Introduction
Divorce can be a psychologically and procedurally challenging experience, especially for expatriates. This article by Al Weaam Legal Consultancy aims to clarify the divorce process in Dubai and shed light on the evolving legal environment in the UAE, supported by official statistics from Dubai Courts (2023).
Legal Framework of Divorce in the UAE
For Muslims
- Divorce cases are handled by Sharia courts under Federal Law No. 28 of 2005.
- Husband or wife can file for divorce under khula or annulment rules.
- Federal Law No. 41 of 2022 introduced balanced rights based on marriage duration, wife’s needs, and husband’s ability to pay.
For Non-Muslims
- The Civil Personal Status Law (2023) allows civil divorce for expats without Sharia law.
- Couples can apply their home country’s law.
- Non-Muslim women have greater flexibility in court over divorce, custody, and support.
Steps and Procedures of Divorce in Dubai
Initial Registration
Begin by registering at the Family Guidance Section at Dubai Courts. A mediator attempts reconciliation for up to 60 days.
First Instance Court
- If reconciliation fails, the case is referred to court.
- Sessions are in Arabic with translation available.
- Documents needed: marriage certificates, passports, birth certificates, financial statements.
Appeal (Court of Cassation)
This court reviews the judgment without accepting new evidence.
Execution Court
Issues binding rulings for non-compliance (alimony, custody, or property division).
Alimony, Custody & Asset Division
Child Custody
Custody usually goes to the mother, while guardianship (legal and financial responsibility) remains with the father. The child’s interest is prioritized, and older children may express their opinion.
Alimony
Calculated based on marriage duration, wife’s needs, and husband’s ability to pay.
Asset Division
Determined based on ownership documents and family interest. The court uses legal and financial evidence in decision-making.
Why Choose Al Weaam Legal Consultancy?
Specialized expertise in UAE law
Legal support in Sharia and civil courts and Family Guidance
Mediation and reconciliation to minimize emotional strain
Financial experts and forensic accountants for settlements
International perspective and experience in expat divorce cases
Practical Tips for Expats
- Translate and certify marriage, birth, and residency documents.
- Document finances: bank accounts, properties, business ownership.
- Consider a prenuptial agreement—valid in both Sharia and civil law contexts.
- Stay updated on new UAE laws like Law 41/2022 and Law 28/2005.
Conclusion
Modern legal reforms like the civil divorce law and judicial transparency have shaped a more structured divorce environment in Dubai. Still, family cooperation and legal planning are key to a smooth process. Al Weaam Legal Consultancy is ready to support you with expert guidance and professional legal service.
