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Introduction to Custody and Financial Support in the UAE post Divorce
Finding the applicable law for custody and financial support in the UAE is not straightforward.
As the UAE continues to evolve its legal framework to accommodate its diverse population, non-Muslim families facing divorce now have two legislative options: Federal Decree-Law No. 41 of 2022 and the newer Federal Decree-Law No. 41 of 2024. While both aim to protect children and ensure fairness in financial contributions, they approach post-divorce arrangements from fundamentally different perspectives. Non-Muslim couples may choose either regime, whereas Muslim couples are subject exclusively to Federal Decree-Law No. 41 of 2024.
This article compares the two laws with a focus on custody arrangements, child support, alimony, and housing rights for the custodial parent.
Custody: Joint or Primary Responsibility?
Under Federal Law No. 41 of 2022, custody is a shared and equal responsibility between both parents. This framework reflects international co-parenting standards and allows courts to intervene or reassign custody based on the child’s best interests. Either parent may request sole custody where justified, but joint care is the default position.
By contrast, Federal Law No. 41 of 2024 adopts a more traditional structure. The custodial parent (typically the mother) is responsible for daily care, while the father retains guardianship, including oversight and decision-making. Educational guardianship is granted to the mother unless the court decides otherwise. Disputes are resolved through a simplified petition before the Judge of Summary Matters.
Custody Comparison
| Topic | Federal Law 41 of 2022 | Federal Law 41 of 2024 |
|---|---|---|
| Default custody | Joint and equal custody | Custody with mother; guardianship with father |
| Educational decisions | Joint or as agreed; court may decide | Educational guardianship with mother unless reassigned |
| Dispute mechanism | Court petition by either parent | Judge of Summary Matters |
| Travel abroad | General rules apply | Written consent or court permit required (up to 60 days per year unless justified) |
Child Maintenance Obligations
Both laws assign primary financial responsibility to the father, though the 2024 law provides greater specificity.
- Under the 2022 law, the father must cover education, housing, medical costs, and other routine expenses unless otherwise agreed.
- The 2024 law clarifies that maintenance applies:
- Girls: until marriage or employment
- Boys: until financially independent or studying
- Children with disabilities: indefinitely
- A solvent mother may temporarily cover costs if the father is absent or insolvent and later seek reimbursement
The 2024 law also expressly includes breastfeeding costs as part of maintenance where the mother cannot nurse.
Child Maintenance Comparison
| Aspect | Federal Law 41 of 2022 | Federal Law 41 of 2024 |
|---|---|---|
| Who pays | Father | Father by default; mother if father absent or insolvent |
| Duration | Generally ongoing post-divorce | Defined by age, status, and disability |
| Breastfeeding | Not addressed | Included if mother cannot nurse |
| Scope | Education, housing, healthcare | Same, plus broader court discretion |
Alimony and Housing
The 2022 law provides explicit protections for divorced women, including:
- Temporary alimony pending settlement of full financial rights
- Housing during joint custody
- Post-divorce housing based on living standards
The 2024 law addresses these matters more generally, relying on judicial discretion and anticipated implementing regulations.
Alimony and Housing Comparison
| Topic | Federal Law 41 of 2022 | Federal Law 41 of 2024 |
|---|---|---|
| Alimony | Temporary alimony until rights are settled | General obligation; details pending regulation |
| Housing for custodial parent | In-kind or cash allowance unless mother is solvent | Not expressly regulated |
| Post-divorce housing | Temporary housing permitted | Not explicitly addressed |
| Court discretion | Based on lifestyle and income | Present; scope pending clarification |
Choosing the Right Legal Path
Non-Muslim families may choose between the two regimes when filing for divorce. Federal Law No. 41 of 2022 offers a modern co-parenting framework with stronger protections for custodial mothers, while Federal Law No. 41 of 2024 reflects a more traditional allocation of roles, with financial responsibility primarily on the father.
Legal advice is essential to determine which framework best aligns with your family structure, priorities, and expectations.
Please note: Implementing regulations for Federal Law No. 41 of 2024 have not yet been issued. These are expected to clarify procedural, financial, and enforcement aspects.
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If you are considering divorce or require guidance on custody and financial obligations, our team is available for a confidential consultation.
The information on this page is general in nature and does not constitute legal advice. This article provides an introductory overview of the evolving regulation of family affairs in the UAE.
