Divorce by Unilateral Will Under the UAE Civil Personal Status Law

The UAE Civil Personal Status Law, introduced to regulate family matters for non-Muslims, has significantly reformed divorce procedures by allowing divorce by unilateral will. Previously, non-Muslims in the UAE followed the same divorce procedures as Muslims, which were based on Islamic Shari’a law unless the parties ere from the same country and asked for the application of their own law. However, with the issuance of Federal Decree-Law No. 41/2022, the requirements and process for obtaining a divorce have changed, making separation more accessible and streamlined.

Before examining the new law, it is important to first review the procedures outlined in Federal Law No. 28 of 2005, which previously governed personal status matters for both Muslims and non-Muslims, alongside certain provisions of the UAE Civil Transactions Law.

Divorce Under Federal Law No. 28/2005

Under the Personal Status Law (Federal Law No. 28/2005), divorce for Muslims is defined as the termination of the marriage contract. The husband has the right to initiate divorce, while the wife can seek it only under specific conditions, such as those stated in the marriage contract or in cases of harm.

For a divorce to be legally recognised in the UAE, it must be registered with the courts. Before filing, spouses are required to attempt reconciliation through the Family Guidance Committee.

The law outlines several grounds for divorce, including:

• Serious defects such as mental illness or deceit.
• Non-payment of dowry (Mahr) in an unconsummated marriage.
• Marital or physical discord that makes cohabitation impossible.
• Financial neglect or the husband's prolonged absence or imprisonment.

Key Changes Under the New Civil Personal Status Law

With the introduction of Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage, the divorce process has been significantly expedited. One major reform is the removal of mandatory mediation—spouses no longer need to go through the Family Guidance Committee and can proceed directly to court.

However, the most notable change is the introduction of divorce by unilateral will, which allows either spouse to request a divorce without needing to prove harm or provide justification.

Under Article 7 of Federal Decree-Law No. 41/2022, neither the husband nor the wife is required to assign blame or provide reasons for the divorce. It can be filed jointly or unilaterally, with the filing party notifying the other spouse before the court issues a judgment. Unlike the Personal Status Law, this new regulation eliminates the waiting period for women, making divorce effective immediately upon the court’s ruling.

In practice, divorce judgments under this law are typically issued within three to four weeks and can be appealed within 30 days from the date of issuance.

Implications of the Divorce Judgment

If the marriage contract does not specify conditions for alimony or other financial claims, the court will determine them based on several factors, including:

• Duration of Marriage – Longer marriages may result in higher alimony.
• Wife’s Age – Younger wives generally receive lower alimony, while older wives may receive more.
• Financial Status of Each Spouse – A court-appointed financial expert will assess both parties' financial situations.
• Husband’s Contribution to Divorce – If the husband was at fault or negligent, this may impact alimony.
• Compensation for Harm – Either spouse may claim compensation for material or emotional damages caused by the divorce.
• Financial Impact of Divorce Application – If one spouse suffers financial harm due to the unilateral divorce request, it may be taken into consideration.
• Child Custody Expenses – The father is responsible for covering the mother's expenses related to child custody during the first two years of joint custody, as determined by a financial expert.
• Mother’s Role in Childcare – The court may evaluate the mother's dedication to the child's well-being when determining financial support.

Alimony is forfeited if the wife remarries or if her custody of the children ends. Additionally, either party may submit a request to adjust the alimony amount annually or if there is a significant change in circumstances.

If disputes arise regarding financial claims or other post-divorce matters, the claimant must file a separate lawsuit (reconciliation department first before registering the case), as the initial divorce case only concerns the termination of the marital relationship.

Child Custody Under the Civil Personal Status Law

Under Article 13 of Cabinet Resolution No. 122 of 2023, joint custody is the default rule, ensuring both parents share equal responsibility for the child. However, either parent can request sole custody if they can prove it serves the child’s best interests.

The court considers factors such as the child's welfare, parental stability, caregiving history, and potential harm before making a decision. If disputes arise, parents can request custody modifications based on significant changes in circumstances.

It must be considered that the exception from referral to family mediation applies only in the case of filing a divorce case. However, in other cases, such as custody disputes and financial disputes, the case must first be referred to the Family Mediation Committee before being brought to the court.

Conclusion

The UAE Civil Personal Status Law has introduced groundbreaking reforms to the divorce process for non-Muslims, making it faster, more accessible, and less adversarial. The introduction of unilateral divorce eliminates the need to establish fault or harm, allowing spouses to separate with fewer legal hurdles. Additionally, the streamlined approach to alimony, financial settlements, and child custody ensures that post-marital disputes are handled efficiently.

While these reforms simplify divorce procedures, their implications—particularly regarding financial entitlements and child custody—require careful consideration. Individuals navigating this process should seek legal guidance to ensure that their rights and obligations are properly understood under the evolving UAE Civil Personal Status Law.