Frequently Asked Questions About Divorce

What are the grounds for divorce?

The grounds for divorce in the UAE vary depending on whether you are Muslim or non-Muslim:

For Muslim couples under Federal Law No. 28 of 2005, grounds include:

• Physical or mental defects that prevent normal marital relations
• Serious deception during marriage formation
• Non-payment of dowry in non-consummated marriages
• Irreconcilable discord making continued marriage impossible
• Financial neglect or failure to provide support
• Prolonged absence or abandonment
• Imprisonment for more than three years
• Prolonged disengagement or lack of physical relations

For non-Muslim couples under Federal Decree-Law No. 41 of 2022, a no-fault divorce system applies, allowing either spouse to file for divorce without needing to prove misconduct or assign blame. This significantly simplifies the process for non-Muslims.

How long does a divorce process take in Dubai?

The duration of divorce proceedings in Dubai varies significantly based on several factors:

Uncontested divorces (where both parties agree on all terms):

• For Muslims: Typically 1-3 months
• For non-Muslims under the new civil personal status law: As little as 30 days

Contested divorces (where parties disagree on key issues):

• Can extend from 6 months to 18 months or longer
• Duration increases with complexity of disputed issues
• May involve multiple court sessions and expert appointments

Mediated or collaborative divorces:

• Generally 2-4 months depending on complexity and cooperation

Factors that can extend the timeline include complex asset division, child custody disputes, and cross-border elements requiring international coordination.

Can expatriates file for divorce in the UAE?

Yes, expatriates can file for divorce in the UAE provided they meet certain requirements:

1. Residency requirement: At least one spouse must be a resident of the UAE
2. Jurisdiction options:
   • Apply UAE law (Federal Decree-Law No. 41 of 2022 for non-Muslims)
   • Request application of home country law under certain circumstances
   • File in home country while residing in UAE (may present practical challenges)
3. Documentation needed:
   • Marriage certificate (legally translated if not in Arabic)
   • Emirates ID or valid residency visa
   • Passports and other identification documents
   • Any prenuptial agreements if applicable

Expatriates should consider jurisdictional implications carefully, as the country where divorce is filed can significantly impact property division, child custody, and financial settlements.

What is the difference between contested and uncontested divorce in UAE?

The key differences between contested and uncontested divorce in the UAE include:

Uncontested Divorce:

• Both spouses agree on all key aspects (property division, child custody, support)
• Faster process, typically concluding within 1-3 months
• Lower legal costs and court fees
• Less emotional strain and conflict
• Greater privacy as fewer details are discussed in court
• More control over the outcome for both parties

Contested Divorce:

• Disagreement on one or more significant issues
• Longer process, often taking 6-18 months or more
• Higher legal costs due to multiple court appearances and possibly expert witnesses
• More emotional stress for all parties involved
• Less privacy as disputes are aired in court proceedings
• Court ultimately decides disputed matters rather than the parties themselves

An initially contested divorce may become uncontested if the parties reach agreement during the process, often through negotiation or mediation.

How is property divided in a UAE divorce?

Property division in UAE divorce cases follows different principles based on applicable law:

For Muslim couples under Sharia law:

• No automatic concept of “marital property” or community property
• Each spouse generally retains assets registered in their name
• The wife keeps her dowry (mahr) and personal property
• The husband may be required to provide compensation (mut’ah) in certain circumstances
• Courts have some discretion to ensure fairness, particularly regarding the matrimonial home

For non-Muslim couples under Federal Decree-Law No. 41 of 2022:

• More flexibility in property division based on factors including:
  • Contribution to acquisition of assets
  • Marriage duration
  • Financial status of each spouse
  • Fault or contribution to divorce
• Prenuptial agreements may be recognized and enforced
• Joint property may be divided based on contribution or equal shares

For all couples, property located outside the UAE may be subject to different rules, creating complex cross-border considerations.

What are the child custody laws in the UAE?

Child custody laws in the UAE have distinct frameworks depending on applicable law:

For Muslim families under Federal Law No. 28 of 2005:

• Physical custody (hadhanah) typically goes to the mother until boys reach age 11 and girls reach age 13
• Legal guardianship (wilayah) remains with the father throughout
• Custody age limits may be extended at court discretion if in the child’s best interest
• The custodian must meet specific criteria including being of sound mind, capable of child-rearing, and free from infectious disease
• A mother who remarries may lose custody unless the court determines otherwise

For non-Muslim families under Federal Decree-Law No. 41 of 2022:

• Joint custody is the default arrangement
• Decisions prioritize the child’s best interests
• More flexible arrangements based on parental agreement
• Equal parenting rights with focus on child welfare
• Religious considerations may still influence certain aspects

For all families, the court prioritizes the child’s best interests while considering factors such as parental capability, stability, and the child’s emotional wellbeing.

