Civil Divorces in UAE | Guide

Civil Divorces in UAE

Divorces for non-Muslim residents of the UAE. are now subject to a new UAE. Civil Personal Status Law.

This new law applies specifically for non-Muslims and will now be the default law for all non-Muslim divorces.  The law is UAE Federal Decree Law No. 41 of 2022. Which came into effect on February 1, 2023.

  • At a high level, the new law states that men and women are  equal, in divorce, in terms of their rights and obligations.
  • This means that, among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.
  • Also, both parents,  by default, have equal and joint right to custody of their children. 
  • Notably, this right is also granted to children, so that they are not deprived of one parent or another.  
  • Furthermore, irrespective of the type of divorce, women have the right to alimony from their ex-husbands. Which is calculated based on a number of expressed factors.
  • Also, noteworthy, parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law.

Civil Divorces in UAE | FAQ

On what basis is the alimony for women calculated under civil divorces in UAE?

The alimony for women in non-Muslism divorces are calculated based on a number of factors:
They include, among other things:

  • Years of marriage
  •  Wife’s
  • Financial position of the spouses
  •  Father’s financial support towards joint children’s custody
  • The extent of  wife’s involvement in their children’s lives. 
  • As well as, the reason for divorce.
Would the wife be eligible to attain alimony if she remarries under civil divorces in UAE?

No. As per the law, the wife’s right to alimony ends in the event she remarries.

Would both the wife and husband have equal rights to civil divorces in UAE?

Yes. Among other things, parties have equal right to: 1) a unilateral divorce and/or 2) a divorce without having to prove fault.

Which parent would get custody of children under the civil divorce in UAE?

Both parents,  by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another

Are prenuptial agreements applicable under the civil divorce in UAE?

Yes. Parties’ pre-nuptial or post-nuptial agreements are enforceable, under this law

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