Grounds for Divorce

Matters of personal status in the UAE are governed by Federal Law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims), which regulates personal status matters for Muslims  in the UAE; Federal Decree-Law No 41 of 2022 on Civil Personal Status, which governs personal status matters for non-Muslims in the UAE except Abu Dhabi; and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi, which governs personal status matters in Abu Dhabi for non-Muslim citizens and expatriates who are citizens of a country that does not apply Sharia law principles in personal status matters.

Civil partnership and same-sex marriages are not recognised in the UAE.

According to Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), divorce is defined as the termination of the marriage contract, which can be initiated by the husband. However, a wife may also seek divorce under specific circumstances, such as those stipulated in the marriage contract, or if grounds of “harm” exist, such as fraud, sexual defects, non-payment of dowry, financial neglect, imprisonment or desertion.

After the divorce, the wife must undergo a waiting period, idda, which lasts approximately three months, to determine if she is pregnant. If she is pregnant, the waiting period extends until the child’s birth. During this time, the husband is responsible for the wife’s expenses. The period of idda also provides an opportunity for both parties to reconsider their decision about divorce.

The UAE has also introduced Federal Decree-Law No 41 of 2024 on Personal Status Law (applicable from 16 April 2025 for Muslims) to replace Federal Law No 28/2005 on Personal Status. This new law has made significant changes to both the custody of children and the financial rights of wives.

Federal Decree-Law No 41 of 2022, introduced on 1 February 2023, follows the provisions of previously enacted Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate.

Both Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi) have introduced a no-fault divorce system. Under these laws, neither the husband nor the wife needs to provide reasons for the divorce. This law exempts parties from mandatory mediation. Unlike Federal Law No 28/2005 (applicable until 15 April 2025 for Muslims), there is no obligatory waiting period for the wife, and the divorce becomes effective with the court’s judgment.

Process and Timeline for Divorce

There is no mandatory separation period under UAE law. In accordance with Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), before bringing the case to the family courts, spouses are instructed to undergo mandatory mediation with the Family Guidance department. If the parties reach an agreement on mutual divorce, then a settlement agreement can be certified at this stage. This agreement is then annexed to the divorce judgement. For a mutual divorce, the first step in the process includes an application to be filed before the family guidance committee of the respective emirate where the parties are residing. Family Guidance receives the application and assigns a counsellor to the case. The role of the counsellor is that of an independent mediator – to try to resolve the disputes and issues raised by the parties. When the parties wish to enter into a mutual divorce, the Family Guidance department confirms the consent of both the parties and facilitate the steps for signing the terms of the settlement agreement, which finalises the divorce.

If any party does not agree to enter into a mutual divorce, then they may request that the Family Guidance department provide them with a referral letter in order to approach the family court.

In accordance with new Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims), the case must be submitted to the court, which will then decide if it needs to be submitted to Family Guidance.

Expatriates and citizens subject to Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi) have the option to file for divorce by unilateral decision. A no-fault divorce could be granted to either party at the first court hearing without having to give any reason for the divorce.

Rules for Service of Divorce Proceedings

There are no specific procedural rules, particularly for the service of divorce proceedings in the UAE. The rules governing civil procedures in the UAE are also applicable for divorce proceedings. These rules are codified under Federal Decree-Law No 42/2022 on the Promulgation of Civil Procedure Law. At the time of registration of the lawsuit, the applicant has to provide the contact details of the opposing party. Once the lawsuit is registered, the court notifies the respondent.

Service is carried out by the court via email, SMS, phone, or delivery by a court clerk. If the respondent is unavailable, and in exceptional scenarios, the court may authorise advertisement in the newspaper or posting on the respondent’s door.

Treatment of Religious Marriages and Divorces

Muslims in the UAE may marry before a marriage officer of the Sharia courts in the relevant emirate. Non-Muslims in the UAE may marry in accordance with their rituals and request their embassy to certify their marriage document. They may also choose to marry under Federal Civil Personal Status Law and Abu Dhabi Civil Personal Status Law. If the marriage was concluded outside the UAE, it should be certified by the UAE embassy in the country where the marriage took place.

The applicable law and the competent courts to decide on divorce and related matters will be based on various factors, including the residence of the parties, the place of marriage, the religion of the parties, and the nationality of the parties.

