The divorce of Muslim couples is governed by Federal Decree-Law No. 41 of 2024 on the issuance of the Personal Status Law (PDF, 500 KB). This law also applies to couples where the man is a Muslim and the wife is a non-Muslim.

Types of divorce

According to Article 59 of Federal Decree-Law No. 41 of 2024 on Personal Status, divorce is of two types:

• revocable divorce, which does not terminate the marriage contract until the expiry of the waiting period (iddah)
• irrevocable divorce, which terminates the marriage contract immediately upon its occurrence.
  

Methods of divorce

• Divorce by verbal pronouncement
  The husband may divorce his wife by pronouncing the divorce in the presence of a witness or by a documented declaration of evidence. If the husband wishes to appoint another person to pronounce the divorce on his behalf, this is also permitted provided there is an official power of attorney.
   
• Khula
  Khula is a separation between the couple based on the wife’s request and the husband’s acceptance, in return for compensation paid by the wife or by another person. Khula is considered an irrevocable divorce. In Khula, it is not permissible to agree on waiving any of the children’s rights, including their maintenance and custody.
   
• Judicial divorce
  Either spouse may submit an application for divorce through the court if the divorce is not effected by mutual declaration between the spouses, where there are legal grounds justifying divorce. It must be registered with the court in order to be official, valid and legally recognised.

1. Registration of the divorce application – one of the spouses (or both) must register a divorce case with the Family Guidance Section in one of the emirates of the state.
2. Scheduling a family counselling session - the competent authority coordinates between the parties to set an appointment for a meeting with the family counsellor.
3. Attending the family counsellor meeting (mandatory procedure) - the meeting with the family counsellor is a mandatory step to complete the divorce procedures in the UAE. During the session, the spouses are allowed to present their views and express concerns and issues related to marital life, whether in the presence of a legal representative or in their absence.
4. Attempt at reconciliation or amicable divorce - at this stage, an amicable divorce may be reached if both parties agree, whereby:
   - an agreement on mutual understanding between the spouses is drafted
   - the agreement is signed before the family counsellor for official approval.
5. Referral of the dispute to the court in the absence of an agreement - if one or both parties insist on divorce without reaching an amicable settlement, the family counsellor issues a referral letter enabling them to file the case before the competent court. The number of hearings varies from case to case, until a judicial ruling is issued.
6. Submission of the referral letter and commencement of court proceedings - the referral letter must be submitted to the court within one month from the date of its issuance. The court then commences divorce proceedings at its discretion, during which, each party:
   - submits the evidence and documents in their possession, and
   - presents their legal defence before the court.

Documentation of divorce

According to Article 58 of Federal Decree-Law No. 41 of 2024 on Personal Status, 
- the husband must document the divorce before the competent court within a maximum period of fifteen (15) days from the date it occurs. This does not prejudice the wife’s right to file a claim to prove the divorce.
- If the husband fails to document the divorce within the period specified in paragraph 1 of this article, without an excuse acceptable to the court, the wife is entitled to compensation equivalent to maintenance from the date of the divorce until the date of its documentation.

Women’s rights after divorce

Divorce gives rise to Sharia and legal obligations, the most important of which are the waiting period (iddah), maintenance, housing, and custody in the event there are children. It also gives rise to rights to get children’s maintenance, custody and visitation.

Related links

• FAQs - Abu Dhabi Judicial Department
• Mawada Platform – Ministry of Justice
• Family Guidance Services - Abu Dhabi Judicial Department.

Civil divorce in the UAE is governed by Federal Decree-Law No. 41 of 2022 On the Civil Personal Status, and Cabinet Resolution No. 122 of 2023 issuing its Executive Regulations. Under this framework, either spouse may file for divorce in accordance with the laws of their country of origin, or, at the request of either party, have the divorce proceedings governed by UAE law.

Civil Divorce Provisions

• Unilateral divorce: a divorce may be granted and finalised if either spouse expresses their intention before the court to end the marital relationship, without the need to provide reasons or justification.
• No proof of harm required: either spouse may apply for divorce using the prescribed form, without proving harm or fault. The court issues the divorce order after notifying the other party.
• Exemption from family guidance: divorce cases filed under the Civil Personal Status Law are not referred to family guidance committees and are heard directly by the court, with a decision issued at the first hearing.

Effects of Civil Divorce

• Alimony
  A divorced woman may apply to the court for alimony from her former husband after the divorce judgement is issued. Where alimony or other financial matters were not agreed in advance in the marriage contract, the court will consider the application and determine the amount and duration of alimony at its discretion. In doing so, the judge will take into account factors such as the length of the marriage, the wife’s age, the financial circumstances of both parties, each party’s role in the divorce, and any material or moral harm suffered. Alimony ends if the wife remarries or no longer has custody of the children. However, either party may apply to have the alimony adjusted if circumstances change.

In situation of Divorce under Sharia law 

According to articles 112-124 of Federal Decree-Law No. 41 of 2024 On the Issuance of the Personal Status Law, the following legal provision apply to children’s custody: 

• Custody means the care, upbringing, and day-to-day supervision of the child in a manner that serves the child’s best interests, without prejudice to the guardian’s right of guardianship.
• During the subsistence of the marriage, custody rests jointly with both parents. Upon divorce, custody is granted to the mother in the first instance, then to the father, followed by the next most entitled relative, always subject to the best interests of the child.
• The custodian must be an adult of sound mind, trustworthy, and capable of caring for the child’s physical, educational, and moral needs, and must be free from serious illnesses or harmful behaviours.
• The right to custody is forfeited if the custodian fails to meet the required conditions or neglects the duties of custody. Custody may be reinstated if the reason for its loss ceases to exist.
• The custodian may travel with the child outside the State with the consent of the other parent or by order of the court. The court may require guarantees to ensure the child’s return.
• The child’s passport remains with the guardian and is handed to the custodian when travel is required. The court may intervene in cases of unreasonable refusal.
• The non-custodial parent has the right to visit the child in accordance with mutual agreement or as determined by the court.
• Once the child reaches the age of 15, he or she has the right to choose to reside with either parent, unless the court determines otherwise in the child’s best interests.
• Custody ends when the child reaches the age of 18 and may continue in special cases where the child’s health condition so requires.
• The father bears the child’s essential maintenance expenses, including housing and identification documents, in accordance with the law.

In situation of civil divorce 

According to Article 10 of Federal Decree-Law No. 41 of 2022 On the Civil Personal Status, and articles 13-22 of Cabinet Resolution No. 122 of 2023 Concerning the Executive Regulation of Federal Decree-Law No. 41 of 2022 on the Civil Personal Status, the following provisions apply to children’s custody in the situation of civil divorce: 

• Joint Custody of Children
  After divorce, the general rule is joint custody between the father and the mother. This is considered an equal right of both parents and a fundamental right of the children, as it helps maintain their relationship with both parents and supports their emotional stability. Both parents share responsibility for raising and caring for the children, unless the court decides otherwise—for example, if one parent waives custody or is unable to fulfil their parental duties. If a dispute arises between the parents on any custody-related matter, either parent may apply to the court to resolve it. In all cases, the court’s decision is based first and foremost on the best interests of the children.
  
  
• Travel of the Child During Joint Custody
  During a period of joint custody, neither parent may take the child outside the country on their own if the other parent objects. In such cases, an application must be made to the competent court to obtain permission to travel. The court may require the parent requesting travel to provide guarantees to ensure the child’s return to the country on time. After divorce, either parent may also apply to the court for a temporary travel ban on the child if there are justified reasons. In all circumstances, the final decision rests with the court, based on what best serves the child’s interests.