Picture for illustrative purposes only. ARCHIVE

Muslim and non-Muslim expatriates can get divorced in the UAE, with local laws updated to offer clarity on issues such as custody, alimony, and property division. Updates to the Federal Personal Status Law was first announced last December 2022 to further modernize the UAE legal system, and took effect beginning February 1, 2023. Legal experts have welcomed the new regulations, noting that they provide much-needed clarity for expats navigating the complexities of divorce in the UAE. The laws also offer protections against potential abuses, such as the unfair denial of alimony or the wrongful division of property. By codifying these provisions, the UAE aims to create a more transparent and equitable legal environment for all residents.

UAE divorce laws for Muslim couples

According to the UAE Government, if both husband and wife are Muslims and residents in the UAE, then Sharia law will be applied to their divorce. The same is likely if the husband is a Muslim and the woman a non-Muslim.

UAE divorce laws for non-Muslim couples

Non-Muslim expats can file for divorce in the UAE. If the parties wish to have the law of their home country applied, they may petition for this before the court. Under the amended law, divorce laws “shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law. This means that relevant parties may ask to apply their own laws to personal status matters.” The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status and the effects with regards to property resulting from contracting of the marriage. Whenever the law of the parties' home country fails to cover an aspect of the divorce procedure, the courts hold discretion to apply the UAE law.

Steps for filing for divorce in UAE

The first step is for either party to register a divorce case at the Family Guidance Section at the respective judicial department in one of the emirates. A court appointed conciliator will try to reconcile the divorcing parties as part of the divorce process. Amicable divorces can be concluded at this stage, and the parties will need to draft a settlement based on their mutual understanding and sign it before the conciliator. The conciliator will then provide a referral letter, permitting them to proceed before the court to conclude their divorce case. The letter can be submitted to court at any time within three months from the date of issue. Once in court, the particulars of the divorce case fall at the court's discretion. The introduction of these regulations is also seen as a reflection of the UAE's commitment to upholding the rights of all residents, regardless of their nationality or religious background. The new laws are part of a broader initiative to update family law in the UAE, aligning it with international standards and best practices. The UAE government has encouraged all affected individuals to familiarize themselves with the new regulations and seek legal counsel if necessary. The Ministry of Justice has made available several resources to assist residents in understanding their rights and obligations under the new laws. ICA/Expat Media ALSO READ: Can you marry in UAE if you are not divorced in your home country?
For all the latest news from the UAE and the world, follow us on Facebook, Twitter and Instagram and subscribe to our YouTube page