Other Processes (Annulment, Judicial Separation)

The UAE does not have any concept of judicial separation.

Either party may file a case before the competent family court (without going to the Family Guidance department) to request that the court annul the marriage. The court may enquire into various matters before issuing a decision on the validity of the marriage – eg, whether the marriage was valid in the law of the place where it was concluded, or whether it goes against public policy. If the court finds that the marriage between the parties is invalid, it may proceed with an annulment.

Jurisdictional Grounds

Civil partnership and same-sex marriages are not recognised in the UAE.

In accordance with Article 5 of Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), the UAE courts shall have jurisdiction on family matters where the defendant is either a citizen or a resident of the UAE. Even if the respondent is not a UAE resident, the UAE courts could have jurisdiction in accordance with Article 6 of Federal Law No 28/2005 when the scenario concerns:

• a marriage (or opposition thereto) to be carried out the state;
• divorce from a husband who is or was domiciled in the UAE;

• children’s or wives’ expenses if they are domiciled in or their workplace is in the UAE;
• guardianship of UAE-domiciled child;
• a family dispute against someone who has no known domicile or residence;
• more than one respondent, one of whom is UAE-domiciled; or
• a respondent choosing to define the UAE as their domicile.

This provision has not been significantly amended in new Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims).

According to Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects in the Emirate of Abu Dhabi and Executive Regulation No 8 of 2022 (applicable for non-Muslims in Abu Dhabi), Abu Dhabi Courts shall have jurisdiction:

• when both the expats are residents of Abu Dhabi or have an existing or previous working address there;
• if the respondent’s civil marriage was concluded in Abu Dhabi, even if they did not work or have an address there;
• if the respondent has chosen to live in Abu Dhabi or if the claimant has employment or a home in Abu Dhabi;
• if the child of a marriage is based in Abu Dhabi; or
• if the claimant is based in Abu Dhabi and the respondent’s location is unknown.

Domicile, Residence and Nationality

In general, the Court of First Instance (the lowest tier of court) has jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE (in accordance with Article 5 of Federal Law No 28/2005 on Personal Status, which is applicable until 15 April 2025 for Muslims). Domicile is defined as a place where an individual resides, and which the individual considers to be their long-term home. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes if they are living in the UAE and holding an appropriate resident visa.

The jurisdiction of the UAE courts is public policy, and, therefore, the trial courts have the discretion to review the facts of cases to establish whether they have jurisdiction. If none of the criteria to establish jurisdiction in the relevant personal status laws or the civil procedures laws are satisfied, a party may contest the maintainability of their case on jurisdictional grounds.

If there are proceedings ongoing in another country, such proceedings may not suspend those of the UAE courts as long as there is no final judgment from the foreign courts.

There are no separate jurisdictional grounds to commence financial proceedings in the UAE. The jurisdictional grounds for divorce mentioned in 1.2 Choice of Jurisdiction shall also apply for financial claims. 

Similar to divorce proceedings, if none of the criteria to establish jurisdiction in the relevant personal status laws or the civil procedures laws are satisfied, then a party may contest the maintainability of the case on jurisdictional grounds.

Also similar to divorce proceedings, if there are ongoing proceedings in another country, such proceedings cannot suspend UAE court proceedings as long as there is no final judgment from the foreign courts. If the UAE courts have jurisdiction on the dispute, then the courts will review the financial claims made on the basis of the facts and merits of the case, even if such claims were made after a foreign divorce.

There are no specific procedural rules, particularly for service of financial proceedings in the UAE. The rules governing civil procedures in the UAE also apply for financial proceedings. These rules are codified under Federal Decree-Law No 42/2022 on the Promulgation of the Civil Procedure Law. At the time of registration of the lawsuit, the applicant has to provide the contact details of the opposing party. Once the lawsuit is registered, the court informs the respondent.

Service is carried out by the court via email, SMS, phone, or delivery by a court clerk. If the respondent is unavailable, and in exceptional scenarios, the court may authorise advertisement in the newspaper or posting on the respondent’s door.

There is no concept of a property regime or division of assets in the UAE. Under UAE Law, title determines asset ownership. Accordingly, whether acquired before or during the marriage, each spouse would maintain their own assets after divorce if acquired in their name. However, if a spouse shows that they helped purchase a property, they would be entitled to seek their share of that property from the other party.

