Key takeaways
- The new UAE Personal Status Law (Federal Decree-Law No. 41 of 2024) has applied since 15 April 2025.
- Non-UAE nationals can ask the court to apply the law of their own country.
- Before filing for divorce in Dubai, you must go through the court's family guidance and reconciliation service.
- Under the new law, custody lasts until the child turns 18, and from 15 the child can choose which parent to live with.
- A UAE divorce judgment may need to be registered or recognised in your home country before it takes effect there.
Which law applies to an expat divorce in Dubai?
The UAE Personal Status Law applies to Muslims, both UAE nationals and foreigners, unless a non-UAE spouse asks for the law of their own country to be applied. Expat couples can therefore ask a Dubai court to decide divorce, dower and custody under their home-country law. This usually requires submitting a legally translated copy of that law.
Non-Muslims are covered by a separate civil personal status law (Federal Decree-Law No. 41 of 2022), which allows no-fault divorce.
Divorce in Dubai or in your home country?
| Divorce in a Dubai court | Divorce in your home country | |
|---|---|---|
| Best for | Couples who both live in the UAE, with assets and children in the UAE | When main assets are in the home country, or one spouse lives there |
| Attendance | In person or through a lawyer in Dubai | Usually through a lawyer at home; some steps may need attendance |
| Enforcement elsewhere | May need registration or recognition at home | Needs enforcement through a UAE court to apply in the UAE |
| Applicable law | UAE law, or home-country law on request | Home-country law |
Steps for divorce in Dubai courts
- 1Get legal advice and decide where to divorce and which law should apply.
- 2Register with the Dubai Courts' Family Guidance section; reconciliation sessions are mandatory.
- 3If there is no reconciliation and the spouses agree, draft a divorce settlement (custody, visitation, maintenance, dower and assets) and have it approved.
- 4If there is no agreement, obtain a referral letter and file the divorce case in the Personal Status Court.
- 5The court hears the case, reviews evidence and issues the divorce judgment and decisions on finances and children.
Foreign documents such as marriage certificates must be legally translated into Arabic and attested in the issuing country and by the UAE, or by a method the UAE accepts.
Custody and financial rights under the new UAE law
- Custody lasts until the child turns 18 (for both boys and girls); previously, mothers' custody ended at 11 for boys and 13 for girls.
- From 15, a child can choose which parent to live with.
- In all cases, the court decides in the best interests of the child.
- Spousal and child maintenance, dower and custody housing are set according to the applicable law and financial means.
If your home-country law is applied, its rules on custody and dower will govern. Review the consequences of each option with a lawyer before choosing.
Recognition of a Dubai divorce abroad
A divorce granted by a UAE court is not automatically recorded in your home country's civil records. It usually has to be translated, attested and, in many countries, recognised by a local court or registered through your embassy or consulate. Until then, authorities at home may still treat you as married, which matters for remarriage, inheritance and travel.
Frequently asked questions
Can expats divorce in a Dubai court?
Yes. Dubai courts hear divorce cases of UAE residents, and spouses can ask for their home-country law to be applied.
How long does divorce take in Dubai?
A mutual divorce can be finalised within weeks after reconciliation sessions; a contested divorce usually takes several months.
What is the custody age under the new UAE law?
Custody lasts until 18, and from 15 the child can choose which parent to live with.
Is a Dubai divorce valid in my home country?
It usually needs to be translated, attested and registered or recognised there before it takes effect.
What happens to the dower (mahr) in a Dubai divorce?
It can be claimed, and if home-country law is applied it is decided under that law's rules.
Was this guide helpful?
Reviews
Need advice on your own case?
Every case is different. Shahin Group's advisers in Dubai review your situation and suggest the right route.