Divorce for Non-Muslims in the UAE: Which Law Applies
Divorce for non-Muslims in the UAE is governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status, by Abu Dhabi Law No. 14 of 2021 and ADJD Regulation No. 8 of 2022 for the marriages and persons they cover, by Federal Decree-Law No. 41 of 2024 on Personal Status, or by a spouse’s home-country law, depending on each text’s scope article and on the law the spouses choose.
If your ex is keeping you from your children, what to do when your ex won’t let you see your children covers that; if a child was taken abroad, see what to do when a child is taken out of the UAE without consent; for child support, see child maintenance in the UAE.
The UAE has no single divorce law for non-Muslims; three texts can apply, each with its own scope. Federal Decree-Law No. 41 of 2022 on Civil Personal Status applies to non-Muslim citizens and non-Muslim foreign residents unless one of them adheres to their home country’s law, and gives either spouse a no-fault divorce at the first hearing, without family guidance (Articles 1, 3, 7 and 8). Federal Decree-Law No. 41 of 2024, in force since 15 April 2025, applies to non-UAE citizens unless one of them insists on their own law or an agreed law (Article 1(3)). In Abu Dhabi, Law No. 14 of 2021 (Article 3) and ADJD Regulation No. 8 of 2022 (Article 5) reach marriages concluded under the Law, non-Muslim citizens, nationals of, and marriages held in, countries that do not mainly apply Islamic law in family matters, and civil marriages; these cases go to the Abu Dhabi Civil Family Court. Which law governs a particular divorce turns on those articles, on what the spouses choose or insist on, and on what the court applies. This guide sets out what each text says about divorce, money and children, quoting the articles, and marks where the UAE Government portal’s summaries differ from the law’s own wording. It is general information, not legal advice.
LAST REVIEWED 1 OCTOBER 2026
Researched and maintained by the LEXNOVA Content & Research Team · Editorial policy
Reviewed for legal accuracy by LEXNOVA's team of lawyers. General information only — not legal advice. LEXNOVA is not a law firm.
WHO THIS GUIDE IS FOR
Non-Muslim spouses living in the UAE who are considering a divorce, have been served with divorce papers, or want to know which law their marriage falls under before they act; couples who married in a civil ceremony in Abu Dhabi or before a court authentication judge under the federal civil law; couples of different faiths who are unsure whether the civil rules reach them at all; and anyone who has read that the 2024 Personal Status Law now applies to non-citizens and wants to see what its text says. If the immediate problem is access to your children, a child taken abroad or the amount of child support, the pages linked above deal with those questions directly.
Which Law Governs a Non-Muslim Couple’s Divorce in the UAE?
Three instruments reach non-Muslim spouses, and each defines its own scope. Which one governs a given divorce turns on the wording of those articles, on any choice the spouses have made, and on what the court decides to apply, so it is worth reading them in their own words.
Federal Decree-Law No. 41 of 2022 on Civil Personal Status, Article 1(1): “The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage”. The clause ends with a proviso preserving five named articles of the federal Civil Transactions Law. Article 1(2) adds that the persons it covers “may agree to apply other legislation regulating the family or personal status matters currently in force in the State instead of applying the provisions of this Decree-Law.”
Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, in force since 15 April 2025, Article 1(3): “The provisions of this Law shall apply to non-UAE citizens unless one of them insists on applying his/her law or any other law that has been agreed to be applied, as permitted by the legislation in force in the State.” For UAE citizens, Article 1(1) applies the law “if both parties of the relationship or one of them is Muslim”, and Article 1(2) applies it to non-Muslim citizens “unless they have provisions specific to their sect and religion or they agree to apply another law permitted by the legislation in force in the State.”
Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects, as amended by Law No. 15 of 2021 and published by the Abu Dhabi Judicial Department (ADJD), Article 3(1): “If a marriage takes place in accordance with this Law, this Law shall be applicable as regards to the effects of the marriage and its dissolution.” The Law’s definitions describe the persons it governs as “Non-Muslim male and female foreigners or UAE nationals”, while the definitions in ADJD Regulation No. 8 of 2022 read “Foreigners or non-Muslim citizens irrespective of their gender”. Article 5 of the Regulation lists the cases the Abu Dhabi rules cover: non-Muslim citizens; a foreigner holding the nationality of a country that does not apply Islamic law mainly in family matters, according to a list in an ADJD guidance manual; a marriage held in such a country; a marriage concluded as a civil marriage; and any other case the ADJD Chairman decides.
