UAE Law and Practice Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Other Processes (Annulment, Judicial Separation) The UAE does not have any concept of judicial sepa ‑ ration. Either party may file a case before the competent fam ‑ ily court (without going to the Family Guidance depart ‑ ment) to request that the court annul the marriage. The court may enquire into various matters before issuing a decision on the validity of the marriage – eg, whether the marriage was valid in the law of the place where it was concluded, or whether it goes against public policy. If the court finds that the marriage between the parties is invalid, it may proceed with an annulment. 1.2 Choice of Jurisdiction in Divorce Proceedings Jurisdictional Grounds Civil partnership and same-sex marriages are not rec ‑ ognised in the UAE. In accordance with Article 3 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law, the UAE courts shall have jurisdiction on family matters where the defendant is either a citizen or a resident of the UAE. Even if the respondent is not a UAE resident, the UAE courts could have jurisdiction in accordance with Article 4 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law when the scenario concerns: • a marriage (or opposition thereto) to be carried out the state; • divorce from a husband who is or was domiciled in the UAE; • children’s or wives’ expenses if they are domiciled in or their workplace is in the UAE; • guardianship of a UAE-domiciled child; • a family dispute against someone who has no known domicile or residence; • more than one respondent, one of whom is UAE- domiciled; or • a respondent choosing to define the UAE as their domicile. According to Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects and Executive Regulation No. 8 of 2022 (applicable for non-Muslims in Abu Dhabi), Abu Dhabi courts shall have jurisdiction:
18 of 2021 and its amendments are only applicable in the Emirate of Dubai. Expatriates and citizens subject to 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 the option to file for divorce by unilateral decision. A no-fault divorce could be granted to either party at the first court hearing without having to give any reason for the divorce. Rules for Service of Divorce Proceedings There are no specific procedural rules, particularly for the service of divorce proceedings in the UAE. The rules governing civil procedures in the UAE are also applicable for divorce proceedings. These rules are codified under Federal Decree-Law No. 42 of 2022 on the Promulgation of Civil Procedure Law. At the time of registration of the lawsuit, the applicant has to provide the contact details of the opposing party. Once the lawsuit is registered, the court notifies the respondent. Service is carried out by the court via email, SMS, phone, or delivery by a court clerk. If the respond ‑ ent is unavailable, and in exceptional scenarios, the court may authorise advertisement in the newspaper or posting on the respondent’s door. Treatment of Religious Marriages and Divorces Muslims in the UAE may marry before a marriage officer of the Sharia courts in the relevant Emirate. Non-Muslims in the UAE may marry in accordance with their rituals and request their embassy to certify their marriage document. They may also choose to marry under Federal Decree-Law No. 41 of 2022 or Abu Dhabi Law No. 14 of 2021. If the marriage was concluded outside the UAE, it should be certified by the UAE embassy in the country where the marriage took place. The applicable law and the competent courts to decide on divorce and related matters will be based on various factors, including the residence of the par ‑ ties, the place of marriage, the religion of the parties, and the nationality of the parties.
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