Divorce in Abu Dhabi

Non-Muslim residents are able to file divorce applications either in their home country, which is often preferred, or file in the UAE.

Common reasons for divorce in Abu Dhabi

Marriages can fail for a number of reasons from marital infidelity and poor communication, to job loss, financial problems, and religious or cultural differences. If you’re seeking to get a divorce in the UAE as an expatriate it can be daunting, especially if you don’t understand the laws and regulations of your host country.

How to get a divorce in the UAE as an expat

Previously a couple seeking to divorce in the UAE would have to follow the Sharia process. Following the introduction of the new civil court, non-Muslims can now apply for a divorce under non-Sharia law.

Non-Muslim expatriates will need to have a resident visa and passport from a country where Sharia Law doesn’t apply. Alternatively the marriage must have ended in a country where the family law does not follow Sharia principles.

Court procedures for civil divorces in Abu Dhabi will be in both English and Arabic.

Applications for no-fault divorce

Under Article 7 of the new UAE law either spouse can file for divorce and the claim needn’t be justified, nor any damage proved. Following submission of an application for a no-fault divorce, the Court reviews the application, and if it’s approved the divorce judgement should be issued within a month.

Post-divorce settlement agreements

If no alimony arrangements have been set out in the marriage contract, a judge will make the final decision on post-marriage financial arrangements.

Alimony will be decided on the basis of the following factors – under Article 9 of the new Personal Status Law:

• How long the couple have been married
• The wife’s age
• Each partners financial status
• The husbands contribution to the marriage
• Any compensation paid by one spouse to the other in lieu of damage inflicted to that party
• Any financial losses suffered by either spouse resulting from a unilateral divorce
• Whether the mother cares for the children diligently

Alimony will not be awarded if the ex-wife marries again, or the mother ceases to have custody of the children.