Read side by side, the two federal articles both reach a non-Muslim foreign resident on their wording, and each gives way to a spouse who adheres to or insists on another law. Neither decree-law names the other, and neither text states which applies to a non-Muslim foreign couple who have made no choice. The UAE Government portal’s Divorce page assigns civil divorce to the 2022 Decree-Law and its Executive Regulation, and says the 2024 law governs the divorce of Muslim couples and also applies where the husband is Muslim and the wife is not. That is the portal’s allocation, not a clause of either law: the 2024 law’s own Article 1 contains no husband-and-wife formula.
The portal also compresses the 2022 Decree-Law’s choice-of-law rule into one sentence: either spouse may file “in accordance with the laws of their country of origin, or, at the request of either party, have the divorce proceedings governed by UAE law.” In the Decree-Law these are two separate rules. Article 1(1) turns on one covered person adhering to home-country law; Article 1(2) requires the persons covered to agree before other UAE family legislation replaces the Decree-Law. Where a summary and an article differ, the article is the law, and the legislation portal itself states that the Arabic text prevails over its English translation.
How Does No-Fault Divorce Work Under Federal Decree-Law No. 41 of 2022?
Article 7 of the Decree-Law sets out what is sufficient for a court to pronounce a divorce: “it shall be sufficient for either of the married couple to express his / her wish to get separated and not to continue the conjugal relationship, without having to justify that desire, to specify the aspects of harm, or to lay the blame on the other party.” Article 4(3) makes the right equal, providing that both the husband and the wife may unilaterally demand that divorce be established by the court, without prejudice to their rights related to divorce.
Article 8 describes the procedure. Either spouse may request divorce on the form prepared for that purpose, with no need to prove harm, and the divorce takes place by a court decision after the other party has been duly served. Article 3 adds that divorce proceedings filed under the Decree-Law are excluded from being referred to Family Guidance Committees and are instead presented directly to the court “to render a judgment thereon at the first hearing.” The Decree-Law entered into force on 1 February 2023 (Article 18).
The Executive Regulation, Cabinet Resolution No. 122 of 2023, entered into force on the day after its publication in the Official Gazette (Article 46). Its articles deal with the civil marriage contract, the financial rights that follow a divorce, housing, alimony, child support, joint custody, travel, visitation and wills; it has no separate article on divorce procedure, which stays in Article 8 of the Decree-Law. The Regulation defines the competent court as the circuit that reviews cases and authentications filed under the Decree-Law.
The marriage contract matters from the start. Under Article 6(2), spouses marrying under the Decree-Law have the right to agree on the terms of the contract, and both must honour its provisions on their rights during the marriage and after a divorce, “and in particular the joint custody of the children.” Article 4(3)(b) of the Regulation places any agreed conditions on post-divorce rights in the marriage application itself. Several of the financial rules described below apply only where the contract says nothing, so the first document to find is the civil marriage contract.
Where the Decree-Law is silent, Article 15 applies the laws and legislation in force in the State, and Article 42 of the Regulation directs the court to apply the principles of justice and fairness to any matter submitted to it during the case.
What Money Claims Can Follow a Civil Divorce Under the Federal Law?
Alimony. Under Article 9 of the Decree-Law, the divorced woman may ask the court, after the divorce judgment, for alimony from her former husband, and any other post-divorce claims are added on the prescribed form. If the marriage contract contains no agreement on alimony or other financial claims, whether to grant it and for how long is at the judge’s discretion after evaluating the factors the article lists: the number of years of marriage (more years, more alimony); the wife’s age (alimony decreases as her age decreases, and vice versa); each spouse’s financial situation, assessed by an accounting expert the court appoints; the extent of the husband’s contribution to the divorce through negligence, error or an act that led to it; compensation for physical or moral harm caused by the divorce; financial damage caused by an application for divorce by unilateral will; the father’s liability for the costs of the mother’s custody of the children during joint custody, for a temporary period not exceeding two years; and whether the wife is interested in taking care of the children. The last item adds that, in all cases, the wife’s alimony lapses if she marries another man or if her custody of the children ends for any reason; a new application to amend the alimony may be made after each year or as circumstances change.
