Family disputes may be referred to the Family Guidance Department or Section where the supervising judge considers amicable resolution feasible. In fact the supervising judge may refer the parties at his discretion to family guidance. Under the new personal status law, conciliators must ensure settlements comply with upcoming mandatory norms. Interim relief may be available, including temporary alimony subject to immediate enforcement and court-regulated travel permissions for the child in custody, depending on the application and the evidence. Appeals and cassation will shape jurisprudence on shared responsibility, extended custody ages and choice-of-law limits. Mediation and arbitration remain available for financial aspects, provided non-derogable rights are protected.

5. Maintenance, Spousal Support, Property and Inheritance Law UAE: Protecting Family Wealth under the Reformed Framework

Spousal maintenance (nafaqa) and child support are priority debts with backdated claims up to six months. A father’s obligation to maintain children is assessed under the statutory criteria, including maintenance of a girl until marriage or work, and maintenance of a boy until the age at which his peers can earn a living, subject to the court’s assessment where study continues in the usual manner. Courts assess maintenance against historical standards of living, covering school fees, healthcare and housing. Any preservation of assets, restrictions on dealings, or injunctive relief must be sought and justified under the applicable civil procedure framework and the evidence of risk, rather than being stated as an automatic rule of the Personal Status Law. Muslim inheritance remains governed by Sharia forced heirship, with definitions clarified by the new decree. Non-Muslims can register wills opting out of Sharia in favour of chosen law under the civil regime.

6. Prenuptial Agreement Enforcement in UAE, Marital Agreements and Strategic Planning: The Role of Specialist Counsel

Marriage contracts (aqd) for Muslims can include conditions on mahr, housing and financial arrangements, provided they align with Sharia and mandatory law. Side letters and prenuptial agreements are persuasive evidence but cannot waive child maintenance or spousal subsistence rights. Non-Muslims benefit from broader recognition of written marital agreements under the federal civil personal status regime established by Federal Decree-Law No. 41 of 2022, as well as under the Abu Dhabi civil family framework created by Abu Dhabi Law No. 14 of 2021 and its implementing regulations, subject to public order and mandatory statutory protections. Layered approaches often combine foreign prenups, local marital property agreements and registered wills. Enforceability of foreign judgments hinges on compatibility with non-derogable UAE norms. Specialist counsel with free-zone and federal expertise is indispensable. Specialist advice should be obtained based on the client’s religion, nationality, domicile, asset structure, and forum and enforcement strategy, see family-law-lawyers-near-me-uae-guide.

FAQs

• What is Federal Decree-Law No. 41 of 2024? It is the new Muslim personal status law effective 15 April 2025 that modernises marriage, divorce, custody, maintenance and inheritance for Muslims in the UAE.
• Can spouses choose foreign law for divorce? Yes, party autonomy allows choice of nationality or domicile law, subject to UAE public order and mandatory protections.
• Are prenuptial agreements enforceable in Dubai? They are persuasive evidence under both Muslim and non-Muslim regimes but cannot waive non-derogable rights like child support or spousal maintenance.