How much does it cost to hire a divorce lawyer in Dubai?

The cost of hiring a divorce lawyer in Dubai varies widely based on several factors:

Fee structures:

• Hourly rates: Typically range from AED 1,000 to AED 3,000+ per hour depending on attorney experience
• Fixed fees: Some firms offer package rates for uncontested divorces, ranging from AED 15,000 to AED 30,000+
• Retainer arrangements: Initial deposits of AED 20,000 to AED 50,000+ for contested cases

Cost factors:

• Case complexity (contested vs. uncontested)
• Asset value and complexity
• Child-related issues
• Attorney experience and reputation
• Firm size and location
• Need for specialized experts (business valuators, forensic accountants)

Additional expenses:

• Court filing fees
• Document translation costs
• Expert witness fees
• Notarization and attestation expenses

For budget-conscious clients, some firms offer unbundled services or limited-scope representation focusing on specific aspects of the divorce process.

Can I get a no-fault divorce in the UAE as a non-Muslim?

Yes, non-Muslim couples in the UAE can now obtain no-fault divorces under recent legislative reforms:

Federal Decree-Law No. 41 of 2022 on Civil Personal Status:

• Allows either spouse to file for divorce without proving fault or misconduct
• No requirement to demonstrate harm or assign blame
• Either unilateral filing or joint application is permitted
• No mandatory mediation requirement
• No waiting period for the divorce to become effective
• Streamlined process typically concluding within 30 days

Abu Dhabi Law No. 14 of 2021 (for non-Muslims in Abu Dhabi):

• Similar no-fault provisions
• Established the first civil family court in the UAE
• Pioneered the approach later adopted at the federal level

These reforms represent a significant modernization of UAE family law, aligning divorce procedures for non-Muslims with internationally recognized practices and making the process more accessible and efficient.

What is the role of the Family Guidance Committee in UAE divorces?

The Family Guidance Committee plays a significant role in the divorce process for Muslim couples in the UAE:

Primary functions:

• Mandatory first step before court proceedings can begin
• Attempts reconciliation between spouses when possible
• Facilitates amicable settlements when divorce is inevitable
• Provides counseling and mediation services
• Issues referral letters permitting court proceedings when reconciliation fails

Process details:

• Both spouses attend sessions with court-appointed conciliators
• Discussions occur without attorneys present
• Focus on addressing underlying issues and exploring solutions
• For uncontested divorces, may help draft settlement agreements
• For contested cases, identifies specific disputes for court resolution

Exemptions:

• Non-Muslim couples under Federal Decree-Law No. 41 of 2022 are exempt from mandatory Family Guidance Committee sessions
• Certain emergency situations may qualify for direct court access

The committee serves as an important filter, resolving many cases without court intervention and ensuring that only genuinely contested matters proceed to litigation.

How does inheritance law affect divorce settlements in the UAE?

Inheritance law intersects with divorce in several important ways in the UAE:

For Muslim couples:

• Divorced spouses have no inheritance rights from each other
• During the waiting period (Idda) after a revocable divorce, inheritance rights remain if one spouse dies
• Children maintain full inheritance rights from both parents regardless of divorce
• Sharia inheritance formulas dictate fixed shares for children and other relatives
• Only up to one-third of assets can be distributed by will to non-heirs

For non-Muslim couples:

• Recent reforms allow greater flexibility in estate planning
• Federal Decree-Law No. 41 of 2022 permits application of home country inheritance laws
• DIFC and Abu Dhabi wills services enable registration of wills that bypass Sharia distribution
• Divorce typically terminates inheritance rights between former spouses
• Children’s inheritance rights remain protected unless specifically addressed through valid wills

Strategic considerations:

• Divorce necessitates updating estate plans and beneficiary designations
• Business interests require careful succession planning post-divorce
• Cross-border assets may be subject to different inheritance regimes
• Guardianship provisions for minor children should be reviewed after divorce

Professional guidance is essential to navigate these complex intersections between divorce and inheritance law in the UAE.

Can I get alimony or spousal support after divorce in Dubai?

Spousal support provisions in UAE divorce cases vary based on applicable law:

For Muslim couples under Sharia law:

• The husband must provide financial support during the wife’s waiting period (Idda), typically three months
• Long-term alimony beyond this period is not generally awarded
• The wife may receive her deferred dowry (mahr) payment upon divorce
• Compensation (mut’ah) may be awarded in cases of arbitrary divorce
• Financial settlements focus on immediate support rather than ongoing maintenance

For non-Muslim couples under Federal Decree-Law No. 41 of 2022:

• More flexible alimony provisions based on factors including:
  • Marriage duration (longer marriages typically result in higher support)
  • Wife’s age (older wives generally receive more support)
  • Financial status of both parties
  • Contribution to divorce
  • Material and emotional damages
  • Child custody arrangements

Important limitations:

• Alimony typically terminates if the recipient remarries
• Support may end if custody of children ceases
• Annual reviews or significant circumstance changes may modify support amounts
• Enforcement mechanisms exist for non-payment, including potential travel bans

Our divorce lawyers provide strategic guidance on securing appropriate financial support while ensuring arrangements remain practical and sustainable.

