Divorce and Pregnancy in the UAE | Legal Rights & Rules

Can You Get Divorced While Pregnant in the UAE?

Pregnancy does not prevent divorce from taking place in the UAE, and the law applied to this case depends on the parties and the legal framework governing their marriage. Article (1) of Federal Decree-Law No. (41) of 2024 covers UAE citizens where either spouse is Muslim. It also covers non-UAE citizens, subject to exceptions allowing another law to apply.

The court may refer certain disputes to family guidance where reconciliation is possible, but claims to prove an existing divorce are excluded from referral under Article (8/1).

As for non-Muslims, where Federal Decree-Law No. (41) of 2022 applies, Articles (7) and (8) allow divorce at the request of either spouse without having to prove harm. Pregnancy does not prevent this request, although it may affect the financial and parental arrangements that follow. In Abu Dhabi, Article (6) of the Civil Marriage Law allows either spouse to express a wish to separate before the court.

They need not justify the request, allege harm, or blame the other spouse.

divorce and pregnancy in the uae: maintenance and housing

Iddah is a legal waiting period during which marriage to another man is prohibited for the divorced woman, according to Article 32(2) of Federal Decree-Law No. (41) of 2024. For the pregnant woman, her Iddah ends by delivery or miscarriage, according to Article 85. As for the non-pregnant woman, her Iddah is three periods of purity if she menstruates, or three lunar months if she has reached menopause or has never menstruated, according to Article 84.

Federal Decree-Law No. (41) of 2022 does not establish the same Iddah requirements for civil divorce.

The woman in Iddah is entitled to housing in the marital home or in suitable housing throughout her Iddah period, according to Article 101 of Federal Decree-Law No. (41) of 2024. As for medical care and childbirth costs, any claim should be supported by medical bills and financial evidence and assessed under the applicable maintenance rules.

What Happens to Parentage, Birth Registration and Custody After Delivery?

The child’s parentage to the father may be proven through birth during a marriage contract, admission, evidence, or scientific methods, under Article 87 of Federal Decree-Law No. (41) of 2024. Article 88 sets the minimum pregnancy period at 180 days and the maximum at 365 days, unless a medical committee decides otherwise. Parentage may be established for births during a standing marriage after the minimum period, or within the maximum period after marriage ends.

This does not apply if it is proven that the spouses could not have met.

In a dispute over proving parentage, the court may order DNA testing under Article 90, subject to the conditions stated in that Article. Where Li’an denial of parentage is legally available, Article 93 sets a 15-day deadline from the father’s knowledge of birth. The claim must precede his acknowledgment of paternity.

Articles 92 and 94 also regulate when these claims may be heard.

Birth registration is governed by Federal Decree-Law No. (10) of 2022 on the Registration of Births and Deaths. Under Articles 4, 6 and 7, the health facility reports the birth, while the birth notification proves the fact of birth but not parentage. A birth certificate application for a child born in the UAE must generally be submitted within 30 days with the required documents.

Custody arrangements take effect after the child is born, and they are not fixed permanently but remain subject to the child’s best interests. For Muslims, Article 114 of Federal Decree-Law No. (41) of 2024 prioritizes the mother, then the father. Article 113’s custodian conditions apply, and the court may depart from that order for the child’s best interests.

Under Article 118(1), if a child is under two years old and neither parent requests custody, the mother takes custody if available; otherwise, the father does. The mother may not claim custody wages during any Iddah period in which she is entitled to maintenance from the father, under Article 119(1).

In the non-Muslim framework governed by Federal Decree-Law No. (41) of 2022, joint custody is the general rule, based on Article 10 and Article 13 of Cabinet Decision No. 122 of 2023. However, either parent may ask the court for a different custody arrangement, or give up joint custody, and the court considers the child’s best interests. After birth, the court may be asked to determine maintenance, care and any disputed visitation or travel arrangements based on the evidence and the applicable law.

Questions about divorce during pregnancy

Does pregnancy delay divorce proceedings in the UAE?

Pregnancy does not automatically delay divorce proceedings. Federal Decree-Law No. (41) of 2024 does not prohibit divorce during pregnancy. Articles 7 and 8 of Federal Decree-Law No. (41) of 2022 allow civil divorce without proving harm where applicable.

The time taken for any case still depends on the court proceedings and the issues in dispute.

When does the waiting period end for a pregnant Muslim woman?

The Iddah of the pregnant divorced woman ends by her delivery or miscarriage according to Article 85 of Federal Decree-Law No. (41) of 2024.

Is a pregnant woman entitled to maintenance after an irrevocable divorce?

Yes. Under Article 101(2) of Federal Decree-Law No. (41) of 2024, a pregnant woman in her waiting period after an irrevocable divorce is entitled to maintenance until delivery. Article 101(4) separately states that Iddah maintenance is not due after Khul’.

How is child custody decided after birth for Muslims and non-Muslims?

For Muslims, Article 114 of Federal Decree-Law No. (41) of 2024 gives priority to the mother and then the father, while allowing the court to decide otherwise in the child’s best interests. For non-Muslims under Federal Decree-Law No. (41) of 2022, joint custody is the general rule under Article 10 and Article 13 of Cabinet Decision No. 122 of 2023, unless an exception applies.

Related reading

• Iddah after divorce in the UAE
• Spousal maintenance after divorce in the UAE
• Who gets custody of a child in divorce

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