Understanding Divorce Law for Expats in the UAE

Divorce is one of the most sensitive and personal times in any person’s life. Divorce in the UAE for expats is even more complex, due to legal uncertainty, a new legal system, and a lack of family support in a foreign country.

This guide will help you understand everything about UAE divorce law, including how to apply for expat divorce in the UAE, and the laws of divorce for muslim expats in the UAE.

Can Expats File For Divorce in the UAE?

Yes, expats can file for divorce in the UAE. Even though they are not citizens, specific UAE personal laws would apply to them.

The process of expat divorce would also depend on whether an expat is a Muslim or a non-Muslim.

Expert Guidance: Kayrouz & Associates Family Law Team provides discreet advice and assistance to expats in sensitive matters of divorce, custody, alimony, and child support, handling each case with precision and care.

What is the UAE Divorce Law?

For expat residents in the UAE, typically, Islamic marriages will be governed by Sharia Law, if both the husband and the wife are Muslims or even if the husband is a Muslim.

Previously, the Federal Law No. 28 of 2005 for Personal Affairs was followed in the UAE, but it was replaced in 2024.

Here are the Divorce laws in the UAE for expats:

Federal Decree-Law No. (41) of 2022

Unless a non-Muslim expat couple wants to adhere to the laws of their home country, this is the law that will be applicable for marriage, divorce, and proof of parentage.

The primary rights and procedures under this law include:

●  Right to Request Divorce: Both the husband and the wife have the right to initiate divorce proceedings.

●  Joint Custody: Husband and wife have an equal right to custody of a minor child.

●  No-fault divorce: Divorce may be taken without proving any harm or assigning any blame to the other spouse.

●  Child Support: The father will be required to cover the expenses and costs associated with the mother's custody of the children during joint custody, for a temporary period that may extend up to two years.

●  Alimony: After a divorce is granted, a woman can claim alimony from her ex-husband. The UAE courts will consider the duration of the marriage, the age of the wife, whether the man made any contribution to the divorce, and the financial situation of the parties.

Important Note: Abu Dhabi Law No. 14 of 2021 will apply to non-Muslim expatriate divorces in the Emirate of Abu Dhabi.

Crucial Note: The value of alimony increases with the age of the wife; however, the alimony will be revoked if the wife gets married to another man. The custody amount may also be changed if the wife loses the custody.

Federal Decree Law No. 41 of 2024

Coming into effect from April 2025, this decree is the new Personal Status Law for Muslims in the UAE.

The law has introduced certain modifications to the grounds for divorce, as well as provisions for maintenance, in line with the modern needs of the UAE. This will be the law of divorce for Muslim expats in the UAE.

Here’s a list of key changes:

1. Ground of Divorce: Under Article 80, intoxicants have been added as a ground of divorce. This means if either spouse is addicted to alcohol, drugs, or other psychotropic substances, the other may seek divorce.

Additionally, under Article 79, a wife can divorce her husband if he is imprisoned for three years or more and has already served at least one year of his prison sentence.

2. Alimony: Previously, a wife was typically given alimony as either a lump sum payment or through periodic instalments. Now, under Article 96, alimony may also be provided in cash, in kind, or in the form of benefits.

Moreover, under Article 103, a wife would lose her right to alimony if she refuses to travel with her husband without a valid reason.

3. Maintenance of Daughter: In accordance with Article 106, the obligation of a father to maintain his daughter would end if she gets married or starts working. Earlier, only provisions for marriage were provided. Furthermore, a father is no longer obligated to support his daughter after her divorce if she is financially independent and working.
4. Pre-trial Reconciliation: Guidance centres have been established to facilitate the resolution of differences and reduce the rate of divorce in the UAE.

Get Legal Assistance: Kayrouz & Associates provides free legal consultation in all family law matters. We bring years of expertise and offer confidentiality, with cultural understanding.

What are the Documents Required for an Expat Divorce in the UAE?

The list of documents would depend on the religion of the parties, the type of divorce (contested or mutual), and the applicable laws in each jurisdiction.

However, in a typical situation, it is advised to have the following documents:

●  Copy of passport, and UAE resident cards, including the Emirati ID

●  Copy of the marriage certificate (although the original is preferred), along with an Arabic translation of the certificate

●  Financial documents, to showcase income and standard of living

●  Birth certificate of children (if any)

●  Documents to prove the grounds of divorce

Get Legal Help: Kayrouz & Associates’ Family Law Team has expert lawyers who help in gathering the relevant documents and filing the right applications with due care and diligence.

How to Apply for Expat Divorce in the UAE?

Divorce in Dubai for expats involves a structured process, with different filings and requirements.

Here’s a step-by-step procedure for filing divorce in Dubai for an expat

Register at the Family Guidance Center (typically only for Muslim-expats)

Either spouse can register a case in the Family Guidance Centre of their Emirate’s judicial department. The court will appoint a conciliator to assist the couple in resolving their differences.

This is a mandatory step for divorce in the UAE. If there is a mutual divorce, a settlement agreement may be drafted related to alimony and child custody.

Letter for Contested Divorce

If the reconciliation process is unsuccessful, a letter may be obtained from the counselor for a contested divorce, and a divorce petition can be filed in the court of first instance.

Divorce Proceedings

The proceedings will likely be conducted in Arabic, so it’s advisable to have a bilingual attorney or interpreter present. Based on the documents and the testimony of the parties, the judge will render a ruling on the divorce.

Post Divorce

After the divorce judgment, a woman can apply for alimony. Several factors can affect the final amount.

Critical Note: If either party fails to comply with the court's direction, the other may file a case in the enforcement court for further legal action.

How Can Kayrouz & Associates Help You?

Kayrouz & Associates is a full-service law firm and is one of the leading law firms in the UAE.

With a robust Family Law practice, our team includes expert lawyers with years of experience in UAE laws, handling all family law matters with precision, due diligence, and sensitivity, adopting a discreet and focused approach.

Here’s where we can help you

●  Filing for divorce under UAE or applicable foreign law

●  Drafting separation agreements and parenting plans

●  Negotiating spousal support and asset division

●  Representation in contested divorce proceedings

●  Cross-border divorce recognition and enforcement

●  Mediation and alternative dispute resolution for family breakdowns

●  Marriage and family agreements

●  Paternity and parental responsibility

Book a free consultation to begin the process and learn about your rights and options, or visit Kayrouz & Associates’ offices in Dubai, Abu Dhabi, or Beirut.

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