In accordance with Federal Decree-Law No 31/2023 Concerning Trust, the competent court, as described in civil procedures law, has jurisdiction in the UAE over matters regarding trust.

There is no mandatory disclosure process in the UAE. However, in accordance with Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi), disclosure is voluntary before the Abu Dhabi Civil Family Court.

The requesting party needs to apply for the court to investigate the assets of the other party with the relevant departments, banks, and other authorities to establish the other party’s financial position before the court, and to support their financial claims.

Article 63 of Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims) provides that a husband is obliged to cover maintenance expenses such as food, clothing, accommodation, medical treatment, domestic help, and all such amenities and conveniences necessary and suitable for a married couple. The above law protects a wife’s right to claim maintenance, particularly if she does not have the means to support herself. However, there are no current provisions under UAE law for a husband to claim spousal support from the wife.

Interim Maintenance Pending Divorce

Article 68 of Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims) provides that a wife can request temporary maintenance. There is also a provision for temporary maintenance under Federal Decree-Law No 41/2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects, in the Emirate of Abu Dhabi (applicable for non-Muslims in Abu Dhabi). The petition for temporary maintenance can be submitted by the wife before the urgent matters court. While deciding on the petition, this court may review the wife’s economic situation.

Further interim maintenance could be decided by the substantive court while the case is ongoing. In practice, a party may request this during proceedings before the substantive court.

Under Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), a wife is entitled to maintenance support during iddah, which could correspond to three menstrual cycles or three months, and could extend to the birth of a child if the wife is pregnant. The quantum of maintenance shall be subject to the husband’s financial ability, and should match the current situation. If the husband divorces the wife without her consent, the wife is entitled to compensation for up to one year of her maintenance expenses. Moreover, if, during the marriage, the husband has refused to support the wife, the wife can claim reimbursement of backdated expenses. Under Federal Law No 28/2005, the period for reclaiming expenses was up to three years, but new Federal Decree-Law No 41 of 2024 on Personal Status (applicable from 16 April 2025 for Muslims) changes it to two years.

This provision was not significantly amended by Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims).

Article 9 of Federal Decree-Law No 41 of 2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except for Abu Dhabi) provides that a woman can apply to the court for alimony from her husband upon divorce based on certain factors, such as the duration of the marriage, her age, the financial conditions of the couple, the extent of the husband’s contribution to the divorce, physical or moral harm caused to either party as a result of the divorce, financial damage incurred by either party due to the other party’s decision to divorce, the presence of children, and whether the wife wishes to raise them. The total amount of alimony and its frequency may vary depending on the facts of each case. This amount could be one lump sum payment or a monthly payment for a certain period of time, decided by the court.

Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects (applicable for non-Muslims in Abu Dhabi) provides for additional financial rights for women upon divorce. The court may consider the following standards to calculate the financial rights: i) a minimum of 25% of the last salary multiplied by the number of years in the marriage; ii) a percentage of the market value of the husband’s assets, including, and not limited to, real estate, shares and company stock, jointly-owned assets and the parties’ contribution in them. The court has the right to order the husband to make these payments in one lump sum or in instalments to ensure full settlement.

If a Muslim marries through an Islamic ceremony, they may have signed a marriage contract (nikah). This contract includes the provision of money or assets to the wife at the time of marriage, divorce, or the husband’s death, which is why it is sometimes compared to a prenuptial agreement. However, these are two different contracts, one being concluded before the marriage and the other at the time of the marriage.

A prenuptial agreement should be re-signed  after marriage and should not contain any clauses that would be in opposition to Sharia, public order, or morals in the UAE in order to ensure its enforceability in the UAE.

In the UAE, there is no concept of a prenuptial agreement. Where such agreements are drafted in other jurisdictions, they are unlikely to be enforced by the UAE courts, especially when the agreement is on matters related to children. They may be taken into consideration in the absence of an agreement on the conditions or controls of such alimony or other financial claims in the marriage contract, according to Article 9 of Federal Law 41 of 2022, which is applicable in all Emirates other than Abu Dhabi.

