Divorce is never easy, and navigating it in a country with its own unique legal system can feel overwhelming. If you’re living in the UAE and thinking about separation, one of the first questions you probably have is: “How does divorce actually work here?”

The answer depends on a few things — your religion, where you file, and whether you want UAE law or your home-country law applied. Recent changes to UAE family laws have also made the process much more streamlined, especially for non-Muslims.

In this blog, we’ll walk through the divorce process in the UAE step by step. By the end, you’ll know exactly what to expect, what documents you’ll need, and how the procedures differ for Muslims and non-Muslims.

The Basics: Which Law Applies to You?

Before filing anything, you need to know which legal framework governs your case.

• If you are Muslim: Your case usually falls under Federal Law No. 28 of 2005, also called the Personal Status Law. This is based on Sharia principles.

• If you are non-Muslim: You come under the newer Civil Personal Status Law (Federal Decree-Law No. 41 of 2022). This law introduced a no-fault divorce system, equal standing for both spouses, and joint custody by default.

• If you live in Abu Dhabi: Things are even faster. Non-Muslims there have access to a dedicated Civil Family Court, where divorce can sometimes be granted in the very first hearing.

• If you’re a foreigner: You may also request that your own country’s law applies. This can make sense if you want rules similar to what you’re used to back home.

So, step one is to figure out which track you’re on. That choice shapes everything else.

Divorce for Muslim Spouses

Let’s start with Muslim couples, who are covered by the UAE’s Personal Status Law.

Step 1: Filing the Case

You begin by filing your divorce request in the family court of your emirate. Until recently, all cases had to go through family guidance, where a conciliator tries to help couples resolve issues. But since April 2025, that has changed. Now, you file directly in court, and the judge decides if family guidance is necessary.

Step 2: Family Guidance (If Referred)

If your case is referred, you’ll sit with a conciliator who will encourage you to reconcile or agree on terms like custody and maintenance. If you settle, the agreement is signed and approved by the court. If not, the case continues to trial.

Step 3: Types of Divorce

Muslim divorces can take different forms:

• Talaq: A husband’s unilateral divorce. This has to be registered in court, and the judge will handle financial and custody matters.

• Khulʿ: A wife-initiated divorce, often in exchange for returning the dowry or another settlement.

• Judicial divorce: Granted by the court if there’s evidence of harm, lack of maintenance, abandonment, or imprisonment.

Step 4: Court Hearings

If the case goes to trial, both sides present evidence, witnesses, and documents. Interim orders may be issued for child support or living expenses during the case.

Step 5: Judgment

The court issues a final divorce decree, which also covers custody, visitation, and financial support. Once issued, you’ll need to register it with authorities so your marital status is officially updated.

Key takeaway for Muslims: The court has more flexibility now — you may or may not go through family guidance. Custody is decided based on a child’s best interests, and fathers remain financially responsible for children.

Divorce for Non-Muslim Spouses

For non-Muslims, the UAE has completely reimagined the divorce process to make it quicker and simpler.

Step 1: Filing for No-Fault Divorce

Unlike in the past, you don’t need to prove wrongdoing. Either spouse can file a divorce petition, or you can file jointly.

Step 2: Custody and Financial Agreements

The law starts with joint custody of children until they turn 18. If joint custody doesn’t work, either parent can apply for sole custody, and the court decides based on the child’s best interests.

Financially, spouses are treated equally. You can agree on support, housing, or division of expenses — or ask the court to decide.

Step 3: Court Hearing

Because this is a no-fault process, hearings are often straightforward. If you’ve already agreed on the main issues, the court may finalize the divorce very quickly.

Key takeaway for non-Muslims: The law is designed to minimize conflict. Equal standing in court and a focus on practical arrangements mean cases don’t drag on unnecessarily.

Abu Dhabi’s Civil Family Court: The Fast-Track Option

If you’re a non-Muslim living in Abu Dhabi, you’re in luck — your emirate has the smoothest system in the country.

• You file directly with the Civil Family Court.

• Divorce is usually granted at the first session, without family guidance.

• Remote hearings are often allowed, so you may not even need to appear in person.

This makes Abu Dhabi one of the fastest jurisdictions in the world for non-Muslim divorces.

Custody and Children

Children are often the most sensitive part of divorce. Here’s how it usually works:

• For Muslims: Mothers are often custodians for younger children, but fathers remain financially responsible. Judges decide based on the child’s welfare.

• For non-Muslims: Joint custody is the default. Courts can adjust custody if one parent proves it’s better for the child.

• Travel and relocation: Either parent can request or challenge travel restrictions. The court decides what protects the child’s best interests.

Money Matters: Alimony and Support

There’s no automatic “50-50 split” of assets in the UAE. Instead, courts focus on maintenance and support.

• Muslim divorces: Courts may order housing, maintenance, and child expenses based on the husband’s ability and family needs.

• Non-Muslim divorces: Spouses are treated equally in financial matters, and joint custody often means shared expenses.

If you have significant assets, businesses, or property, expect extra steps like valuations or additional filings.

What You’ll Need: Document Checklist

To save time, gather these in advance:

• Passport & Emirates ID copies

• Attested marriage certificate (and translation if needed)

• Children’s birth certificates

• Proof of residence in the UAE

• Financial documents (salary slips, bank statements, leases, school fees)

• Any pre- or postnuptial agreements

Having everything ready makes the process much smoother.

How Long Does It Take?

Timelines depend on your situation:

• Abu Dhabi (non-Muslims): Divorce may be finalized at the first hearing.

• Other emirates (non-Muslims): Still fairly quick, especially if uncontested.

• Muslim divorces: Can take longer, especially if the court refers you to family guidance or if evidence and witnesses are needed.

Special Situations

• Spouse abroad: The court can serve notice and proceed even if your spouse isn’t physically in the UAE.

• Mixed-religion marriages: Which law applies can vary — sometimes you can request civil law, sometimes Sharia applies.

• Foreign law option: Non-Muslims can request their home-country law, but you’ll need certified translations and possibly expert testimony.

Step-by-Step Checklist

Here’s your roadmap:

1. Identify your track – Muslim under the 2005 law or non-Muslim under the 2022 civil law.

2. Pick the right court – your emirate’s court or Abu Dhabi’s Civil Family Court.

3. Gather your documents – IDs, certificates, financial records.

4. File your case – online or at the court office.

5. Temporary orders – request interim custody or financial support if needed.

6. Negotiate settlement – courts welcome agreements and will approve them if legal.

7. Final judgment – once issued, register it officially.

Frequently Asked Questions

Do I need a reason to divorce as a non-Muslim?
No. It’s a no-fault system — you can file without proving blame.

Who gets custody?
Muslims: usually mothers for young kids. Non-Muslims: joint custody until age 18.

Do I need to go to family guidance?
Muslims: maybe — the judge decides now. Non-Muslims: not required.

Can I apply online?
Yes. The Ministry of Justice and local court portals allow e-filing.

Final Thoughts

Divorce is tough, but the UAE has worked hard to make the process more transparent and accessible — especially for expatriates.

• If you’re Muslim, you’ll likely still go through a structured court process with possible family guidance.

• If you’re non-Muslim, you benefit from a no-fault system that makes separation quicker and less painful.

• If you’re in Abu Dhabi, you may finalize your divorce in just one hearing.

The most important thing you can do is be prepared — gather your documents, understand your legal track, and if possible, work out a settlement with your spouse. That preparation can save you months of stress.