The UAE family law system and opportunities for the Bar

Panel discussions

What we learnt about the UAE family law system

1. The court system in the UAE is fast developing and changing. 
2. In six emirates, family law is governed by a civil code (Federal Law No. 28 of 2005 regulated personal status matters along with certain provisions of the UAE Civil Transactions Law) which practises Sharia for both Muslims and non-Muslims. 
3. The distinction between whether a case is ‘Muslim’ or ‘non-Muslim’ is based on where the party is from (domicile) and what the predominant religion of the place of domicile is, rather than religious observance. 
4. Abu Dhabi has introduced a non-Muslim English-speaking family court, wherein parties can adopt the laws of their country. A new legal framework was introduced through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi introduced on 1 February 2023.
5. Before ending a marriage, the spouses must undergo mediation by the Family Guidance Committee, slightly different to our mediation information and assessment meeting since the aim is to facilitate reconciliation.
6. In the six emirates which practise Sharia, divorce is still fault-based. As per our two-stage divorce process, once divorce is initiated the wife must undergo a waiting period known as ‘Idda’, which lasts approximately three months to determine if she is pregnant. If she is pregnant, the waiting period extends until the child’s birth.
7. Abu Dhabi has introduced a no-fault divorce system for non-Muslims, akin to the Divorce, Dissolution and Separation Act 2020. Unlike the procedure in the other six emirates (fault-based divorce) parties are exempt from mediation. With a highly efficient court administration a divorce can be sought and, we learned, obtained in as little as 14 days. 
8. There is no disclosure process in the finances ancillary to divorce in either process. An accounting expert appointed by the court will assess each spouse’s economic situation although we learned if disclosure is given to the court appointed expert there are no statements of truth and no penalties for inaccurate or false disclosure. 
9. A divorced woman is entitled to apply for maintenance (termed alimony) from her ex-husband. Longer marriages may typically result in higher alimony and younger wives generally receive less alimony, while older wives receive more: arguably not too unfamiliar? If the husband was at fault or negligent, this will affect the alimony decision – clearly leading to many arguments on conduct?
10. Assets are not shared but where there is an element of division (to meet alimony) only assets in the UAE are divided.
11. Men are not entitled to alimony. 
12. In respect of the children matters, we learnt that there is no jurisdiction to seek permission to remove a child outside of the jurisdiction and a father can obtain a travel ban, much like a prohibited steps order, preventing a mother and child/ children leaving the jurisdiction very quickly without notice (we heard 24 hours). This has, clearly, led to many parents (mostly mothers) removing their children without permission only to find themselves (if in England and Wales) the respondent to an application for a return order in the Royal Courts of Justice. Local lawyers term the summer holidays ‘kidnap season’ due to the high incidents of just this.
13. There is no concept of parental responsibility, but rather a principle of guardianship. If a father dies then guardianship of children passes to the next eldest male, and not necessarily the mother.
14. Child expenses/maintenance is payable for so long as the child spends time with the mother but is limited for up to two years and ends if the child lives with the father. 

Cross-jurisdictional opportunities