Introduction:
Divorce as an expatriate in the UAE can be quite challenging, especially with the various legal frameworks applying to non-Muslims. Abu Dhabi Law No 14/2021 and Federal Decree-Law No 41/ 2022 regarding divorce for non-Muslims have established important reforms in recent years to facilitate the divorce process.
Federal Law No. 41/2022 on the Civil Personal Status
Marriage, divorce, and other family-related matters for non-Muslims are governed by Federal Decree-Law No. 41/2022 on Civil Personal Status Law. This Federal Law applies in the UAE except the Emirate of Abu Dhabi. In addition to the Federal Civil Status Law, Abu Dhabi Law No. 14 of 2021 on Civil Marriages was enacted to govern non-Muslim family affairs in the Emirate of Abu Dhabi. The no-fault divorce system provided by both laws has led to important changes in divorce.
Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects
The civil status law in Abu Dhabi applies to non-Muslim UAE nationals and foreigners from a country that does not apply Islamic law primarily to personal status matters. This law provides an efficient no-fault divorce procedure wherein either party can obtain a divorce without being required to prove grounds or fault. The uniqueness of this approach is that it makes the procedure easier to utilize by non-Muslim expatriates.
Divorce Procedure
Under Article 7 of the Abu Dhabi Law and the aforesaid Federal Law, either spouse can initiate divorce proceedings unilaterally or jointly. The requesting party may have to inform the other party regarding the divorce prior to the court judgment. The new laws abolish mandatory mediation requirements, thus expediting the process. The wife is not obligated to adhere to a waiting period, as long as the divorce may be effective upon the court's decision.
Under Article 9 of Federal Decree-Law No. 41/2022 and Article 8 of Abu Dhabi Law No. 14/2021, a divorced woman can apply for alimony post-divorce judgment. This application process should be completed using standard forms and may consider the following factors, among others:
- Longer marriages may result in higher alimony awards.
- Older women receive more alimony than younger women, so the court may consider their ages.
- An accounting expert appointed by the court assesses the financial situation of each spouse.
- The husband's involvement in the divorce, if the husband is found to be at fault, will be considered a factor in determining
- Both compensatory and punitive damages can be awarded.
- The financial consequences of one spouse's decision to file for divorce are taken into account.
The father is responsible for covering the mother's expenses related to child custody during joint custody periods, typically up to two years. The wife's contribution to childcare is considered.
Alimony may be forfeited if the wife remarries or if her custody of the children ends.
The alimony amount can be adjusted annually or whenever there is a significant change in circumstances.
Originally published 19 Feb 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