Article 13 of Federal Law No 5/1985 on Civil Transactions Law in the United Arab Emirates State provides that personal and financial issues, including divorce, shall be governed in accordance with the laws of the country where the parties were married. Therefore, theoretically, the court may consider the application of the laws of the country where the parties were married in accordance with Article 13 of Civil Transaction Law in determining the validity and subsequent enforceability of prenuptial agreements.

It is important to note that the courts have the discretionary powers to accept or reject any request in relation to the application of foreign laws based on the merits of individual cases. However, if any party is a dual national, the court may reject the application of foreign law in accordance with Article 24 of the Civil Transaction Law.

The UAE has implemented extensive legal structures for non-Muslim citizens and residents seeking civil marriages, as specified under Federal Decree-Law No 41/2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects, in the Emirate of Abu Dhabi (applicable for non-Muslims in Abu Dhabi).

Under these laws, spouses can agree on contract conditions, considering rights during marriage and post-divorce. It is not mandatory to submit a marriage or pre-nuptial agreement, but it is permissible to do so.

To ensure compliance with the terms of the pre-nuptial agreement, it is advisable that the parties enter into a post-nuptial agreement signed before the Family Guidance department that is located within the premises of the Family Courts. They may execute the agreement on any date after the marriage, even on the day following the marriage.

While cohabitation is legal in the UAE, the parties do not acquire rights against one another similar to those acquired by spouses in a marital relationship.

In the case of children resulting from cohabitation, and if paternity is established, child support can be claimed from the father.

In the UAE, after a judgement is obtained, the judgement creditor – ie, the party benefiting from the judgement, has to file an execution case before the execution court. Upon registration and acceptance of the execution case, the execution court notifies the respondent, who is the judgement debtor, to pay the sums mentioned in the execution case within a specific time, usually seven days from the date of receiving the execution case notification. If the respondent does not comply with the execution case notice, the execution applicant can submit petitions to the execution judge to enforce the judgement. The petitions can take the form of, among other things, requests to attach and transfer funds based on investigations via the central bank; investigations and attachment of the respondent’s file to block any transactions with departments such as the road transport authority, the Land Department, and the Department of Economics and Development; and requests for a travel ban against the respondent. In most cases, an arrest warrant could be issued against the respondent.

Federal Decree-Law No 42/2022 on the Promulgation of Civil Procedure Law lays down rules and regulations for enforcing foreign court orders or judgments in the UAE. Article 222 states that a petition must be submitted to the court by the party seeking an execution order for it to be enforced in the United Arab Emirates. When evaluating the application, the court will consider whether the foreign court that issued the order had the right to deliver it, and whether the UAE courts are the only courts with the power to hear the dispute. It will be confirmed whether the foreign court’s order was made in compliance with the laws of the nation in which it was issued and legally ratified. The UAE courts will consider whether or not all parties involved in the claim for which the foreign order was made were duly summoned to appear. Additionally, it must be confirmed that the foreign order has obtained res judicata status, does not contradict a prior ruling or order of the UAE court, and does not violate UAE morals or public order. The judge has five days from the date the petition was submitted to render a decision. According to the judge’s ruling, an appeal may also be made against the ruling. However, as long as the appellate courts do not decide to suspend enforcement, the filing of such an appeal by itself will not prevent enforcement.

The media can report on family cases for education purposes as long as confidential information regarding the parties is not disclosed and the court has not specifically ruled against the publication of the details of the judgement.        

The conditions of a settlement agreement may be agreed upon by the parties. This agreement must outline the terms of the financial arrangement, as well as any other terms and conditions that the parties have agreed upon as a result of the marriage and divorce, such as guardianship rights, custody rights, travel, relocation, expenses for the children, spousal alimony and property division.

In order to execute a mutual divorce settlement agreement with the family court, one of the parties must open a file with the Family Guidance department. The department schedules a hearing with one of its mediators. Since the purpose of this file with the department is to explore the possibility of a mutual divorce agreement, the parties may inform the mediator that they have agreed on certain terms for divorce settlement and that they would like to sign the agreement. Accordingly, the mediator may schedule another hearing where both parties may need to attend the hearing to sign the document. If the parties fail to reach an agreement, the department will issue a Non-Objection Certificate, which gives the parties the right to apply to the court for their claims, such as divorce, maintenance, custody, and visitation. Whereas Muslim couples mandatorily need to go through the family guidance department for divorce, for non-Muslims, divorce takes place during the first session upon registration of the lawsuit before the court, without the need to refer the case for family guidance. Non-Muslims still need to go through the family guidance process for other claims, such as maintenance.

If disputes arise once the agreement is signed, execution proceedings can be directly started pursuant to the agreement terms.

Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims) made it mandatory to submit any divorce, custody or maintenance claim to the Family Guidance Department. However, in accordance with Federal Decree-Law No 41 of 2024, effective from 16 April 2025, cases must be submitted to the court, which will then decide whether the case needs to go to family guidance. The new law may be applied to ongoing cases in the court that have not received a final order.

There are no separate jurisdictional grounds for commencement of proceedings applicable to children in the UAE. The jurisdictional grounds for divorce mentioned in 1.2 Choice of Jurisdiction will also apply. The concept of domicile explained in 1.2 Choice of Jurisdiction also applies for children.

In accordance with Federal Law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims), when family disputes arise, the mother has custody of the children. Custody is taken to mean to keep a child safe, provide care, and manage daily needs. However, the right to manage a child’s affairs, such as education and travel, is granted to the guardian of the child. Custody is the physical safekeeping of the child (“physical” custody) whereas a guardianship is the legal or moral custody of the child. Previously, Article 148 of Federal law No 28 of 2005 stated that the responsibility for the health, property and education of a child must fall on the child’s father.

The law was amended in October 2023 to grant responsibility for a child’s education (educational guardianship) to the mother, considering this to be is in the child’s best interests. If disagreements arise about what is best for the child, the parents can approach the Urgent Matters judge, who will decide after considering the guardian’s financial situation (while preserving the educational guardianship of the mother).

Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims) considers that the mother is the natural custodian of the child or children. When there are no circumstances affecting the interests of the child, the father can only claim custody from the mother when a boy turns 11 years old and a girl turns 13. The courts generally always consider the best interests of the child in custody matters. If the mother is considered the custodian, which happens in most cases, then she can claim child support.

In accordance with new Federal Decree Law No 41 of 2024, which is effective from 16 April 2025 and will replace Federal law No 28 of 2005 on Personal Status, the custody age now ends at 18, regardless of the child’s gender, and the child has the right to choose between the parents at the age of 15, subject to the child’s best interests.

Federal Decree Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (applicable for non-Muslims in Abu Dhabi) provide for custody to be shared between the parents, with Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) providing for joint custody until the age of 18 and Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi) providing joint custody until the age of 16. However, joint custody can be reconsidered if one parent poses a threat to the child or fails to fulfil their custodial duties. In such cases, the court can modify custody arrangements, always prioritising the child’s best interests. When parents disagree on custody matters, either one can submit an application to the court for resolution, ensuring that the child’s best interests are the primary consideration. Either parent may request removal of the other from the joint custody arrangement, temporarily or permanently, for reasons such as risk of the child/children in custody being exposed to domestic violence or abuse, unsatisfactory living conditions provided by the joint custodian to the child/children, the joint custodian having behavioural or psychological problems that would cause harm or expose a child to risk or neglect, commission of a crime by the joint custodian, preventing them from carrying out their duties or resulting in them posing a threat to the child in custody; abuse of drugs, alcohol, or any psychotropic substances; other health reasons preventing the joint custodian from carrying out their duties towards the child in their custody, or any other reasons determined by the competent court. It is important to note that, in custody matters, the court maintains discretionary power to make a decision on the basis of natural justice and best practice in personal status matters internationally.

The non-custodial parent may request visitation to meet with the child in custody with the other parent. The age of the child and the child’s best interests must be the primary factors determining the visitation rights to be granted to the non-custodial parent. Visits could correspond to online as well as physical meetings. The visitation schedule, such as the number of hours in a day and the number of days per week, is decided by the court based on the child’s age, best interests, and the facts of the case. Moreover, based on these factors, the court could also decide on whether the non-custodial parent may be allowed to accompany the child on trips away from the custodian parent, and stay overnight with the child.

