Divorce Law UAE: Process, Rights and Legal Options

Which Divorce Law in the UAE applies

The principal frameworks have different coverage and procedures:

• Federal Decree-Law No. 41 of 2024 applies to UAE citizens where either party is Muslim. Article 1 also addresses other persons, including non-Muslims, subject to its conditions and exceptions.
• Federal Decree-Law No. 41 of 2022 covers non-Muslim UAE citizens and non-Muslim foreign residents, subject to permitted alternative law choices.
• Abu Dhabi Law No. 14 of 2021, as amended, establishes a local civil family system for eligible non-Muslim citizens and foreign nationals.

Under the 2024 law, available routes include divorce by the husband, khul’, and judicial separation on statutory grounds. The civil systems permit unilateral divorce without proof of harm.

Family guidance and court proceedings

Family guidance is not mandatory in every case. Under Article 8 of the 2024 law, the supervising judge may refer a dispute where reconciliation appears feasible, subject to exemptions.

Federal civil divorce claims go directly to court under Article 3 of the 2022 law. Article 7 of Abu Dhabi Law No. 14 of 2021 also excludes family-guidance referral for civil divorce.

For practical filing considerations, read about filing for divorce in the UAE.

How divorce occurs and is documented

Depending on the applicable system, routes include divorce, release, khul’, and judicial separation. Under the personal status system for Muslims, divorce may occur through the husband’s will or a court judgment.

Documentation under the 2024 law

Article 58 requires the husband to document divorce before the competent court within 15 days of its occurrence. The wife’s right to file a case proving the divorce remains unaffected.

Delay without an excuse accepted by the court entitles her to compensation equivalent to maintenance. This runs from the divorce date until documentation.

Civil divorce judgments

Under Articles 3 and 8 of the 2022 law, the court issues the civil divorce judgment at the first hearing after notification. Abu Dhabi’s procedure follows Article 7 of its local law and implementing regulations.

One spouse submits the designated form without proving harm or referring the claim to family guidance. Civil divorce takes effect through the court judgment.

For the resulting record, read about obtaining a divorce certificate in the UAE.

Maintenance under the 2024 Personal Status Law

Article 95 includes food, clothing, housing, treatment, education, and other basic needs according to custom. Article 96 considers the payer’s means, the recipient’s situation, and economic conditions in the relevant time and place.

Maintenance may be paid in cash. Providing property or a benefit in kind may also satisfy maintenance.

Under Article 100, the wife may request temporary maintenance for herself and her children during a maintenance case. The court’s decision is immediately enforceable by force of law.

Spousal maintenance and iddah

Under Article 99, maintenance is due under a valid marriage contract even if the wife is wealthy. She must make herself available for marital relations in fact or as deemed by law. The obligation ends only through payment or release.

Article 101 provides maintenance during iddah after revocable divorce. After irrevocable divorce, a pregnant woman receives maintenance until childbirth. A nonpregnant woman does not receive it after irrevocable divorce, and no iddah maintenance is due after khul’.

Housing during iddah follows the separate conditions in Article 101.

Article 103 removes entitlement for refusal of marital relations without a legitimate excuse. It also covers unjustified refusal to move into or remain in the marital home, or travel with the husband.

Mut’ah compensation

Article 102 applies where a valid marriage was consummated and the husband divorces without the wife’s request or cause. It also applies where separation is attributable to him.

The judge assesses his financial situation and wealth, considers the harm, and awards no more than one year’s maintenance.

Child maintenance and the custodian’s housing

Under Article 106, the father generally maintains a child without sufficient property. For a daughter, this continues until she marries or works. For a son, it continues until an age when his peers can earn.

Rules for students and children unable to earn remain applicable. Continuing maintenance generally runs from filing under Article 98. The father also bears housing costs as part of child maintenance, subject to applicable conditions.

Article 119 excludes custody fees while the custodian is the father’s wife or observes an iddah carrying maintenance entitlement from him.

The person responsible for child maintenance must pay the custodian’s residential rent unless she owns or has a residence designated for her use. The judge may assess a housing allowance covering the children in her custody.

Changes to maintenance and claims for earlier periods

Articles 97, 98, and 99 regulate adjustment and entitlement:

• Under Article 97, changed circumstances may justify an increase or reduction. An increase cannot apply retroactively for more than six months.
• A reduction applies from judgment unless the judgment specifies another date.
• An adjustment claim is generally not heard within one year after the judgment becomes final. Exceptional circumstances remain an exception.
• Under Article 98, continuing maintenance begins when the case is filed. It ranks as a privileged debt ahead of other debts.
• Past maintenance follows general debt rules. Under Article 99, a spousal claim for a period more than two years before filing is not heard.

Joint custody under the federal civil system

Article 10 of Federal Decree-Law No. 41 of 2022 establishes joint and equal custody after divorce, unless sole custody applies. It aims to preserve the child’s psychological health and reduce divorce’s effects.

The parents share responsibility for raising their children. Either may ask the court to decide suitability, remove an unsuitable or dangerous parent, or resolve a custody disagreement.

A parent may also waive custody in writing before the court. The court exercises discretion in the child’s interests.

Joint custody continues until age 18 under Article 13 of Cabinet Decision No. 122 of 2023. Article 18 lists grounds for removing a parent. Article 15 addresses waiver of a parent’s own joint custody rights.

The applicable framework is discussed further in the article on custody after divorce.

Financial claims following federal civil divorce

Article 9 permits the divorced woman to apply for maintenance after the divorce judgment. She may add other financial claims. The court decides entitlement and value under the applicable conditions.

Relevant factors include marriage length, with maintenance increasing as that length increases. The wife’s age also matters, with value decreasing as her age decreases and increasing as it increases. An accounting expert’s report addresses each spouse’s finances.

Article 6 of Cabinet Decision No. 122 of 2023 separately addresses financial and in-kind claims. The judge may consider each spouse’s contribution to the marriage’s failure through neglect or fault.

The judge also considers material or moral harm and financial damage from divorce by unilateral will. The extent of the wife’s childcare is relevant.

During joint custody, the father bears the mother’s custody costs and expenses for a temporary period of no more than two years. Assessment follows the accounting expert’s report.

The wife’s maintenance ends if she remarries or her custody ends for any reason. A new adjustment request may be made after each year or when circumstances change.

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