The UAE's Civil Personal Status Law provides non-Muslims with a legal framework for regulating family relationships, built on equality between spouses in seeking divorce and in child custody, while regulating the financial rights that follow separation. This framework rests on Federal Decree-Law No. (41) of 2022 on Civil Personal Status, and its executive regulations issued under Cabinet Resolution No. (122) of 2023.
The law's provisions apply to non-Muslim UAE nationals and to non-Muslim foreign nationals residing in the country, subject to its provisions on scope of application and the rules on conflict of laws, including a foreign national's insistence on the application of their own national law. Those to whom its provisions apply may also agree to the application of other family or personal status legislation in force in the UAE. Determining the appropriate legal path therefore begins with reviewing the spouses' nationality and religion, and any agreement on the law to be applied.
Divorce by unilateral request, from the first hearing
One of this law's most notable features is that it simplifies divorce procedures: it is enough for either spouse to state before the court their wish to separate and not to continue the marital relationship, without requiring the other party's consent, without giving reasons to justify the request, and without proving harm or fault.
The divorce case is filed directly before the court without going through family guidance committees, and the law provides for judgment to be issued from the first hearing. This is conditional on the requirements for the law's application being met and on the necessary procedures being followed, including valid service of process on the other party. Deciding any disputed financial claims, however, may require additional proceedings after the divorce judgment is issued.
Joint custody: the continuing responsibility of both parents
The general rule after divorce is joint, equal custody between the father and the mother, preserving the children's relationship with both parents and ensuring that both continue to share in their upbringing and care. Joint custody is a right of the parents, and a right of the children to the continuing presence of both their father and mother in their lives.
This rule is subject to the best interests of the child: where grounds exist to justify awarding custody to one parent or excluding the other, the matter may be brought before the court to assess the most suitable arrangement. Where the parents disagree over the exercise of custody or the children's affairs, either parent is entitled to seek the court's intervention. Likewise, neither parent may travel abroad with the child by unilateral decision where the other objects, except with judicial permission.
The spouses' financial rights after divorce
The law preserves the divorced wife's right to claim maintenance from her former husband after the divorce judgment is issued. In the absence of an agreement governing these rights, the court assesses the entitlement and its duration in light of factors that include the length of the marriage, the wife's age, the financial position of both parties, care of the children, and the harm arising from the divorce. The law also allows an application to vary the maintenance in accordance with its rules, and the divorced wife's maintenance lapses on her remarriage or on the end of her custody of the children, as provided by the law.
This financial protection extends to both spouses: in the absence of a governing agreement, the court may order either spouse to pay the other a lump-sum compensation after the divorce. In assessing it, the court takes into account the financial position, the length of the marriage, the harm suffered, the contribution to the other party's wealth, and the financial dependence between the spouses. The ease of obtaining a divorce does not mean that either party is relieved of financial obligations established against them.
The divorced wife may also apply for temporary maintenance pending the determination of her financial rights. The executive regulations govern the provision of housing, or a housing allowance, during joint custody, having regard to any agreement between the parties, their financial means, and the court's power to grant a full or partial exemption, as well as the possibility of applying for a temporary housing allowance following the divorce.
Child maintenance under joint custody
Joint custody does not automatically mean that the children's maintenance is split equally between the parents. As a rule, under the executive regulations, the father remains obliged to support the children after divorce, covering education, medical treatment, residency fees and day-to-day and periodic expenses, unless the spouses agreed otherwise in the marriage contract. The court assesses the maintenance having regard to the children's needs and the father's financial capacity.
Legal advice before filing the case helps determine the applicable law, frame the requests for divorce, custody, maintenance and compensation precisely, and present the documents that disclose the parties' financial position, in a way that preserves both parties' rights and places the children's interests foremost among the considerations.