UAE Law and Practice Contributed by: 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 gov - erned by Federal Law No 28 of 2005 on Personal Status (applicable until 15 April 2025 for Mus - lims), which regulates personal status matters for Muslims in the UAE; Federal Decree-Law No 41 of 2022 on Civil Personal Status, which gov - erns personal status matters for non-Muslims in the UAE except Abu Dhabi; and Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi, which governs personal status mat - ters 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 recognised in the UAE. According to Federal Law No 28/2005 on Per - sonal Status (applicable until 15 April 2025 for Muslims), 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, sex - ual defects, non-payment of dowry, financial neglect, imprisonment or desertion. After the divorce, the wife must undergo a wait - ing period, idda , which lasts approximately three months, to determine if 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 idda also provides an opportunity for both par - ties to reconsider their decision about divorce.
The UAE has also introduced Federal Decree- Law No 41 of 2024 on Personal Status Law (applicable from 16 April 2025 for Muslims) to replace Federal Law No 28/2005 on Personal Status. This new law has made significant changes to both the custody of children and the financial rights of wives. Federal Decree-Law No 41 of 2022, introduced on 1 February 2023, follows the provisions of previously enacted Abu Dhabi Law No 14 of 2021 on Civil Marriage and its Effects in the Emirate. Both Federal Decree-Law No 41 of 2022 (appli - cable 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 Law No 28/2005 (applicable until 15 April 2025 for Muslims), there is no obliga - tory 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. In accordance with Federal Law No 28/2005 on Personal Status (applicable until 15 April 2025 for Muslims), before bringing the case to the family courts, spouses are instructed to undergo mandatory mediation with the Family Guidance department. If the parties reach an agreement on mutual divorce, then a settlement agreement can be certified at this stage. This agreement is then annexed to the divorce judge - ment. For a mutual divorce, the first step in the process includes an application to be filed before the family guidance committee of the respective emirate where the parties are residing. Family
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