Getting a divorce in the UAE: Step-by-Step Guide for Expats

UAE divorce for expats can be processed through Sharia courts (Muslim couples) or home country laws (non-Muslims), taking 3-6 months for uncontested cases. Legal grounds include adultery, abuse, desertion, irreconcilable differences. Costs: court fees AED 2,000-5,000, lawyer fees AED 10,000-50,000+. Non-Muslim expats can opt for divorce in home country. Visa tied to spouse requires new sponsorship or exit within 30 days. Child custody follows Islamic law for Muslims, negotiable for non-Muslims. Browse our UAE living guides for more information.

Divorce is a growing trend worldwide, and the UAE is no exception. Getting a divorce in the UAE can be much quicker and simpler than at home, which is why many expats choose to file there rather than in their home country.

Legal Grounds for Divorce in UAE

For Muslim Couples (Sharia Law)

• Talaq (husband-initiated): Husband can divorce by declaration, though court registration required
• Khula (wife-initiated): Wife can request divorce, may need to return mahr (dowry)
• Grounds: Adultery, abuse, desertion, failure to provide, impotence, serious illness

For Non-Muslim Couples

• Can choose UAE law or home country law
• Irreconcilable differences
• Adultery
• Physical or emotional abuse
• Abandonment/desertion
• Substance abuse
• Imprisonment
• Mental illness

The Divorce Process in UAE

Step 1: Attempt Reconciliation

UAE courts mandate counseling/mediation before proceeding with divorce. Family Guidance Committee meets with couple to attempt reconciliation.

Step 2: File Divorce Petition

1. Hire lawyer (recommended but not mandatory)
2. Submit petition to family court
3. Pay court fees (AED 2,000-5,000)
4. Provide required documents

Step 3: Court Proceedings

• Multiple court sessions (typically 3-6)
• Present evidence if contested
• Negotiate settlements (custody, finances)
• Waiting period between sessions

Step 4: Divorce Decree

• Court issues final divorce decree
• Decree must be registered
• Total process: 3-6 months for uncontested, 6-12+ months for contested

Required Documents

• Passport copies (both spouses)
• Emirates ID copies
• Marriage certificate (Arabic translation required if not in Arabic)
• Birth certificates of children (if applicable)
• Proof of UAE residence
• Evidence supporting grounds (if applicable)
• Financial documents (assets, income, bank statements)
• Tenancy contract or proof of accommodation

Costs of Divorce in UAE

Court Fees

• Filing fee: AED 2,000-5,000
• Additional fees for appeals: AED 3,000-10,000
• Translation/notarization: AED 500-2,000

Lawyer Fees

• Uncontested divorce: AED 10,000-20,000
• Contested divorce: AED 30,000-100,000+
• Complex cases (high assets): AED 100,000+
• Hourly rates: AED 1,000-3,000

Other Costs

• Mediation fees: AED 1,000-5,000
• Expert witnesses: AED 5,000-20,000
• Property valuation: AED 3,000-10,000

Key Considerations for Expats

Visa Implications

If your visa depends on marriage:

• Visa canceled upon divorce
• 30-day grace period to find new sponsor or leave UAE
• Options: employer sponsorship, property ownership visa, investor visa
• Can apply for visa on own sponsorship if meet requirements

Custody of Children

For Muslim Couples (Islamic Law)

• Mother typically gets custody until: sons age 11, daughters age 13
• After that age, custody may transfer to father
• Father retains guardianship (legal decisions) regardless
• Mother must remain in UAE for custody

For Non-Muslim Couples

• Can apply home country laws if both agree
• Court considers child best interest
• Joint custody possible
• Negotiable through settlement

Child Support

• Father typically pays child support until children self-sufficient
• Amount based on father income and children needs
• Includes: housing, education, healthcare, living expenses
• Mother may be required to contribute if financially able

Property Division

Under Sharia Law

• No automatic 50/50 split
• Each spouse keeps what they brought into marriage
• Joint assets divided based on contribution
• Wife entitled to deferred mahr (dowry) if specified in marriage contract

For Non-Muslims

• Can apply home country laws
• Negotiable division
• Court considers contributions, needs, circumstances

Spousal Maintenance (Alimony)

• Muslims: Wife entitled to iddah maintenance (3 months post-divorce)
• Non-Muslims: Depends on chosen law, typically limited duration
• Amount: Based on husband income and wife needs
• Duration: Usually temporary, not lifetime

Advantages of Divorcing in UAE vs. Home Country

UAE Advantages

• Faster process (3-6 months vs. 1-2+ years)
• Lower costs compared to Western countries
• Simplified paperwork
• Can be done while residing in UAE

Home Country Advantages

• Familiar legal system
• May get more favorable custody/financial terms
• Easier enforcement of orders
• No visa complications

Special Cases

Unilateral Divorce (One Spouse Does not Consent)

• Possible but takes longer
• Must prove valid grounds
• Court may still grant divorce after prolonged separation

Absent Spouse

• Can proceed if spouse cannot be located
• Must make reasonable efforts to notify
• Court can issue decree in absentia

Same-Sex Couples

• Same-sex marriage not recognized in UAE
• Cannot divorce in UAE
• Must divorce in country where marriage occurred

After the Divorce

Updating Documents

• Update passport (if name changed)
• Update Emirates ID
• Update bank accounts
• Update employment records
• Notify children schools

Remarriage

• Muslims: Woman must wait iddah period (3 months) before remarrying
• Non-Muslims: Can remarry immediately after divorce finalized

Finding Legal Help

Choosing a Lawyer

• Choose lawyer experienced in expat divorces
• Check if they speak your language
• Verify credentials with UAE Bar Association
• Get fee structure in writing
• Ask about success rate and timeline estimates

Legal Aid

• Limited free legal aid available in UAE
• Some law firms offer pro bono for financial hardship
• Embassy may provide list of recommended lawyers

Common Mistakes to Avoid

• Not hiring a lawyer (especially for contested cases)
• Leaving UAE before finalizing divorce
• Not documenting assets and finances
• Agreeing to unfavorable terms without legal advice
• Violating custody arrangements
• Not planning for visa implications
• Hiding assets (serious consequences)

Emotional Support Resources

• Expat support groups (Facebook, Meetup)
• Professional counselors in UAE
• Online therapy services
• Embassy assistance programs
• Religious/community organizations

Key Differences: Dubai vs. Abu Dhabi Courts

• Generally follow same UAE federal law
• Minor procedural differences
• File in emirate where you reside
• Abu Dhabi courts sometimes more conservative