How to File for Divorce in the UAE

Divorce laws for Muslims and non-Muslims

The divorce law framework in the United Arab Emirates distinguishes between Muslims and non-Muslims, reflecting the diversity of its population. For Muslims, cases are generally handled under sharia-based personal status regulations. For non-Muslims, new civil laws, especially in Dubai and Abu Dhabi, provide alternative rules designed to align more closely with international practices.

This dual system ensures that both groups receive fair treatment, but it also means that expats must understand which laws apply to their situation before starting the divorce process. The choice of applicable law can significantly affect custody rights, alimony, and property division.

Key differences in legal grounds and court procedures

For Muslims (sharia-based rules):

• Cases are filed in the personal status court.
• Grounds for divorce include harm, lack of support, desertion, or mutual consent.
• Custody typically goes to the mother for younger children, but the father retains guardianship.
• Financial support is determined by the husband’s ability to provide.

For non-Muslims (civil family laws):

• Cases may be filed in newly established civil courts in Abu Dhabi and Dubai.
• Grounds for divorce often mirror international standards, such as the irretrievable breakdown of marriage.
• Custody is decided based on the best interests of the child.
• Asset division follows equality principles, with more focus on fairness rather than strict religious rules.

Comparison of divorce laws in the UAE

Custody, alimony, and financial settlements

One of the most sensitive aspects of divorce in the UAE is how children, finances, and property are handled. The court aims to balance the rights of both parents while prioritizing the welfare of the children. Financial issues, including alimony, spousal support, and asset division, are carefully reviewed to ensure fairness.

Who gets custody of the children?

Custody decisions are guided by the child’s best interests, but the approach differs between Muslims and non-Muslims.

Muslims (personal status rules):

• The mother usually receives custody of young children, especially during their formative years.
• The father retains legal guardianship, meaning he oversees education, finances, and major life decisions.
• As children grow older, custody may shift to the father, depending on age and circumstances.

Non-Muslims (civil court rules):

• Custody is assessed based on what benefits the child’s development and well-being.
• Both parents may be granted joint custody or shared visitation rights.
• The personal status court considers education, stability, and financial ability when deciding.

Alimony and asset division rules

Financial obligations after a divorce in the UAE are determined by the court based on each spouse’s responsibilities and financial situation.

Alimony (spousal support)

• For Muslims, husbands are typically required to cover the living costs of the ex-wife if she has custody of the children.
• For non-Muslims, alimony is determined more flexibly, with the judge assessing fairness and earning capacities.

Child support

• The father usually pays for housing, food, schooling, and medical care.
• Payments are reviewed in line with his income and the children’s needs.

Asset division

• The UAE does not follow a strict 50/50 rule.
• For Muslims, division is guided by Sharia principles and proof of ownership.
• For non-Muslims, civil courts may lean toward equitable distribution.

Travel restrictions and visa implications

A divorce in the UAE often has consequences beyond the court proceedings, especially regarding visas and travel rights. Since many expats live in the United Arab Emirates under a family sponsorship system, the dissolution of marriage can directly affect their residency and ability to stay in the country.

Travel restrictions during divorce cases

• In some cases, a spouse may request the court to impose a travel ban on the other partner until the case is resolved.
• Travel bans are more common in disputes involving children, where one parent fears the other might leave the UAE with them.
• These restrictions are temporary but can impact work commitments or international mobility during the divorce process.

Visa implications for expats

• If one spouse holds a work visa and sponsors the other, the sponsored spouse may lose their residency status after the divorce decree is issued.
• Dependent visas, including those of children, are usually tied to the sponsoring parent’s residency.
• A divorced spouse may need to switch to a work visa, investor visa, or another category to remain in the country.

Options to stay in the UAE after divorce

• Work visa: secure employment to transfer sponsorship.
• Investor visa: for those investing in businesses or property.
• Special permits: in some cases, divorced mothers with custody may receive special permits to remain in the UAE with their children.

Visa implications of divorce

Final thoughts

Understanding the framework of divorce in the UAE is essential for both locals and expats. The system balances traditional law with modern civil rules, ensuring that each case is handled fairly. Whether you proceed under Sharia-based personal status court rules or civil laws in Dubai, knowing the procedures, costs, and implications will help you navigate this challenging stage with clarity.