What happens to joint bank accounts during a UAE divorce?

Joint bank accounts require careful handling during UAE divorce proceedings:

Immediate considerations:

• No automatic freezing of accounts upon divorce filing
• Either account holder can typically withdraw funds without the other’s consent
• Courts may issue freezing orders in cases of potential dissipation of assets
• Documenting account balances at separation is crucial for fair division

Division approaches:

• For Muslim couples: Assets generally remain with the titled owner, though courts have discretion to ensure fairness
• For non-Muslim couples: More flexible division based on contribution and other factors
• Negotiated settlements often include specific provisions for joint accounts
• Court-ordered divisions may require formal banking procedures

Protective measures:

• Consider converting joint accounts to require dual signatures during proceedings
• Maintain detailed records of all transactions
• Establish separate accounts for ongoing expenses
• Avoid depleting joint funds without agreement or court approval

Post-divorce steps:

• Close joint accounts and establish individual banking relationships
• Update automatic payments and direct deposits
• Remove former spouse from authorized user status on credit accounts
• Establish clear documentation of account division for future reference

Our legal team provides guidance on protecting financial interests while ensuring access to necessary funds during the divorce process.

How are business assets handled in a UAE divorce?

Business interests present unique challenges in UAE divorce proceedings:

Valuation methods:

• Book value assessment based on financial statements
• Market approach comparing similar businesses
• Income approach based on revenue projections
• Asset approach focusing on tangible property
• Court-appointed experts often conduct official valuations

Ownership considerations:

• Sole proprietorships vs. partnership or corporate interests
• Pre-marital vs. marital business development
• Active management vs. passive investment
• UAE commercial law restrictions on foreign ownership

Division strategies:

• Buy-out arrangements where one spouse retains the business
• Structured payment plans to preserve business liquidity
• Offset approaches trading business interests for other assets
• Co-ownership arrangements (less common due to practical challenges)
• Sale of the business and division of proceeds

Protection measures:

• Shareholder agreements with divorce provisions
• Pre-nuptial or post-nuptial agreements addressing business interests
• Corporate restructuring to safeguard business continuity
• Trust arrangements in appropriate jurisdictions

Our specialized divorce lawyers work closely with business valuation experts to ensure fair treatment of entrepreneurial assets while preserving business viability.

Can I remarry immediately after divorce in the UAE?

Remarriage timing after divorce in the UAE depends on gender and applicable law:

For Muslim women:

• Must observe the waiting period (Idda) of approximately three months
• If pregnant, the waiting period extends until childbirth
• Purpose includes determining potential pregnancy and allowing for reconciliation
• Remarriage during this period is prohibited under Sharia law

For Muslim men:

• No waiting period required before remarriage
• May have up to four wives simultaneously under Sharia law
• Specific restrictions apply to remarrying a previously divorced wife

For non-Muslim women under Federal Decree-Law No. 41 of 2022:

• No mandatory waiting period before remarriage
• Divorce is effective immediately upon court judgment
• Practical considerations may still warrant some delay

Documentation requirements for remarriage:

• Final divorce certificate
• Proof of completed waiting period (if applicable)
• Updated marital status on Emirates ID and other documents
• Compliance with any religious requirements based on faith

Our family lawyers provide guidance on remarriage timing and requirements to ensure legal compliance and avoid potential complications.

What visa options are available after divorce for expatriates in UAE?

Expatriates face important visa considerations following divorce in the UAE:

For sponsored spouses:

• Sponsorship typically ends upon divorce
• Grace period of 30 days to regularize status
• Must secure alternative visa arrangements or leave the country

Alternative visa options:

1. Employment visa: Secured through new or existing employer
2. Investment visa: Available with qualifying property investment (typically AED 1 million+)
3. Company ownership: Establishing or investing in UAE business
4. Golden Visa: Long-term residency for qualified professionals, investors, or exceptional talents
5. Parent visa: Sponsorship by adult children working in UAE
6. Student visa: Enrollment in recognized educational institution

Special considerations for mothers with custody:

• May qualify for humanitarian exceptions in certain cases
• Court-ordered child custody can support residency applications
• Specific documentation from family court may be required

Practical steps:

• Begin visa planning well before divorce finalization
• Gather necessary documentation for new visa applications
• Consult with both legal and immigration specialists
• Consider timing of divorce filing in relation to visa status

Our comprehensive legal services include guidance on post-divorce immigration options to ensure continuity of UAE residency when desired.