Divorce in the UAE operates under a structured legal system designed to protect both spouses and safeguard the rights of children. Whether you are a Muslim couple living under the UAE Personal Status Law or an expatriate couple applying your home country law, understanding the divorce procedure in the UAE is essential before taking any legal step.
Table of Contents
This detailed guide explains every stage of the divorce procedure in the UAE, including court mediation, filing requirements, financial rights, child custody rules, and the legal pathways available to foreigners. The information provided here is designed to help you make informed decisions while highlighting how the legal team at Dewey and LeBoeuf can guide and protect you throughout the entire process.
Who Can File for Divorce in the UAE
You can file for divorce in the UAE if:
- You are a resident of the UAE.
- You are married in the UAE or abroad with a legally registered marriage certificate.
- You are a Muslim couple or a non Muslim couple.
- You are an expatriate couple who wants to apply either UAE law or your home country law.
UAE courts allow both residents and foreign nationals to access the divorce system without the need for long waiting periods.
Types of Divorce in the UAE
Muslim Marriages Under UAE Personal Status Law
Muslim marriages in the UAE are governed by Federal Law No. 28 of 2005, also known as Personal Status Law. Both husband and wife can request separation through:
- Mutual divorce through settlement
- Divorce filed by the husband
- Divorce filed by the wife (Khula or court petition)
- Separation due to harm or non-cooperation
Non Muslim and Expatriate Marriages
Non Muslim expatriates can:
- Apply their own home country law
- Apply UAE Personal Status Law if preferred
- Use new UAE civil law procedures available for non Muslims
This flexibility allows you to choose the most favorable legal pathway based on rights, maintenance, custody, or religious preferences.
Step-by-Step Divorce Procedure in the UAE
1. Filing the Divorce Application at the Family Guidance Department
Every divorce case in the UAE starts at the Family Guidance Department. Either spouse can submit a request along with:
- Passport copies
- Emirates ID copies
- Marriage certificate
- Brief statement of the dispute
A family counselor will contact both parties and schedule a mediation session.
2. Mandatory Mediation Session
Mediation is a compulsory step before going to court. The aim is to explore settlement options regarding:
- Divorce
- Custody
- Financial rights
- Post divorce support
- Joint property
If both parties agree, the counselor prepares a legal settlement. If they do not, a referral letter is issued for court litigation.
Mediation usually lasts one or two sessions. It is confidential and no decisions are imposed.
3. Filing the Case in the Personal Status Court
If mediation fails, the case moves to the Personal Status Court. Here you will need:
- Referral letter from Family Guidance
- Detailed claim petition
- Evidence related to the marriage or the dispute
- Legal representation
At this stage, it is essential to have a qualified UAE lawyer since all submissions, pleadings, and court arguments must follow strict legal procedure.
4. Submitting Evidence and Legal Documents
Depending on the nature of the divorce, evidence may include:
- Messages or emails showing separation or harm
- Financial records
- Witness testimony
- Medical or psychological reports
- Proof of non support
Your lawyer will compile, translate, and notarize documents as required.
5. Court Hearings
Divorce cases usually involve multiple hearings where the judge examines:
- Whether reconciliation is possible
- Grounds for divorce
- Rights of children
- Financial claims of the spouses
Judges may request further reports or appoint experts for child custody assessments if needed.
6. Final Judgment
Once the judge is satisfied with all evidence and pleadings, a divorce judgment is issued. The judgment will outline:
- Divorce confirmation
- Custody and visitation order
- Child support payments
- Spousal maintenance
- Division of assets and financial obligations
Either party may appeal within the legally allowed period.
7. Execution of Judgment
After the judgment becomes final, the court execution department ensures:
- Payment of support
- Transfer of assets
- Implementation of custody rules
This stage is important if one party delays or refuses to comply.
Divorce Options for Women in UAE
Women can file for divorce based on several grounds:
- Divorce due to harm
- Divorce due to lack of financial support
- Divorce due to abuse or mistreatment
- Separation due to long absence
- Khula divorce where the wife pays compensation to the husband
Khula is a voluntary settlement, and many women choose it for a quicker procedure.
Child Custody Rules in UAE
Child custody in the UAE prioritizes the best interest of the child. The court examines:
- Age of the child
- Stability of the home environment
- Financial ability
- Emotional care and welfare
- Behavior and conduct of each parent
Generally:
- Mothers are preferred for custody of young children
- Fathers are usually responsible for financial support
- Visitation rights are granted to the non custodial parent
Custody is not automatic. The judge always considers the overall safety and development of the child.
Financial Rights After Divorce in UAE
For the Wife
The wife may be entitled to:
- Post divorce maintenance
- Compensation for moral or material harm
- Delayed dowry
- Support during waiting period
- Custody housing allowance
- Child support
For the Husband
The husband may request:
- Custody in specific conditions
- Exemption from maintenance if the wife is at fault
- Settlement of jointly held assets
Each case is different, so the legal strategy chosen makes a significant impact on final outcomes.
Divorce for Expats in the UAE
Expatriates can divorce in the UAE courts even if they were married abroad. They may choose:
- UAE law
- Their home country law
- UAE civil law for non Muslims
Most couples choose the law that provides more favorable custody or financial terms. A legal consultation helps determine which law gives the best outcome.
How Long Does Divorce Take in the UAE
The timeline depends on:
- Cooperation between spouses
- Complexity of financial claims
- Disputes over children
- Evidence submissions
- Appeal stages
Average estimate:
- Amicable divorce: 1 to 2 months
- Contested divorce: 4 to 12 months or more
Why Legal Representation Matters
Divorce in the UAE is legal, emotional, and procedural. Missing documents or weak arguments can cause delays or unfavorable results. A lawyer ensures:
- Proper preparation of court petitions
- Strong evidence presentation
- Protection of your financial and parental rights
- Support during hearings and negotiations
- Choice of the law that gives you maximum benefit
Frequently Asked Questions
Can expats file for a Divorce Procedure in the UAE?
Yes. Expat couples can file for divorce in the UAE even if they were married abroad.
Can I apply my home country law instead of UAE law?
Yes. Non Muslim expatriates may choose the law of their home country for divorce proceedings.
Do both spouses have to be present during the case?
Not always. Lawyers can represent you, and courts allow remote attendance in some cases.
Who gets child custody in the UAE?
Custody depends on the best interest of the child. Mothers usually get custody for young children, but every case is judged individually.
Can a wife file for divorce in the UAE?
Yes. Women can file based on harm, lack of support, abuse, or through Khula.
Why Choose Dewey and LeBoeuf for Your Divorce Case
Dewey and LeBoeuf provides full legal support for divorce cases across all Emirates. Our team ensures:
- Strategic planning tailored to your nationality and marriage background
- Strong representation in mediation and court
- Protection of your parental rights and financial interests
- Clear communication and confidential handling of your case
- Guidance through UAE personal status law, civil law, and foreign law options
We work closely with clients to secure the best possible outcome with minimum stress and maximum protection.
Contact our UAE family law team to begin your divorce process with complete legal clarity and confidence.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE