What foreign expats need to know before filing for divorce in Dubai, Abu Dhabi, or across the UAE
Maria Scotland & Niamh Wilkie write for Expat Woman: Marital Breakdown & Divorce: A Guide for Expat Mums Living in Dubai and Across the UAE
Your legal options for divorce in the UAE as an expat.
Living overseas can be an incredible experience for families, but when a relationship breaks down, being an expat in a foreign jurisdiction can add layers of legal and emotional complexity to a really difficult situation for you and your family.
Maria Scotland & Niamh Wilkie, barristers at 5SAH Chambers, London, help guide you through considerations when considering divorce in Dubai & the UAE.
- For British and other internationally connected families living in Dubai or in the UAE, decisions made early on about where legal proceedings are issued can have significant and long-lasting consequences for finances and children.
- This article is intended to give British expat parents an overview of why, in cases of marital breakdown, it may be crucial to consider making an application in the courts of England and Wales (“E&W”), rather than in the local courts of the UAE.
- It also highlights the sensitive and often urgent issue of international child abduction, which frequently arises around school holidays.
Jurisdiction matters: why the choice of court is important
When a marriage breaks down, more than one country may potentially have jurisdiction to deal with divorce, financial claims, and child arrangements. For expat families in the UAE, this might include:
- The courts of E&W
- The local courts in any of the Emirates
- The Abu Dhabi Civil Family Court for Non-Muslims
Once proceedings are started in one jurisdiction, it can prevent another court from dealing with the same issues. This means timing and strategy are critical.
Financial protection: advantages of the English courts
One of the key reasons expat parents consider issuing proceedings in E&W is the approach to financial fairness, being a discretionary and needs-based system.
The E&W courts have wide discretion when dealing with:
- Division of assets
- Property (including overseas property)
- Pensions
- Businesses
- Trusts
- Maintenance for spouses and children
The E&W court’s focus is on fairness, with particular emphasis on:
- The needs of the financially weaker party
- Housing needs for children
- Compensation for career sacrifice (often relevant for mothers who have stepped back from work). This can be a very important factor for expat mums who may have relocated for a partner’s career and find themselves financially vulnerable following separation.
- Conversely, there is no recourse under UAE law for a wife to pay her husband spousal maintenance. In E&W, both males and females are treated the same in this regard.
Another important factor to be aware of is that the courts of E&W can provide interim relief for parties who need financial support from their spouse during proceedings, including payments towards the cost of legal representation for proceedings or interim spousal maintenance.
These are often vital measures required to ensure the financially weaker party remains supported throughout proceedings for their living costs and also to ensure equality of arms in terms of having legal representation within the financial proceedings.
Comparison with the UAE courts
While the UAE has made significant reforms in recent years, particularly for non-Muslims, the local system generally offers more limited provision than the courts of E&W.
Key differences between proceedings in E&W and the UAE lie in financial disclosure and asset ownership.
Financial Disclosure:
E&W mandate a full and transparent disclosure process, whereas in the UAE, disclosure is voluntary unless compelled by a specific court order.
Asset Ownership:
Asset division in the UAE is based strictly on legal ownership. For instance, if a Dubai property is registered solely in the husband’s name, he retains it unless otherwise agreed.
Consequently, the UAE courts may be far less flexible in their approach when it comes to the redistribution of assets upon separation. Outcomes in the UAE courts may feel less familiar or predictable for British expats than what they can expect from the courts in E&W, which are often seen as offering greater financial security and transparency.
The Abu Dhabi Civil Family Court for Non-Muslims
The Abu Dhabi Civil Family Court for Non-Muslims (ADCFC) has been designed to provide a secular alternative for expatriates and represents a progressive development within the region.
Whilst the ADCFC has made progressive steps in addressing the issues around the care of children upon marital separation, there are still significant gaps in the approach taken by the courts across the Emirates in comparison to the courts of England and Wales.
Additionally, expats residing in Dubai or another Emirate outside of Abu Dhabi, may not meet the criteria for the ADCFC to have jurisdiction to deal with their dispute.
Child arrangements
In ADCFC, the default position for non-Muslim expatriate families is one of joint and equal custody (shared care) for both parents, unless one parent explicitly waives their right or the court determines it is not in the child's best interest.
This principle, established under Abu Dhabi Law No. 14 of 2021, aims to ensure the child maintains a meaningful relationship with both parents and also aims to minimise conflict during divorce.
Joint custody generally continues until the child reaches the age of 16 in Abu Dhabi. But what happens if you cannot issue proceedings in ADCFC or if joint and equal custody is not in your child’s best interest; where can you turn to?
Some very concerning issues for parents include, for example, the impact of domestic abuse on children and parental alienation.
How the ADCFC courts and other courts within the UAE treat these issues remains to be seen. The appointment of experts to assist UAE courts in addressing complex issues relating to the care of children is a practice that has yet to develop and mature to the same extent as it has in the courts of England and Wales.
International child abduction: a real and growing concern
Child abduction is a particularly emotive issue for expat families and often becomes a hot topic after school holidays, especially Christmas and summer.
How these cases typically arise
It is not uncommon for one parent to travel to the UK with the children for the holidays and decide not to return to the UAE. If this happens without the other parent’s consent (or a court order), it may amount to international child abduction.
The UK is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The UAE is not. This means the usual Hague return procedures do not apply. Outcomes can be uncertain and highly facts specific.
As such, early legal advice is absolutely critical. In many cases, taking proactive steps, such as issuing proceedings in E&W before travel, can be key to protecting a parent’s position.
Acting early: why advice should be taken sooner rather than later
For expat mothers in the UAE experiencing marital breakdown, delay can be costly. Early advice allows you to:
- Assess which country (or countries) have jurisdiction
- Understand the risks of proceedings being issued elsewhere
- Take steps to protect children from wrongful removal
- Secure financial stability at a vulnerable time
Final thoughts
Separation and divorce in the UAE is never easy, and navigating them as an expat can feel overwhelming. Understanding where your case should be dealt with is often just as important as how it is dealt with.
For families with strong connections to the UK, obtaining advice on whether E&W has jurisdiction remains so important. For many British expat families living in Dubai and the wider UAE, the courts of E&W can offer a well-established and protective framework.
If you are concerned about your finances, your children, or the risk of international child abduction, seeking specialist cross-border family law advice at an early stage can make all the difference.
Free Family Law Clinic in Dubai
Maria Scotland, Niamh Wilkie & Roger Birch, from 5SAH Chambers International Family Team will be taking part in the Free Family Law Clinic, providing confidential advice on family law matters in England and Wales, delivered by Sara Perischine, Director of Family Law at Astraea Linskills, and Nama Zarroug, Founder of Astraea Linskills, in collaboration with Maria Scotland & Niamh Wilkie, 5SAH Chambers, London.
The Astraea Linskills UK Family Law clinic in Dubai will offer free, confidential, and individually tailored legal advice by way of one-to-one appointments with a specialist Solicitor or Barrister in the heart of downtown Dubai on 9 & 10 February 2026.
Meetings are strictly by appointment only. To request a confidential consultation, please contact: info@a-l.law
*Please note for reasons of confidentiality and client protection, the precise location of the clinic will be disclosed only once conflict checks have been completed and an appointment has been formally agreed. This approach ensures the privacy and safety of all attendees, particularly those involved in sensitive family or safeguarding matters and reflects our commitment to maintaining the highest professional and ethical standards.*
