Non-Muslim Divorce in the UAE: Understanding UAE Divorce Law
Family law in the UAE has been substantially reformed in recent years. There is a modernising, forward-thinking approach and a clear recognition of the substantial number of non-Muslim expatriates who have made the UAE their home.
The key pieces of legislation in respect of marriage and divorce that have accelerated the reform are, notably:
- Federal Decree-Law No. 41/2022 on civil personal status for non-Muslims (applying across the whole of the UAE) as amended by the Federal Decree-Law No. 41/2024;
- Abu Dhabi Law No. 14/2021 (“Law No. 14/2021”) on personal status for non-Muslim foreigners; and
- Resolution No. 8 of 2022 concerning the Marriage and Civil Divorce Procedures.
The Emirate of Abu Dhabi has, to some extent, led the charge in respect of reform. The new law has evolved to support expatriates living in the UAE with its aim to enhance the global position of the UAE as a destination for talent and to support and boost the economy.
The reforms have more closely aligned family law in the UAE to Western ways of life with a real revolution in respect of family structures. This also includes changes to the criminal law. The new Penal Code, Federal Law No. 31/2021, essentially decriminalised the cohabitation of unmarried couples – previously this was punishable by a custodial sentence. Another revolutionary piece of legislation is the Federal Decree-Law No. 13/2024 on the Protection From Domestic Violence.
Background to UAE Divorce Law Reforms for Non-Muslim Couples
Previously the Federal Law No. 28 of 2005 on personal status applied across the UAE and pursuant to article 1(2): “In understanding, interpreting or construing the legislative provisions of this Law, the principles and rules of the Muslim doctrine shall be consulted”. Sharia-led principles therefore applied when dealing with personal status matters and this was recognised as a potential factor that would deter expatriates from settling in the UAE. It is of note that this Law has now been repealed by virtue of Article 4 of the Federal Decree by Law No. 41 of 2024 on personal status which is due to come into force in April 2025. This has a wide scope and applies to UAE citizens and residents in different ways (for example, non-Muslim residents can choose to apply their own religious law or the law of their home country). Some of the provisions of this law interrelate with aspects of the divorce process for non-Muslim residents as highlighted below.
Abu Dhabi was the first Emirate to revolutionise and modernise the law for non-Muslim residents with Law No. 14/2021 which became effective from November 2021, and also with the establishment of the non-Muslim Family Court in December 2021. The President of the UAE then issued Federal Decree-Law No. 41/2022 on 3 October 2022 which came into effect on 1 February 2023 and applies across all seven emirates of the UAE. Essentially, a new regime has been introduced which applies to non-Muslims living in the UAE (and which brings with it security and reassurance for those individuals) whilst not impacting the family laws applicable to Muslims in the UAE.
The main provisions of the new law relate to civil marriage, divorce, child custody and inheritance – these are the key elements of family law although we will focus on the divorce process in this article. To put into perspective the impact of the new law, since the Law No 14/2021 was introduced, over 26,000 civil marriages have been recorded and the court has received 590 divorce requests1 (reported as at September 2024).
UAE’s Federal Decree-Law No. 41/2022 as amended by Decree-Law No. 41/2024
Pursuant to Article 1(1) of Federal Decree-Law No. 41/2022, the provisions of the decree-law apply to non-Muslims who are citizens of the UAE and non-Muslim foreigners residing in the UAE unless ‘any of them insists on the application of their law, with regard to the articles of marriage divorce, inheritance, wills and proof of parentage’ – this is a crucial provision that allows foreigners the option to choose their marriage law (or their country’s law to apply) – again a reassuring and forward-thinking approach.
No-Fault Divorce in the UAE
Similar to the fundamental change introduced in England and Wales in 2022 by the Divorce, Dissolution and Separation Act 2020, no fault divorce is available for non-Muslims in the UAE. The significant changes introduced by the Federal Decree-Law No. 41/2022 are set out in Articles 7 – 9 and closely align the divorce process with that in England.
Article 7 sets out the provisions for divorce by unilateral wish (essentially no-fault divorce), and Article 8 details the procedure which sets out that either spouse can apply for a divorce (without the need to prove damage etc).
Financial Arrangements Under UAE Divorce Law: Alimony and Compensation for Non-Muslim Spouses
A divorcee’s alimony is dealt with in Article 9 of the Federal Decree-Law No.41/2022– importantly this refers only to women and not men. It allows a divorced woman to apply for alimony (after the issue of a divorce judgment) from her ex-husband. In the absence of an agreement, Article 9 sets out the factors to be considered (under the court’s discretion) as to the appropriate award of alimony.
The factors set out include: the length of marriage (a longer marriage will generally give rise to larger sums of alimony), the wife’s age and, importantly, the financial circumstances of each spouse set out in an expert accountant’s report (who is delegated to by the court to assess the economic position of each of the parties).
Interestingly, and again in contrast to the approach in England and Wales, other factors that can be taken into consideration include ‘compensation of either of the married couple to the other for any physical or moral harm caused as a result of the divorce’ (Article 9(5)) and any ‘financial damage incurred by either of the married couple’ as a result of the application for divorce (Article 9(6)). These factors are relevant to the parties’ conduct throughout the marriage and on divorce. This is in contrast to the approach in England and Wales where conduct is only taken into consideration in the most serious of situations where it will have a direct financial impact – in practice it is rare for conduct to be considered relevant to the financial resolution in England.
