Are you a resident of the UAE and trying to get a divorce? Has the path between you and your spouse become blocked, and you have decided to get a divorce and want to ensure a fair divorce settlement, or are you a man seeking a divorce and want a smooth divorce process?!
Here is the information you need to know, provided by an expert lawyer in spousal support and divorce cases in Abu Dhabi, FHS Solutions Law Firm and Legal Consultancy.
Can I Get a Quick Divorce in the UAE?
Divorce cases in the UAE are usually concluded within just one month, and people resort to divorce after all their attempts to save the troubled marriage have failed, making divorce their last option.
The divorce stage is one of the difficult phases for an expatriate going through a separation from their partner, especially since they are not in their home country and are unfamiliar with the UAE laws related to divorce and child custody.
Therefore, we will briefly discuss the Personal Status Law in the UAE, as well as the laws concerning divorce alimony in the UAE and the rights of the husband and wife after divorce.
Laws Specific to Residents in the United Arab Emirates
The laws of the UAE are derived from Islamic Sharia, including divorce laws.
However, the situation differs in divorce cases between Muslim expatriates and non-Muslim expatriates.
Islamic Sharia provisions apply to Muslim expatriates, while non-Muslim expatriates are subject to Federal Law No. (28) of 2008 (Personal Status Law).
Non-Muslims are allowed to use the laws of the country where they were married, after they are clarified through an interpreter for the Ministry of Justice.
If the non-Muslim divorce applicant agrees to apply the UAE laws in the divorce, the divorce will be conducted according to those laws.
However, if they explicitly request to settle their divorce case according to their country’s laws, the court will allow it, and the divorce will be conducted according to the personal status law in the civil court.
Divorce, Alimony, Property Division, and Financial Rights for Expatriates
Attempting Reconciliation Between the Spouses Before Finalizing the Divorce
Based on the interest of UAE laws and family legislation in the UAE in the family and its cohesion, and the welfare of children, UAE legislation in the Personal Status Law always requires an attempt at reconciliation before approving a divorce.
Those wishing to divorce must contact the Family Guidance Department at the Personal Status Court to submit a request accompanied by the marriage contract.
The family guidance officer will try to find a way to reconcile the couple, but if they have reached an impasse in their understanding, separation is inevitable.
The divorce process takes longer and becomes more complicated if one party does not agree to the separation, and the Family Guidance Department at the Personal Status Court issues a letter regarding the contested separation.
When the couple agrees to the divorce, the Personal Status Court grants each party a written separation document in Arabic.
After the new legislative update effective in 2025/2026, the procedures were amended so that presenting the case to the Family Guidance Committee is no longer absolutely mandatory, and the supervising judge has the discretion to refer it directly to the court to simplify and expedite the procedures.
Child Custody and Child Support After Divorce
According to the law of the United Arab Emirates, the biological mother is the guardian and supervisor of her child, while the father is responsible for providing financial support and all necessary financial assistance to his children.
The mother is granted the costs of her children’s education, medical expenses, supervision of the child’s behavior, and their financial matters regularly.
Custody of the minor child is given to the mother according to UAE law, but the mother must prove her eligibility to care for the children, such as being sane and capable both physically and behaviorally of raising the children.
Remarriage During Child Custody
A woman has the right to remarry after her divorce and during her guardianship of her children, but she must notify the court before marrying, as she cannot marry without the court’s approval.
Loss of Child Custody
In this case, the mother’s guardianship is revoked, and the father has the right to claim guardianship over the children.
If the father is granted guardianship, a woman must be present to care for the young ones, such as their mother or another female family member.
Division of Property After Divorce
The division of property between spouses after divorce is considered one of the contentious issues in divorce cases.
Therefore, UAE law has regulated this matter, allowing each spouse to retain the properties registered in their name, such as land, cars, companies, and others.
If the couple owns joint property, the court decides on the matter, and UAE law emphasizes the necessity for children to retain the house so they can grow up in a healthy and safe environment.
The Wife’s Alimony for the Children After Divorce
Emirati law tends to prioritize the child’s best interest and ensure their comfort by keeping them with the mother to take care of them after divorce.
The husband must financially support his ex-wife, providing food, clothing, and housing for her and their children.
He also pays for the children’s education, driver, and domestic help if available.
The alimony imposed on the husband can reach up to 30% of the needs of the ex-wife and children.
The husband can pay more if he wishes, if he sees that his children and their mother need an additional amount, and it is left to his discretion.
UAE Personal Status Law: The Best Interest of the Children Comes First
Divorce, despite the pain it causes, can be a solution when life between the couple becomes impossible.
