Last updated: 11 November 2026
Divorce in the UAE for expats is governed by one of two laws, depending mainly on religion. Muslim expats are generally covered by the Personal Status Law (Federal Decree-Law 41/2024), while non-Muslim expats who live in the UAE are covered by the civil personal status law (Federal Decree-Law 41/2022). Under both laws, a spouse can insist instead on applying the law of his own country (Personal Status Law, Article 1(3); civil law, Article 1(1)).
Divorce in the UAE for expats: which law applies
The starting point depends on the spouses’ religion and whether either spouse invokes another law. For guidance on which law applies, consult Family lawyers in Dubai at Leaders Advocates.
| Expat couple | Law that applies | Source |
|---|---|---|
| Muslim expats | The Personal Status Law, unless one spouse insists on his own law or the spouses agree on another law UAE legislation permits | PSL Art 1(3) |
| Non-Muslim expats living in the UAE | The civil personal status law for marriage, divorce, estates, wills and lineage, unless one spouse insists on his own law | Civil law Art 1(1) |
| Non-Muslim expats who prefer another UAE law | They may agree to apply another family or personal status law in force in the UAE instead | Civil law Art 1(2) |
| Financial effects of a marriage concluded abroad | The law of the country where the marriage was concluded, unless a spouse is a UAE citizen | Civil Transactions Law Arts 13, 14 |
Applying the law of your home country
Choosing your home country’s law is an option, not a default. A spouse must raise it, and it then applies to the dispute as a whole.
- Either spouse can insist on the law of his nationality under both UAE laws, so the court will not apply foreign law unless it is invoked.
- The Dubai Court of Cassation’s General Assembly held in Appeal 4/2022 (21 December 2022) that once a foreign law is chosen, the court cannot apply two different laws to the same subject. A party cannot switch to UAE law for some issues by arguing that the foreign law is silent on them.
The main steps in an expat divorce
The process follows six steps.
- Confirm which law will govern: the Personal Status Law, the civil law, or your home country’s law if a spouse invokes it.
- Confirm that the UAE court can hear the case, for example where you live in the UAE and the other spouse has no known domicile abroad (Civil Procedure Code, Article 20).
- Under the Personal Status Law, expect a possible referral to family guidance before the case reaches the court (Article 8). Under the civil law, the case goes straight to the court (Article 3).
- File the claim with the personal status court, with the marriage certificate, IDs and translated, attested documents from abroad.
- Include your claims on custody, maintenance, housing and property, and ask for urgent orders if needed.
- If you disagree with the judgment, appeal within 30 days, counted from the day after the judgment or, where it is deemed rendered in your presence, the day after notification (Personal Status Law, Articles 9 and 10).
“Confirm the governing law before filing anything, because once a spouse invokes a foreign law, it governs the whole dispute,” said Faris Raian, Senior Legal Consultant in Dubai.
Under civil law, either spouse can ask for divorce without giving a reason (Article 7). Under the Personal Status Law, the husband can divorce and must document it within 15 days, the wife can seek khula, and either spouse can ask the court to end the marriage on grounds such as harm (Articles 58, 65 to 68 and 71).
How custody and financial matters are handled
Custody and money follow the governing law.
| Issue | Personal Status Law | Civil law (non-Muslims) |
|---|---|---|
| Custody | The mother first after separation, then the father, unless the child’s interest requires otherwise (Art 114) | Joint and equal custody, unless the court orders otherwise (Art 10) |
| Child maintenance | The father pays for a young child with no money, covering housing, treatment and education (Arts 95, 106) | Decided by the judge, including the father’s contribution to the mother’s custody costs for up to two years (Art 9(7)) |
| Housing for the children | Whoever maintains the child pays the custodian’s housing rent unless she owns a home (Art 119(2)) | Part of the financial requests the judge decides (Art 9) |
| Support for the wife | Waiting-period maintenance, and compensation of up to one year’s maintenance if the husband divorced her without cause (Arts 101, 102) | Alimony set by factors such as the length of the marriage, the wife’s age, each spouse’s finances and fault (Art 9) |
| Property | Each spouse keeps a separate financial entity, but contribution to the other’s property can be claimed (Art 51) | No automatic split. The judge decides financial requests under Art 9 unless the contract set terms (Art 6(2)) |
Questions about divorce in the UAE for expats
Which law applies to my divorce as an expat in the UAE?
The Personal Status Law for Muslims and the civil law for non-Muslim residents, unless a spouse insists on his own country’s law.
Can I use my home country’s divorce law in the UAE?
Yes. Either spouse can insist on his own law, which then governs the whole dispute (Personal Status Law, Article 1(3); civil law, Article 1(1)).
Do non-Muslim expats need a reason to divorce?
No. Under civil law, either spouse can ask for divorce without giving a reason (Federal Decree-Law 41/2022, Article 7).
“In an expat divorce, file the custody and financial claims with the divorce itself, with the evidence ready, so the court decides them together,” said Faris Raian, Senior Legal Consultant in Dubai.
Can I divorce in the UAE if I get married abroad?
Yes, if the UAE court has jurisdiction, for example where you live in the UAE and the other spouse has no known domicile abroad (Civil Procedure Code, Article 20).
To discuss an expat divorce, speak to our divorce lawyers in Dubai on WhatsApp or through our Contact Us page.