Lump-sum compensation. Article 6 of the Executive Regulation allows the judge, where the spouses did not agree on the financial rights arising from the civil marriage, to order either spouse to pay the other a lump sum after the divorce. It lists fifteen criteria, among them the years of marriage, which spouse caused the breakdown through negligence or fault such as infidelity or abandonment, material or moral damage, each spouse’s economic and social status on the accounting expert’s report, education, the wife’s age and employability, whether the husband required the wife to work or not to work, the standard of living during the marriage, each spouse’s contribution to the other’s wealth, health, the number and ages of the children, financial dependence, and any other criteria the court considers necessary. Under Article 7, the court assigns the evaluation of the couple’s financial position to an accounting expert who is fluent in English, “whenever necessary”, to state the total financial value to which the wife or husband is entitled after the divorce, and it has discretion to rely on the report in a way that ensures a decent living for the divorcee and her children without burdening the father beyond his means.
Housing and interim support. Unless the court decides otherwise, and unless the marriage contract provides otherwise, Article 8 of the Regulation requires the father to pay the divorced mother a housing allowance, in kind or in cash, for the duration of joint custody; the housing should suit the children’s previous standard of living and be close to their old home, and the allowance includes basic utility bills. The court may exempt the father wholly or partly if the mother can afford suitable housing, judged on the accounting expert’s report. Article 9 lets the divorced woman ask for temporary housing assistance after the divorce judgment. Article 10 lets her ask for temporary alimony until the financial rights are decided, on form No. 4; the court decides it by an order on petition, on documents showing the couple’s monthly income and the last six months of account statements, and may refuse it if she has a job or a fixed income that covers her basic needs.
Child support. Article 11 of the Regulation makes the father responsible for supporting the children after the divorce, including education, housing fees, treatment and the other daily or periodic expenses he met before, unless the spouses agreed otherwise in the marriage contract. Article 12 lets the court estimate the amount, increase or decrease it, and impose financial fines if he fails to pay. A parent who gives up joint custody is not released from financial obligations towards the children (Article 15(2)).
Property. Neither the Decree-Law nor its Executive Regulation contains an article that divides matrimonial property between the spouses. Within those two texts, the money consequences of a civil divorce are the claims above and whatever the spouses agreed in the marriage contract; matters the Decree-Law does not specifically provide for are governed by the other laws and legislation in force in the State (Article 15), and the Regulation refers matters it does not cover to the legislation regulating personal status matters in the State (Article 44). Property the spouses own, together or separately, is therefore worth raising with a family lawyer. Although Article 4 of the Decree-Law says it is applied taking into account equality between women and men in rights and duties, the alimony, housing and child-support provisions are written in terms of the divorced wife and the father; the lump sum in Article 6 of the Regulation is the one claim expressly available against either spouse.
How Is Custody Decided After a Civil Divorce Under the Federal Law?
Article 10(1) of the Decree-Law makes custody of the children “a joint and equal right of both the father and mother after the occurrence of the divorce”, and a right of the children not to live under the control of one parent without the other. Article 4(4) gives both parents an equal right to joint custody until the child reaches 18, after which the child has freedom of choice.
The Executive Regulation turns this into a default. Under Article 13, the divorce judgment automatically grants joint custody equally to the father and the mother, unless a parent applies on form No. 5 for custody to go to the parent worthy of fulfilling the child’s interests, or submits a written waiver; either parent may object to the joint custody judgment on sound grounds. If the parents cannot agree how to share the time, Article 14 lets the court set a weekly, semi-monthly or monthly alternation, or any other arrangement in the child’s best interest, including how leave periods and public holidays are divided.
