UAE Divorce Procedure for Expats 2025: Steps, Rights & Court Process

The applicable law depends on your religion and personal choice:

• Muslims (all nationalities): UAE Personal Status Law (Federal Law No. 28 of 2005) applies
• Non-Muslims: Can apply UAE law or their home country's law (if properly proven to the court)
• Since 2023: Non-Muslims can register under UAE civil personal status courts for a civil, equal-division divorce
• If no foreign law is proven, UAE Personal Status Law applies by default
• Sharia courts handle Muslim divorces; Civil Personal Status Courts handle non-Muslim cases

UAE law recognises several grounds for divorce:

• Mutual consent — both parties agree to divorce (most common and fastest)
• Husband's unilateral divorce (Talaq) — for Muslim couples under UAE law
• Wife-initiated divorce (Khul) — wife returns dowry in exchange for divorce
• Judicial divorce — court-ordered based on harm, absence, imprisonment, or non-maintenance
• Non-Muslims: irreconcilable differences, mutual consent, or grounds under home country law

The court process typically follows these steps:

Key rules on custody and assets:

• Mothers generally receive physical custody of young children (boys to age 11, girls to age 13 under UAE law)
• Fathers retain legal guardianship regardless of physical custody outcome
• Courts can adjust custody based on the best interests of the child
• Jointly owned property is divided by court order — keep all ownership documents
• Maintenance (Nafaqa) for wife and children is ordered by the court against the husband
• Non-Muslims under civil personal status courts: assets split 50/50 by default