At the beginning of 2021, Dubai Decision No 3 of 2021 set down visitation rights for non-custodial parents. However, this decision was issued for guidance purposes, and was not mandatory, and also only concerned the Emirate of Dubai.

As per Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims), the father has to financially support a son until he finishes his education and must support a daughter until she is married.

New Federal Decree Law No 41 of 2024, which is effective from 16 April 2025 and will replace Federal law No 28 of 2005 on Personal Status, provides that a daughter must be supported by her father until she marries or begins working.

Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims) provides that fathers must support their children after divorce; this support includes all aspects of maintenance, such as education, accommodation and healthcare. Maintenance is decided by the court, taking into account the financial capacity of the father and the needs and requirements of the children. The court has discretionary power to estimate the support due from the father to the children. Dubai Decision No 3 of 2021 sets down the maintenance amount. However, this decision was issued for guidance purposes, and was not mandatory, and also only concerned the Emirate of Dubai.

Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except for Abu Dhabi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (applicable for non-Muslims in Abu Dhabi), provide for equal treatment of spouses, who are granted joint-custody rights. The court may increase or reduce maintenance amounts based on a court expert’s report concerning the financial situation of the parties to ensure a decent living for the children. Moreover, the court may completely or partially exempt the father from paying an accommodation allowance if the mother is financially able to provide decent accommodation for the children during the joint-custody period. The evaluation of the parties’ economic situations is subject to the discretion of the court.

The child support order will be in place while the custodial parent has the child in their custody. Either party may approach the court to increase or reduce the child support order based on new circumstances. The child can personally claim child support payments after the age of eighteen in the Emirate of Dubai; in other Emirates, this age increases to 21 at the time of publication of this piece (February 2025).

In accordance with Federal law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Muslims), the education guardianship of children shall be with the mother, but if the father considers that the best interests of the child are being compromised, he may approach the court to review the issue. A decision will be made on any dispute between the parents regarding the child’s schooling. This law provides the father with the right to make decisions regarding the child’s health and property. Likewise, if the mother believes that the child’s best interests are being compromised, she may seek the court’s intervention. If the mother wishes to travel with the child on a short trip but the father refuses to provide consent, the mother will have the right to raise a request with the family court for permission to travel with the child. The court will issue a decision based on the best interests of the child.

New Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims) that replaces Federal law No 28 of 2005 on Personal Status provides that both the mother and the father have the right to travel alone with the child on one or more occasions per year, provided that the total travel period does not exceed 60 days for either parent. The parents may travel after providing a proper guarantee to the other parent and that, if the latter objects, they will seek a decision from the court. The law gives both parents the right to request an extension of the 60-day period if it is in the best interests of the child, or in cases where medical treatment is required, or for any other reason accepted by the court.

Federal Decree-Law No 41 of 2022 (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi (applicable for non-Muslims in Abu Dhabi) give joint custody to the parents. Therefore, if the parents do not agree over any of the joint custody matters, either of them has the right to submit a request to the competent court to intervene and decide upon the disputed issue. The court will have the discretion to decide on these matters based on the best interests of the child and will endeavour, as far as possible, to maintain the stability of the child’s education and sports life.

Within the joint custody period, if the joint custodian is unable to travel alone with the child because the other parent has refused to provide their consent, then the requesting parent may approach the court for a decision on this matter. The request will be subject to the court’s discretion.

UAE laws prohibit parental alienation or the distancing of the children from one parent. Federal Law No 3/2016 on Child’s Rights (also known as Wadeema’s Law) provides that the child shall have the right to meet with their parents and maintain direct contact with them. If one parent has sole custody of the child, and if they breach the non-custodial parent’s visitation rights, then the execution judge has the discretion to enforce these rights by ordering penalties/a fine or detention. The judge may also prepare a report indicating the number of times the custodian has breached the visitation contract, with the time and date of each breach. This report could be used by the other parent to claim custody at a later stage.

The testimony of children is not directly heard by the judge. The court may appoint a social worker to meet with the children and prepare a report for the court’s review and consideration.

Please see 2.9 Alternative Dispute Resolution.

Please see 2.8 Media Access and Transparency.The media may publish content for educational purposes as long as confidential information regarding the parties is not disclosed and the court has not specifically ruled against the publication of the details of the judgement.