A parent may ask the court to remove the other from joint custody (Article 17). Article 18 lists the grounds, among them a risk of domestic violence or ill-treatment, inadequate living conditions, behavioural or psychological problems that endanger the child, failure to perform custodial duties, a final conviction for a crime against morals and honour, abuse of drugs or alcohol, health reasons, the wish of a child who has reached 18, and any other reason the court accepts in the child’s interest. While the application is pending, the court may suspend joint custody temporarily or appoint a social expert. If joint custody ends, Article 19 allows the court to apply the rules of justice and fairness or the best international practices of comparative law on custody and visitation, giving priority to the child’s best interest.
Travel and visitation. During joint custody, Article 21 of the Regulation bars either parent from taking the child out of the State by a unilateral decision if the other objects, unless the judge gives permission on an application; the court may require guarantees that the child will return on the set date. After the divorce, either parent may ask the court to prevent the child from travelling for a temporary period (Article 22). Parents may agree visitation between themselves; if they disagree, the court fixes the place and time, overnight stays, who brings the child and who supervises, and it may suspend visitation where the child’s interests require it or later amend the arrangement (Articles 23 and 24). The UAE Government portal’s summary of civil custody and child travel cites Article 10 of the Decree-Law and Articles 13 to 22 of the Regulation.
How Does Divorce Work at the Abu Dhabi Civil Family Court?
Abu Dhabi Law No. 14 of 2021 uses almost the same no-fault test as the federal law. Article 6: “In order to effectuate Divorce, it suffices that one of the spouses declares before the Court the willingness thereof to separate and to end the marital relationship, without the need to justify such request, prove any damage suffered or to blame the other party.” Under Article 7, either spouse files on the court’s form, the judgment follows notification of the other party, and “Divorce shall be granted at the first hearing following the case registration with the Court. Referral to Family Guidance shall not be needed.” Article 15 repeats the exclusion from family guidance. Article 17, as replaced in 2021, establishes a specialised court of a single judge, who may be non-Muslim, with all forms and proceedings in Arabic and English.
ADJD Regulation No. 8 of 2022 sets out the steps. The claimant, or a special representative, fills in the bilingual civil divorce application and pays the fee the Regulation prescribes, AED 5,000 (Article 13); the court’s web page does not state a divorce fee, so confirm the current amount with the court before filing. If the court approves the application, it sets the first hearing at least 30 days after the approval (Article 14(1)); the defendant files a defence memo, especially on jurisdiction, no later than 10 working days before the hearing (Article 14(4)); and at the hearing the judge issues the divorce after confirming that the claimant attended and maintains the request (Article 14(6)). The court’s own FAQ adds that the defendant is first notified by SMS, that both parties or their representatives must attend a case-management session before the file goes to the judge, and that the court “aims to finalise the case within one month from the date the case was registered”. The 30-day minimum is the Regulation’s rule; the one-month figure is the court’s stated aim, not a guarantee.
Jurisdiction and eligibility. Article 4 of the Regulation lets the court hear civil divorce cases where Abu Dhabi is the place of residence, work or domicile of either spouse, even against a foreign defendant with no domicile in the emirate. The court’s FAQ answers “Who can apply for a no fault divorce?” with three points: Abu Dhabi residents; anyone who obtained a civil marriage through the Abu Dhabi Civil Family Court; and parties from a country not governed by sharia law, adding that applicants holding citizenship of an Arab League country may be asked for an official document proving their religion. The ADJD guidance-manual list of countries mentioned in Article 5 of the Regulation is not reproduced on the court’s page, so this guide does not say which nationalities qualify.
Language and representation. Article 44 of the Regulation allows the court to conduct the whole case in English if neither party speaks Arabic, with the claim form and the judgment in both languages. Article 45 allows foreign lawyers registered on ADJD’s foreign lawyers’ roll to represent a party, and Article 52 lets spouses agree to arbitration by one or three arbitrators registered on ADJD’s roll of family-dispute arbitrators.
What Does the Abu Dhabi Regime Say About Money and Children?
