UAE Law and Practice Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
1. Divorce 1.1 Grounds, Timeline, Service and Process Grounds for Divorce Matters of personal status in the UAE are governed by Federal Decree-Law No. 41 of 2024 on the Issu ‑ ance of the Personal Status Law, which regulates per ‑ sonal 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-Mus ‑ lims in the UAE except Abu Dhabi; and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects, 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 rec ‑ ognised in the UAE. According to Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, 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 wait ‑ ing period, iddah , which lasts approximately three months, to determine whether 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 iddah also pro ‑ vides an opportunity for both parties to reconsider their decision about divorce. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, introduced on 1 February 2023, follows the provisions of previously enacted Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects. 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 Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, 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. If the parties reach an agreement on mutual divorce, then a settlement agreement can be certi ‑ fied at this stage. This agreement is then annexed to the divorce judgment. For a mutual divorce, the first step in the process includes an application to be filed before the Family Guidance committee of the respec ‑ tive Emirate where the parties are residing. Fam ‑ ily 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 facilitates the steps for signing the terms of the settlement agreement, which finalises the divorce. If either party does not agree to enter into a mutual divorce, then they may request that the Family Guid ‑ ance department provide them with a referral letter in order to approach the family court. In accordance with Federal Decree-Law No. 41 of 2024, before presenting the case to the competent court, the supervising judge may issue a decision to refer the parties to the case to the Family Guidance and Reconciliation Centre to resolve their dispute through amicable means if deemed beneficial. Dubai Law No. 18/2021 on the Regulation of Concili ‑ ation Work in the Emirate of Dubai, as amended by Dubai Law No. 9 of 2025, provides under Article 5/a that reconciliation shall be proposed in personal sta ‑ tus disputes and further provides under Article 28/a that no claim or dispute that is required to undergo reconciliation may be registered before the courts unless it has first been submitted to the Family Rec ‑ onciliation and Guidance Committee. Dubai Law No.
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