Divorce in the UAE : applicable law, steps, custody and travel

The UAE Government’s portal summarises core divorce rules for Muslim and non Muslim couples : applicable law, mandatory conciliation, children’s custody and travel restrictions. This briefing captures the key points to structure your case.

Applicable law

Muslim couples

Islamic marriages are governed by Sharia. Where both spouses are Muslims and residents, or the husband is Muslim and the wife non Muslim, UAE/Sharia law will generally apply.

Non-Muslim couples

Non Muslim expatriates may divorce in their home country (domicile) or in the UAE. They may petition to apply their home law (Article 1, Law No. 28/2005), subject to gaps being filled by UAE law.

Mandatory steps

Step 1 : register the case with the Family Guidance Section. A conciliator will attempt reconciliation; parties may raise issues without lawyers present.

Step 2 : if divorce proceeds, a referral letter is issued, allowing a court filing within three months. In court, each party must prove claims and defences.

Children’s custody

The mother is generally the custodian (day to day care) and the father the guardian (maintenance, major decisions). The father remains financially responsible (housing, food, healthcare, education). Custodian criteria include: rationality, maturity, honesty, health, and absence of honour crime convictions. Specific conditions apply: the mother should not remarry (unless the court decides) and should share the child’s religion; a father as custodian must have a suitable woman in the home.

Reference ages (historic rules): 11 (boys) and 13 (girls), with potential extensions (end of schooling/marriage) if in the child’s interests.

Travel restrictions

Neither parent may travel with the child without the other’s consent. Removal without consent may constitute child abduction with serious consequences. Concerned parents may obtain a travel ban. Disputes are referred to a judge.

Practical tips

• Structure settlements (custody, contact, maintenance, travel) and seek court approval.
• Prepare evidence (financials, parental involvement, children’s needs).
• Observe deadlines (referral letter: 3 months) and formalities (Arabic translations).

Divorce in the UAE combines mandatory conciliation with judicial oversight, with constant focus on the child’s best interests (custody) and safety (travel). Preparing the record and calibrating applicable law (Sharia, home law) will streamline the process and protect rights.

Our lawyers, who are experts in family law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Family Law
contact@agn-avocats.fr
09 72 34 24 72