How to Apply for Khula in Dubai | Step-by-Step Guide

Khula is the route by which a Muslim wife ends her marriage by her own request, without proving harm, in exchange for something she gives back. It is a no-fault route for her, and it has its own financial logic. The Personal Status Law sets out what khula is, what can be offered, what cannot, what happens if the husband refuses, and what must be done afterwards. Here is how to apply for a khula in Dubai, in order.

Legal Basis: Articles 65 to 68

Article 65 of Federal Decree-Law No. 41 of 2024 on Personal Status defines khula’ as a separation between spouses at the request of the wife and the husband’s acceptance of the consideration offered by the wife or someone else, taking place as a minor irrevocable divorce. Article 66 provides that anything that can be deemed property can be consideration; that if the consideration is the dowry, surrendering what was received from it suffices and the remainder is dropped even if it was deferred; that it is not permissible to agree that the consideration is the waiver of any of the children’s rights, their maintenance, or custody; and that if the husband stubbornly refuses to accept the consideration, the court orders khula’ in exchange for an appropriate consideration that it determines. Article 67 provides that khula’ is valid between fully competent spouses. Article 68 provides that the spouses shall document khula’ before the competent court within a maximum of 15 days, and that any interested party may apply to the court to prove it by any means.

Step 1: Decide Whether Khula Is the Right Route

• Khula: if you ask for separation, offer consideration, and do not need to prove harm.
• Divorce for harm: Article 71 allows either spouse to request divorce for damage that precludes living together, which requires proof and may involve arbitrators under Articles 72 to 74.
• Other grounds: the law also provides for divorce for non-payment of maintenance, desertion, absence, and addiction, among others, in Articles 77 to 80.

Khula suits a wife who wants to end the marriage without litigating about blame and who is prepared to give up the dowry or something equivalent.

Step 2: Work Out the Consideration

A common consideration is returning the dowry received. Article 66(2) says that surrendering what was received suffices and any remainder, including a deferred part, is dropped. The consideration can also be other property or a sum agreed. Take care of what is traded: Article 66(3) bars agreeing to waive the children’s rights, maintenance, or custody as consideration. If the husband and wife agree on terms, write them down clearly, including how and when the consideration is paid.

Step 3: Try Agreement or Family Guidance

If the husband agrees, the spouses can document the khula’ under Article 68. If not, Article 8 allows the supervising judge to refer the parties to the Family Guidance Department before the case goes to the court, where it deems it feasible, with exceptions for urgent and temporary matters and cases in which reconciliation is not foreseeable. A reconciliation reached there is recorded in a report approved by the judge and has the force of an execution writ.

Step 4: File With the Personal Status Court

• Prepare your identification, the marriage contract, and proof of what dowry was paid and what remains.
• State that you request khula and the consideration you offer.
• Set out your proposals for children, separately, without linking them to the consideration.
• File with the competent court. Article 3 gives jurisdiction where the plaintiff’s or respondent’s domicile, residence, place of work, or marital home is.
• Check with the Dubai Courts or your lawyer how to file at the time you apply, since channels change.

Step 5: If the Husband Refuses

Article 66(4) gives the court power to order khula’ in exchange for an appropriate consideration that it determines, where the husband stubbornly refuses to accept the consideration. The court therefore does not require his agreement where his refusal is stubborn, and it determines the consideration itself.

Step 6: Document Within 15 Days

Article 68 requires khula’ to be documented before the competent court within a maximum of 15 days. Any interested party can apply to prove it by any means. Documentation matters for establishing your status, and the waiting period rules in Articles 83 to 86 depend on when the divorce is proved or becomes final.

What Follows Khula

• Type of divorce. Khula takes place as a minor irrevocable divorce under Article 65, so the husband cannot take you back without a new contract and a new dowry.
• Waiting period. The waiting period applies, calculated under Articles 83 to 86.
• Maintenance. Article 101(4) provides there is no maintenance for a woman in her waiting period after khula’.
• Housing. The final paragraph of Article 101 entitles the woman in her waiting period to reside in the marital home for its duration, unless it is unsuitable, in which case she is in a suitable home.
• Children. Custody, visitation, and maintenance remain governed by the custody and maintenance chapters and are not affected by khula under Article 66(3).

Article 102 on compensation for a divorced woman is framed around a divorce by the husband’s sole will without her request or cause, or a divorce or revocation due to him, so it is not the route for compensation on khula.

Non-Muslim Couples

Under the Civil Personal Status Law, either spouse can request divorce without proving fault under Articles 7 and 8, and there is no khula. Confirm which framework applies.

How Faris Raian Can Assist

Faris Raian assists clients with UAE family law matters involving khula, divorce, financial consequences, child custody, and related personal status proceedings. In a khula matter, legal advice can help clarify whether khula is the appropriate route, what may lawfully be offered as consideration, how children’s rights must be kept separate, and what steps follow the court’s decision.

Frequently Asked Questions