Article 9(9) sets out that alimony is subject to an ongoing review and that the wife has the ability to apply to amend the level of alimony on a yearly basis (in accordance with changing circumstances). In England, maintenance is always capable of variation but such variations would not ordinarily take place annually or on a regular basis.
Child Custody & Maintenance: Understanding Post-Divorce Procedure in Dubai and the UAE
For non-Muslim spouses under Article 4(4) and 10 of the Law 41/2022 both parents share joint and equal custody after a divorce, and both have an equal responsibility to care and provide for the children as their circumstances allow. It is possible for one spouse to apply for sole custody and the judge has the discretionary power do determine this. The new Federal Decree-Law No. 41 of 2024 specifies, under Article 122, that if the child has reached the age of 15 years, they will have the right to choose which parent to reside with (unless interests require otherwise). Parental custody also now ends when the child reaches 18 years. The ability of the child to choose which parent to reside with from the age of 15 years may be an important element in respect of divorce proceedings.
In respect of child maintenance, under Article 9(7) of Federal Decree Law No. 41/2022 payment must be made by the father for the costs and expenses of a mother’s custody of the children for a temporary period of time not exceeding two years (in accordance with the finding of the accounting expert’s report).
International Recognition: How the English Courts View Divorce in the UAE
The English Court has always recognised and respected divorce proceedings which have taken place in the UAE. In Lachaux v Lachaux [2017] EWHC 385 (decided under Federal Law No. 28 of 2005), Mr Justice Mostyn said the ground for divorce in the UAE was entirely consistent with public policy in England and Wales (and recognised the Dubai divorce as being valid), despite the 2005 law being by reference to Sharia principles which were unfamiliar to the expatriates living there. However, due to the previous reference to Sharia principles, the courts of England and Wales were often the preferred choice, particularly for women, who were seeking a divorce and related financial remedies in accordance with English law principles for division of capital assets and provision of spousal and child maintenance.
One of the biggest changes in the overall reform of UAE family law is the establishment of the non-Muslim family court in Abu Dhabi which has received positive comments and endorsement from the English Court. His Honour Judge Hess in the case of SA v FA [2022] EWFC 115 held that the divorce and financial claims of the parties should be decided in the new non-Muslim family court in Abu Dhabi rather than England. He considered Abu Dhabi as the appropriate forum, where the parties were living (and had lived for 14 years) and where the children were at school. This was the decision notwithstanding the wife had applied to the English Court for a divorce and related financial remedies and her application was first in time. This case was a key development in the future of jurisdiction disputes between the English Court and the UAE and is likely to place limitations on the ability of either party to secure England as the jurisdiction for divorce and related financial disputes, and/or the ability of either party to apply for further financial provision under Part III of the Matrimonial and Family Proceedings Act 1984 after a divorce has taken place in the UAE.
Conclusion: Enhancing Divorce Law in the UAE
There has been a positive international response to the UAE family law reforms of recent years and to the establishment of the non-Muslim family court. The divorce procedure is codified and clear and allows for no fault divorce. The non-Muslim family court represents a significant development in the region’s legal landscape. In summary, the key advantages are:
Cultural Sensitivity
The court caters specifically to the non-Muslim population, acknowledging the diverse cultural and religious background of expatriates living in the UAE. This sensitivity to cultural differences is crucial in family law matters, which are deeply personal and intertwined with cultural norms and values.
Legal Certainty
By providing a legal framework tailored for non-Muslims, the court offers greater certainty and clarity on how family law matters will be adjudicated, which can differ significantly from the principles of Sharia law that traditionally underpin the UAE's legal system.
Specialised Jurisdiction
The court has jurisdiction over family law matters such as marriage, divorce, child custody, and inheritance. This focus allows for a specialist approach to non-Muslim family law issues.
Alignment with International Practices
The non-Muslim family court is seen as a step towards aligning the UAE's legal system with international legal practices, making it more familiar and potentially more comfortable for expatriates who may be accustomed to Western legal systems.
Attracting Foreign Talent
By accommodating the legal needs of non-Muslim residents, the UAE enhances its attractiveness as a destination for international talent and investment. Expatriates may feel more secure knowing that there is a legal system that respects their personal status laws.
Efficiency and Expertise
The court is expected to operate with efficiency and expertise, with judges who are knowledgeable about specific legal needs and issues pertinent to non-Muslim families
Positive Impact on Business
A legal system that is perceived as fair and equitable can have a positive impact on the business environment, as it contributes to overall stability and confidence among foreign investors and professional
Innovation in Law
The establishment of the non-Muslim family court is an innovative approach to legal pluralism, reflecting the UAE’s commitment to modernising its legal system and providing services that meet the needs of its diverse population.
Overall, the non-Muslim family court in the UAE is a progressive initiative that acknowledges the country's international demographic and aims to provide a legal framework that is respectful, efficient, and attuned to the needs of its non-Muslim residents.
This article was drafted in November 2024 and reflects the law at that date with reference to the new Federal Decree law no. 41 of 2024 coming into force in April 2025.
1 The Abu Dhabi Civil Family Court has conducted 26,000 civil marriages between individuals of various nationalities