However, regardless of the circumstances, the couple should avoid animosity and escalation, and separate as amicably as possible, always considering the children’s best interests and fulfilling their needs from both the mother and father.
The mother nurtures, and the father provides and participates. He has divorced the mother, not the children.
Ultimately, what unites the couple after divorce is the love for the children and the commitment to their welfare.
The UAE law does not allow in any way the use of children as a means of pressure or conflict between the mother and father.
It is also very strict in dealing with the father who delays paying alimony to his ex-wife or tries to evade paying child support after the divorce.
Delayed Spousal Support and Delayed Maintenance Claims
The recent legislative amendments for 2024 clarified the legal time limit for filing a maintenance claim under Federal Decree-Law No. 41 of 2024 on Personal Status.
Can the Wife File a Maintenance Lawsuit After a Long Period of Divorce?
No.
Any lawsuit in which the wife claims alimony after the divorce has occurred more than two years from the date of filing the lawsuit in court will not be accepted.
Can a Divorced Woman Request an Increase in Alimony?
Yes.
The custodial mother can request an increase in alimony if she feels that the amount of spousal support is insufficient to meet her children’s needs, and the father has the financial ability to increase it.
When a ruling is issued to increase the amount of alimony, this ruling does not take effect retroactively for more than six months from the date the lawsuit was filed.
A Trusted Legal Advisor for Divorce and Alimony Cases in Abu Dhabi and Across the UAE
If you are going through a divorce, consult the experts at FHS Solutions.
Our experts help you navigate the alimony increase lawsuit, and they will be with you step by step in cases of delayed alimony, refusal to pay it, property division after divorce, child custody, and personal status court.
They provide everything you need to ease your legal journey and avoid the problems that may arise from your ignorance of divorce and personal status laws in the UAE.
Feel free to visit our office in Abu Dhabi, Electra Street, Al Reem Tower, Office No. 401, or contact us via phone, WhatsApp, or the email provided at the bottom of the page.
Frequently Asked Questions About Spousal Support After Divorce
I Left the Marital Home. Does Alimony No Longer Apply to Me?
Alimony does not cease simply because you leave the marital home; it remains due unless a final court ruling of “disobedience” is issued.
The UAE law stipulates that alimony can be revoked if the wife refuses to return to the marital home without an acceptable legal or religious justification, after a court order obliges her to do so.
I Delayed Filing a Maintenance Lawsuit. Can I File a Retroactive Maintenance Lawsuit?
The maximum period for claiming overdue marital maintenance is only two years from the date the lawsuit is filed in court.
Even if the husband refrains from providing financial support for many years, the wife’s right to file a legal claim for any amount exceeding these two years is forfeited, and the alimony is considered a privileged debt that can only be settled by payment or waiver.
Does the Treatment of Divorce and Alimony Laws in the UAE Differ Between Muslims and Non-Muslims?
Yes.
If the couple are Muslims (or the husband is a Muslim), the amended Federal Personal Status Law by Decree No. 41 of 2024 applies.
However, if both parties are non-Muslims, they are subject to the Civil Personal Status Law (Law No. 28 of 2022), which applies entirely different rules such as unilateral divorce and discretionary civil alimony.
Is a Divorced Woman Entitled to Both Housing and Custody Support?
Yes.
She is entitled to housing, food, clothing, and all expenses for the child if she is the custodian of the children, and these expenses are not related to the maintenance or waiting period expenses for the divorced woman herself.
Is It Permissible to Request an Increase or Decrease in the Amount of Alimony After the Final Judgment Has Been Issued?
Yes.
The amount of alimony can be adjusted, either increased or decreased, in case of changes in economic conditions such as an increase in the husband’s income or loss of his job, or an increase in the children’s needs.
A request to modify the alimony will not be accepted until a full year has passed since the alimony ruling, unless exceptional emergency circumstances arise, as determined by the judge.
Contact FHS Law Firm and Legal Consultancy
What is mentioned in this article are just broad outlines that give an idea about divorce procedures in the United Arab Emirates.
For more information and reliable consultations from experts in family matters, contact us at FHS Law Office to assist you and make the divorce settlement easier and faster, providing you with all the moral support and precise life and legal advice you need.
Whereas FHS Law Firm and Legal Consulting is considered one of the leading companies in its field, it provides comprehensive legal services by offering all possible legal assistance related to companies, individuals, legal disputes, litigation in various types of cases, and representation before federal courts.
Divorce, Alimony, and Spousal Support Laws in the UAE
Are you a resident of the UAE and trying to get a divorce? Has the path between you and your spouse become blocked, and you have decided to get a divorce and want to ensure a fair divorce settlement, or are you a man seeking a divorce and want a smooth divorce process?!
Here is the information you need to know, provided by an expert lawyer in spousal support and divorce cases in Abu Dhabi, FHS Solutions Law Firm and Legal Consultancy.
Can I Get a Quick Divorce in the UAE?
Divorce cases in the UAE are usually concluded within just one month, and people resort to divorce after all their attempts to save the troubled marriage have failed, making divorce their last option.
The divorce stage is one of the difficult phases for an expatriate going through a separation from their partner, especially since they are not in their home country and are unfamiliar with the UAE laws related to divorce and child custody.
Therefore, we will briefly discuss the Personal Status Law in the UAE, as well as the laws concerning divorce alimony in the UAE and the rights of the husband and wife after divorce.
Laws Specific to Residents in the United Arab Emirates
The laws of the UAE are derived from Islamic Sharia, including divorce laws.
However, the situation differs in divorce cases between Muslim expatriates and non-Muslim expatriates.
Islamic Sharia provisions apply to Muslim expatriates, while non-Muslim expatriates are subject to Federal Law No. (28) of 2008 (Personal Status Law).
Non-Muslims are allowed to use the laws of the country where they were married, after they are clarified through an interpreter for the Ministry of Justice.
If the non-Muslim divorce applicant agrees to apply the UAE laws in the divorce, the divorce will be conducted according to those laws.
However, if they explicitly request to settle their divorce case according to their country’s laws, the court will allow it, and the divorce will be conducted according to the personal status law in the civil court.
Divorce, Alimony, Property Division, and Financial Rights for Expatriates
Attempting Reconciliation Between the Spouses Before Finalizing the Divorce
Based on the interest of UAE laws and family legislation in the UAE in the family and its cohesion, and the welfare of children, UAE legislation in the Personal Status Law always requires an attempt at reconciliation before approving a divorce.
Those wishing to divorce must contact the Family Guidance Department at the Personal Status Court to submit a request accompanied by the marriage contract.
The family guidance officer will try to find a way to reconcile the couple, but if they have reached an impasse in their understanding, separation is inevitable.
The divorce process takes longer and becomes more complicated if one party does not agree to the separation, and the Family Guidance Department at the Personal Status Court issues a letter regarding the contested separation.
When the couple agrees to the divorce, the Personal Status Court grants each party a written separation document in Arabic.
After the new legislative update effective in 2025/2026, the procedures were amended so that presenting the case to the Family Guidance Committee is no longer absolutely mandatory, and the supervising judge has the discretion to refer it directly to the court to simplify and expedite the procedures.
Child Custody and Child Support After Divorce
According to the law of the United Arab Emirates, the biological mother is the guardian and supervisor of her child, while the father is responsible for providing financial support and all necessary financial assistance to his children.
The mother is granted the costs of her children’s education, medical expenses, supervision of the child’s behavior, and their financial matters regularly.
Custody of the minor child is given to the mother according to UAE law, but the mother must prove her eligibility to care for the children, such as being sane and capable both physically and behaviorally of raising the children.
Remarriage During Child Custody
A woman has the right to remarry after her divorce and during her guardianship of her children, but she must notify the court before marrying, as she cannot marry without the court’s approval.
Loss of Child Custody
In this case, the mother’s guardianship is revoked, and the father has the right to claim guardianship over the children.
If the father is granted guardianship, a woman must be present to care for the young ones, such as their mother or another female family member.
Division of Property After Divorce
The division of property between spouses after divorce is considered one of the contentious issues in divorce cases.
Therefore, UAE law has regulated this matter, allowing each spouse to retain the properties registered in their name, such as land, cars, companies, and others.
If the couple owns joint property, the court decides on the matter, and UAE law emphasizes the necessity for children to retain the house so they can grow up in a healthy and safe environment.
The Wife’s Alimony for the Children After Divorce
Emirati law tends to prioritize the child’s best interest and ensure their comfort by keeping them with the mother to take care of them after divorce.
The husband must financially support his ex-wife, providing food, clothing, and housing for her and their children.
He also pays for the children’s education, driver, and domestic help if available.
The alimony imposed on the husband can reach up to 30% of the needs of the ex-wife and children.
The husband can pay more if he wishes, if he sees that his children and their mother need an additional amount, and it is left to his discretion.
UAE Personal Status Law: The Best Interest of the Children Comes First
Divorce, despite the pain it causes, can be a solution when life between the couple becomes impossible.
However, regardless of the circumstances, the couple should avoid animosity and escalation, and separate as amicably as possible, always considering the children’s best interests and fulfilling their needs from both the mother and father.
The mother nurtures, and the father provides and participates. He has divorced the mother, not the children.
Ultimately, what unites the couple after divorce is the love for the children and the commitment to their welfare.
The UAE law does not allow in any way the use of children as a means of pressure or conflict between the mother and father.
It is also very strict in dealing with the father who delays paying alimony to his ex-wife or tries to evade paying child support after the divorce.
Delayed Spousal Support and Delayed Maintenance Claims
The recent legislative amendments for 2024 clarified the legal time limit for filing a maintenance claim under Federal Decree-Law No. 41 of 2024 on Personal Status.
Can the Wife File a Maintenance Lawsuit After a Long Period of Divorce?
No.
Any lawsuit in which the wife claims alimony after the divorce has occurred more than two years from the date of filing the lawsuit in court will not be accepted.
Can a Divorced Woman Request an Increase in Alimony?
Yes.
The custodial mother can request an increase in alimony if she feels that the amount of spousal support is insufficient to meet her children’s needs, and the father has the financial ability to increase it.
When a ruling is issued to increase the amount of alimony, this ruling does not take effect retroactively for more than six months from the date the lawsuit was filed.
A Trusted Legal Advisor for Divorce and Alimony Cases in Abu Dhabi and Across the UAE
If you are going through a divorce, consult the experts at FHS Solutions.
Our experts help you navigate the alimony increase lawsuit, and they will be with you step by step in cases of delayed alimony, refusal to pay it, property division after divorce, child custody, and personal status court.
They provide everything you need to ease your legal journey and avoid the problems that may arise from your ignorance of divorce and personal status laws in the UAE.
Feel free to visit our office in Abu Dhabi, Electra Street, Al Reem Tower, Office No. 401, or contact us via phone, WhatsApp, or the email provided at the bottom of the page.
Frequently Asked Questions About Spousal Support After Divorce
I Left the Marital Home. Does Alimony No Longer Apply to Me?
Alimony does not cease simply because you leave the marital home; it remains due unless a final court ruling of “disobedience” is issued.
The UAE law stipulates that alimony can be revoked if the wife refuses to return to the marital home without an acceptable legal or religious justification, after a court order obliges her to do so.
I Delayed Filing a Maintenance Lawsuit. Can I File a Retroactive Maintenance Lawsuit?
The maximum period for claiming overdue marital maintenance is only two years from the date the lawsuit is filed in court.
Even if the husband refrains from providing financial support for many years, the wife’s right to file a legal claim for any amount exceeding these two years is forfeited, and the alimony is considered a privileged debt that can only be settled by payment or waiver.
Does the Treatment of Divorce and Alimony Laws in the UAE Differ Between Muslims and Non-Muslims?
Yes.
If the couple are Muslims (or the husband is a Muslim), the amended Federal Personal Status Law by Decree No. 41 of 2024 applies.
However, if both parties are non-Muslims, they are subject to the Civil Personal Status Law (Law No. 28 of 2022), which applies entirely different rules such as unilateral divorce and discretionary civil alimony.
Is a Divorced Woman Entitled to Both Housing and Custody Support?
Yes.
She is entitled to housing, food, clothing, and all expenses for the child if she is the custodian of the children, and these expenses are not related to the maintenance or waiting period expenses for the divorced woman herself.
Is It Permissible to Request an Increase or Decrease in the Amount of Alimony After the Final Judgment Has Been Issued?
Yes.
The amount of alimony can be adjusted, either increased or decreased, in case of changes in economic conditions such as an increase in the husband’s income or loss of his job, or an increase in the children’s needs.
A request to modify the alimony will not be accepted until a full year has passed since the alimony ruling, unless exceptional emergency circumstances arise, as determined by the judge.
Contact FHS Law Firm and Legal Consultancy
What is mentioned in this article are just broad outlines that give an idea about divorce procedures in the United Arab Emirates.
For more information and reliable consultations from experts in family matters, contact us at FHS Law Office to assist you and make the divorce settlement easier and faster, providing you with all the moral support and precise life and legal advice you need.
Whereas FHS Law Firm and Legal Consulting is considered one of the leading companies in its field, it provides comprehensive legal services by offering all possible legal assistance related to companies, individuals, legal disputes, litigation in various types of cases, and representation before federal courts.
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