Guide to Family Law in the UAE : path through Family Court, custody and evidence

Bringing a case to the Dubai Family Court requires careful pleadings, mastery of procedural steps and evidentiary standards. This guide summarises the typical journey (claim, service, memo exchange), the role of mediation, accepted correspondence (emails, messages) as evidence, and key custody benchmarks for Muslim and non Muslim families.

Claim Declaration

The Statement of Claim identifies parties, background and relief; it is filed online with Case Management. The judge may request clarifications before moving forward.

Service: a bottleneck

Serving respondents is often the longest step (up to 30–40% of overall timeline). The notifier processes summons to the listed respondents. Incomplete contact details can cause delays.

Memo exchange

After service, the claimant files the initial memo. The respondent may request time to study the file or appoint counsel. Requests are recorded in writing or orally in court.

Evidence and correspondence

The court typically admits written correspondence between the parties (emails, texts, WhatsApp) to support or refute claims, assessed alongside other exhibits.

Mediators

Where proof is challenging, mediators may be appointed to seek settlement, considering the family’s social importance and responsibilities. Their reports may inform the judge’s decision.

Child custody

For Muslim families, custody is governed by the Personal Status Law : parental capacity, child’s age/sex (historic references: 11 for boys, 13 for girls), religion, and best interests (flexibility possible). For non-Muslims, the civil regime (non Muslims) may support joint custody, subject to court control.

FAQs

• What is “family law” in the UAE? A framework covering marriage, divorce, inheritance, custody, with procedural and substantive rules (personal status, civil law for non‑Muslims).
• What is the “new law” in Dubai? Law No. 41/2022 (non‑Muslims) modernises family rules for expatriates.
• Can I appeal ? Yes, to the Court of Appeal subject to strict legal conditions.

Success before the Family Court depends on a persuasive record (clear pleadings, structured evidence), a sound procedural strategy (timelines, mediation) and nuanced understanding of custody standards by confession. Experienced counsel helps avoid settlement pitfalls and protect family interests.

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