Money. Article 8 of Abu Dhabi Law No. 14 of 2021 lets the wife claim alimony after the divorce judgment and, if the marriage contract is silent, lists factors that mirror the federal list, including the two-year limit on the father covering the mother’s custody costs; the alimony is forfeited if she marries another man, and a new application to modify it may be made every year or as economic conditions change. The Regulation adds a lump-sum compensation payable by either spouse, weighed against fourteen factors (Article 16), and gives the court and the expert guide criteria they “may be guided by” (Article 18): a cash percentage of no less than 25% of the husband’s last monthly income multiplied by the years of marriage, a percentage of the husband’s property and wealth, and the spouses’ joint account. The court may raise or lower the amount. These are Abu Dhabi guide criteria, not a federal rule and not a fixed split.
The Regulation also provides for a housing allowance during joint custody (Article 19), temporary housing support (Article 20), provisional alimony decided by interim order on six months of account statements (Article 21), and the father’s duty to support the children (Articles 23 and 24). Judgments are issued with immediate enforcement (Article 47) and include a direction to the bank to deduct the amount from the debtor’s accounts once seven working days have passed from notification, unless the parties agree otherwise (Article 48). A judgment on alimony or post-divorce financial rights for less than AED 500,000 is final and enforceable when issued (Article 49), and may be appealed only for a breach of the jurisdiction rules or a void judgment or procedure (Article 50).
Children. The Regulation defines a child as a person under 16 (Article 1). Under Article 25(1), the mother and father have an equal right to joint custody until the child reaches 16, after which the child chooses the custodian; Article 16(4) of the Law says the same. The divorce ruling automatically establishes joint custody equally between the parents (Article 26), and if they cannot agree the division, the court sets a weekly, two-weekly or monthly alternation or another arrangement (Article 28). The grounds for removing a parent from joint custody include the wish of a child who has reached 12 and the other parent’s remarriage (Article 33). During joint custody neither parent may travel abroad with the child by a unilateral decision without the other’s written consent authorised by the court or the judge’s permission (Article 37), and either parent may ask for a temporary travel ban after the divorce (Article 38). The court may fine a parent who does not follow the custody schedule and deduct custody days (Articles 40 and 41).
What Does the 2024 Personal Status Law Say About Divorce, Alimony and Custody?
Federal Decree-Law No. 41 of 2024 was issued on 1 October 2024 and came into force on 15 April 2025, six months after its publication (Article Five of the issuing decree). Article Four states that the attached law replaces Federal Law No. 28 of 2005 concerning Personal Status and repeals any conflicting provision; it does not name the 2022 civil Decree-Law or its Executive Regulation. Article One of the issuing decree provides that where the judge finds no provision in the law, the judgment is to conform with Islamic Sharia. Article 1(4) of the attached law applies it to events after its entry into force and “retrospectively to deeds of divorce, divorce proceedings, and proof or denial of lineage proceedings, for which a final judgement has not been issued.”
Divorce routes. Article 52 lists the ways spouses separate under this law: divorce, forced divorce, khula’, revocation of the marriage contract and the death of a spouse. Divorce in Article 53 is pronounced by the husband; khula’ in Article 65 is a separation at the wife’s request with the husband’s acceptance of a consideration; and under Article 71 each spouse may ask the court for divorce for damage that precludes living together, which the court may grant if the damage is proven and reconciliation is impossible. These routes differ for husband and wife, unlike the civil texts, which give each spouse the same right to divorce by a declaration before the court.
Family guidance. Article 8(1): “Before referring the case to the competent court, the supervising judge may issue a decision to refer the parties of the case to the Family Guidance Department/ Section to resolve the dispute between them amicably if he/she deems it feasible.” The same paragraph exempts wills and inheritance, urgent and temporary matters, and cases where reconciliation is not foreseeable, such as proof of marriage or divorce. A settlement reached there is recorded in a report that, once approved by the supervising judge, has the force of an execution writ (Article 8(2)). The UAE Government portal’s general “Steps for filing a divorce in the UAE”, set out between its sections on Muslim and non-Muslim couples, call the family counsellor meeting “a mandatory step to complete the divorce procedures in the UAE”; the article itself leaves it to the supervising judge to decide whether to refer the parties. The Federal Judicial Council has since introduced a Family Guidance Regulation, Resolution No. 67 of 2025, which the Ministry of Justice says gives family counsellors a broader role in resolving disputes amicably and gives their agreements the force of an executive deed. The civil regimes exclude civil divorce cases from family guidance, as the portal’s own section on non-Muslim couples also says.
