Divorce is by no means an easy decision. It is therefore imperative that you seek specialist legal advice from a family lawyer so that, prior to commencing divorce proceedings, you are fully informed of your legal rights, your obligations and the potential implications of any action.
We are able to assist you in understanding the various issues arising in family law, enabling you to make a fully informed decision as to how you wish to proceed.
We advice on :
- Jurisdictions issues where spouses are of different nationalities.
- Choice of applicable Law.
- Your rights and obligations under the current UAE Family Law.
- Legal matters concerning children.
- Financial matters including assets and property and division of the same.
Once you have obtained the appropriate legal advice and decide to commence divorce proceedings, we are able to guide you through the process. The applicable steps will vary depending on whether you are Muslim or non-Muslim, and on whether the divorce is agreed between you and your spouse.
What are the differences between Muslim and non-Muslim divorce procedures ?
The following tables is a brief distinction of both :
| Subject Area | Muslim Divorce | Non-Muslim Divorce |
| Governing law | Federal Decree-Law No. 41 of 2024 (Personal Status Law) | Federal Decree-Law No. 41 of 2022 (Civil Personal Status Law) |
| Legal basis | Sharia principles + UAE Personal Status Law | Civil / no-fault framework |
| Applicable parties | Muslims; also, often applies where husband is Muslim and wife is non-Muslim | Non-Muslim UAE residents/expats |
| Need to prove fault/harm? | Often yes in judicial divorce claims (harm, abandonment, non-maintenance, etc.) | No-fault divorce available |
| Types of divorce | Talaq, Khula, judicial divorce, mutual divorce | Civil unilateral or joint divorce |
| Waiting period (iddah) | Applicable under Sharia | Not applicable in civil divorce |
| Religious concepts involved | Mahr, talaq, khula, iddah, nafaqa | Civil financial settlement principles |
| Custody approach | Sharia-influenced principles | Greater emphasis on joint custody/equality |
| Need for Mediation / Family Guidance | Mandatory | No longer required |
Can you get divorced in the Dubai ?
Yes, divorce proceedings can generally be commenced by UAE nationals and expatriates, regardless of religion, provided there is a sufficient connection to the UAE. The UAE Courts will accept jurisdiction for divorce where one or both spouses are resident in the UAE, work in the UAE or are domiciled in the UAE. Therefore, if you wish to Divorce in Dubai, at least one of the parties must live or work in Dubai.
Types of Divorce in the UAE
Muslim Divorce (Sharia-based)
- Talaq – A husband may divorce his wife by verbally pronouncing the divorce in presence of a witness or through a document declaration. He may also appoint another person to pronounce the divorce on his behalf, provided that the person holds an official power of attorney.
- Khula – This is a form of marital dissolution initiated by the wife and accepted by the husband, in exchange for compensation paid by the wife or another person. It constitutes and irrevocable divorce. In cases of Khula, any agreement to waive the rights of children, including maintenance and custody, is not legally permissible.
- Judicial divorce (Tafreeq) – Either Spouse may apply to the Court for a divorce where the separation is not in effect through mutual declaration and where legal grounds for divorce exist. For the divorce to be official, valid and legally recognized, it must be registered with the Court.
- Mutual Divorce – Where both spouses agree to divorce and can agree the arrangements arising from the separation, a case can be filed for a mutual divorce and is significantly quicker and less contentious than contested proceedings. The process involves opening a file with the Family Guidance Committee, attending a reconciliation or mediation session, submitting a Settlement Agreement and ratification of the Agreement by the Court with issuance of the divorce judgment/certificate.
Non-Muslim Divorce
- Civil divorce under UAE Personal Status Law – Under this framework, either spouse may file for divorce in accordance with the laws of their country of origin or, upon the request of either party, have the proceedings governed by UAE family law.
- No-fault divorce option – Either spouse may apply for divorce using the prescribed form without the need to prove harm or fault. The Court will issue the divorce Certificate after notifying the other party.
- Mutually Consenting Divorce – is one of the quickest and most cost-effective ways to formally dissolve a marriage in the UAE and the process is similar to that for a Muslim Mutual Divorce save that non-Muslims are no longer required to attend a mediation / reconciliation session.
When can foreign Law be applied ?
Foreign Law can be applied where one or both parties are foreign nationals; and one of the parties specifically requests that their national Law be applied. In practice, foreign Laws are often not sought to be applied as the party seeking reliance upon the foreign Law will need to expressly plead reliance on the foreign Law and provide copies of the relevant legislation with certified Arabic translations, which will need to be attested and can prove to be very expensive. Further, there is also the consideration that the UAE Court may refuse to apply foreign Law where it conflicts with UAE public policy, morality or Sharia principles which is unacceptable under UAE law.
What documents are required for commencing a divorce ?
When making an application for a Divorce, irrespective of the type of divorce, you can attend the Al Adheed Centre (various ones in Dubai) to commence the divorce proceedings. You will require the following documents :
– Attested Marriage Certificate
– Copies of both spouses Passports, Emirates IDs and Visas
– Copies of the children’s Birth Certificates, Passports, Emirates IDs and Visas
– Any Agreement you have with your spouse, however, not necessary at this stage
– Payment of the the application fee.
How much does a divorce cost in Dubai ?
Court fees – between AED 200 and AED 2,000 depending on the type of case
Lawyer’s fees for an amicable divorce – between AED 12,000 and AED 25,000 depending on whether there are matters such as children and finances to be included.
Lawyer’s fees for a contested divorce – between AED 30,000 and AED 100,000 depending on whether there are matters such as children and finances to be included.
There may also be additional fees for attesting / translating documents for use at the Court.
Is a divorce pronounced in Dubai recognised abroad ?
Yes, most countries will recognise a divorce pronounced in Dubai provided that the Dubai Court had proper jurisdiction, both parties had notice of the proceedings, the proper judicial process was followed and recognition would not offend the public policy of the foreign Country.
Tips Before Filing for Divorce in Dubai
- Seek legal advice early from a specialist Family Lawyer
- Consider the implications of the chosen law
- Understand financial rights and obligations
- Consider the needs of any children
- Prepare documents in advance
- If matters cannot be agreed, consider Mediation
The above is a general overview however, the advice and process will differ depending on your individual circumstances including whether there are agreements on certain matters or whether matters are contested.
For specific advice in relation to Divorce in the UAE or any other Family matters, please contact our family law department on [email protected] or Dee Popat on [email protected]
FAQs
You can file for divorce in Dubai if either spouse lives or works in the UAE. The process depends on whether you are Muslim or non-Muslim and whether the divorce is contested or mutually agreed.
Yes. Indian citizens residing in the UAE can file for divorce through the UAE Courts under the non-Muslim personal status framework, and may also request the application of Indian law in certain cases.
Court fees generally range from AED 200 to AED 2,000. Legal fees vary depending on whether the divorce is amicable or contested and whether there are issues involving children or finances.
Yes. Expats can obtain a divorce in the UAE provided the UAE Courts have jurisdiction, such as where one or both spouses reside or work in the UAE.
Mediation is generally mandatory for Muslim divorce proceedings, but it is no longer required for non-Muslim civil divorces under the UAE Civil Personal Status Law.