Alimony, in Chapter Seven. Alimony covers food, clothing, housing, medical treatment and education according to custom (Article 95), is estimated on the payer’s means, the recipient’s condition and the economic situation (Article 96), and may be increased or decreased when circumstances change, though a claim to change it is not heard within a year of the ruling becoming final except in exceptional circumstances (Article 97). The court may order temporary alimony for the wife and children during an alimony case, enforceable immediately (Article 100). A wife in a consummated valid marriage who is divorced by the husband’s sole will, without her request or cause, is entitled to compensation not exceeding one year’s maintenance for her peers (Article 102). A child’s maintenance falls on the father, for a girl until she marries or works and for a boy until he can earn a living, subject to continued study (Article 106).
Custody, in Chapter Eight. Article 114: “If they separate, custody shall be to the mother, then to the person who is most entitled to it in the following order: the father, then the mother’s mother, then the father’s mother, then the court decides what it deems to be in the best interest of the child in custody”, and the court may depart from that order in the child’s best interest. Among the conditions for a custodian, Article 113(8) requires the custodian and the child to share the same religion unless the custodian is a mother of a different religion and the court decides otherwise for the child’s benefit. A custodial parent may travel with the child with the other parent’s written approval, and the court may authorise travel of up to 60 days a year in total with a guarantee of return, or longer for the child’s benefit, treatment or a necessity (Article 116). At 15 the child may choose which parent to live with unless the child’s interest requires otherwise (Article 122), and custody ends at 18, continuing beyond that only for a child whose condition is described in Article 123(2).
- Federal Decree-Law No. 41 of 2024, issuing decree Articles One, Four and Five; attached law Articles 1, 8, 52, 53, 65, 71, 95 to 106, 113, 114, 116, 122 and 123 (UAE Legislation) ↗
- UAE Government portal: Divorce (steps for filing a divorce; divorce laws for non-Muslim couples) ↗
- Ministry of Justice: Federal Judicial Council regulations implementing the Personal Status Law (28 November 2025) ↗
How Do the Three Regimes Differ on the Points That Matter Most?
Starting the divorce. Under both civil texts, one spouse’s declaration before the court is enough, and the case goes straight to a judgment at the first hearing without family guidance (Federal Decree-Law No. 41 of 2022, Articles 3, 7 and 8; Abu Dhabi Law No. 14 of 2021, Articles 6, 7 and 15). Under the 2024 Personal Status Law, the routes include divorce by the husband, khula’ and revocation by the court on listed grounds such as damage, and the supervising judge may refer the parties to family guidance first (Articles 8, 52, 53, 65 and 71).
Children. The federal civil law defaults to equal joint custody until 18, after which the child chooses (Article 4(4); Regulation Article 13). Abu Dhabi defaults to equal joint custody until 16, after which the child chooses (Regulation Articles 25 and 26). The 2024 law gives custody first to the mother, then the father, then the grandmothers, lets the child choose a residence at 15 and ends custody at 18 (Articles 114, 122 and 123). These ages come from three different texts and should not be merged.
Money. The federal civil law combines post-divorce alimony (Article 9) with a discretionary lump sum payable by either spouse (Regulation Article 6). Abu Dhabi has a similar alimony list (Law Article 8), its own lump-sum factors, and guide criteria including the 25% income formula (Regulation Articles 16 and 18). The 2024 law works through maintenance, temporary alimony and a capped compensation for a wife divorced by the husband’s sole will (Articles 95 to 106). In the two civil regimes, terms agreed in the marriage contract come first where the law allows it.
The marriage itself. A civil marriage under the federal law requires both spouses to be at least 21 (Decree-Law Article 5(1)); under the Abu Dhabi law the minimum is 18 (Law Article 4(1)). Where, and under which text, the marriage was concluded is one of the facts the scope articles turn on, most directly in Abu Dhabi (Law Article 3(1); Regulation Article 5).
- Federal Decree-Law No. 41 of 2022, Articles 3 to 9 (UAE Legislation) ↗
- Cabinet Resolution No. 122 of 2023, Articles 6 and 13 (UAE Legislation) ↗
- Abu Dhabi Law No. 14 of 2021, Articles 3, 4, 6, 7, 8 and 15, and ADJD Regulation No. 8 of 2022, Articles 5, 16, 18, 25 and 26 (ADJD) ↗
- Federal Decree-Law No. 41 of 2024, attached law Articles 8, 52, 53, 65, 71, 95 to 106, 114, 122 and 123 (UAE Legislation) ↗
Where Is a Non-Muslim Divorce Heard in Dubai and Abu Dhabi?
Dubai. Dubai Courts states that its Personal Status Court has jurisdiction over personal and financial matters of both Muslims and non-Muslims, hears divorce, alimony and custody cases, certifies civil marriage contracts for non-Muslims and issues divorce attestations. The UAE Government portal describes Dubai’s civil marriage service as complying with Federal Decree-Law No. 41 of 2022, for couples who are both non-Muslim, with at least one resident in Dubai and both aged at least 21.
Abu Dhabi. The Abu Dhabi Civil Family Court is the specialised court established under Article 17 of Abu Dhabi Law No. 14 of 2021, and Article 17 bis sets its jurisdiction over defendants with a domicile, residence or place of work in the emirate, plus listed cases against defendants who have none. ADJD’s own civil marriage FAQ states that anyone other than a UAE national may obtain a civil marriage regardless of religion, and that Muslims may use the civil marriage service as long as they are not UAE citizens, so the Abu Dhabi court should not be thought of as a court for non-Muslims only.
This guide does not describe how civil divorce cases are organised in the courts of the other emirates; a family lawyer in the emirate concerned can confirm the competent court.
What Should You Gather Before Speaking to a Family Lawyer?
The marriage certificate, and a note of where and under which law the marriage was concluded: a civil marriage in Abu Dhabi under Law No. 14 of 2021, a civil marriage authenticated by a court under Federal Decree-Law No. 41 of 2022, such as Dubai’s civil marriage service, a religious marriage, or a marriage abroad. For a no-fault divorce in Abu Dhabi, ADJD asks for a copy of the marriage certificate in English and Arabic and copies of each party’s passport and Emirates ID.
Any agreed terms. Both civil texts let spouses agree the terms that will govern their rights after a divorce (Federal Decree-Law No. 41 of 2022, Article 6(2), which mentions joint custody in particular; Abu Dhabi Law No. 14 of 2021, Article 5(2)), and several financial rules apply only where the contract is silent.
Financial records. Temporary alimony under both civil regimes is decided on documents showing the spouses’ monthly income and the last six months of account statements (Cabinet Resolution No. 122 of 2023, Article 10; ADJD Regulation No. 8 of 2022, Article 21), and the final financial claims draw on an accounting expert’s report.
Any choice of law. Note whether either spouse has said they adhere to, or insist on, the law of their home country, and whether the two of you ever agreed which UAE law would apply (Federal Decree-Law No. 41 of 2022, Article 1; Federal Decree-Law No. 41 of 2024, Article 1(3)). That single fact can decide which of the texts above governs the divorce.
Sources & legal basis
- Federal Decree-Law No. 41 of 2022 on Civil Personal Status ↗
- Cabinet Resolution No. 122 of 2023 on the Executive Regulation of Federal Decree-Law No. 41 of 2022 on Civil Personal Status ↗
- Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law ↗
- Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects (as amended) and ADJD Regulation No. 8 of 2022 ↗
- Abu Dhabi Judicial Department: Abu Dhabi Civil Family Court ↗
- UAE Government portal: Divorce ↗
- UAE Government portal: Civil marriage and family law for non-Muslims ↗
- Dubai Courts: Personal Status Court ↗
- Ministry of Justice: Federal Judicial Council regulations implementing the Personal Status Law (28 November 2025) ↗
FAQ
LEXNOVA is not a law firm and does not provide legal advice, legal opinions, legal representation, or legal services. Any legal advice or representation is provided directly by the independent legal professional engaged by the client.
A connection or introduction does not constitute a guarantee, endorsement, or assurance of outcome. Users should independently confirm the professional's qualifications, authorization, fees, scope of engagement, and suitability.
RELATED PRACTICE AREAS