Introduction to Custody and Financial Support in the UAE post Divorce

Finding the right applicable law when it comes to custody and financial support in UAE is not easy at the moment.

As the UAE continues to evolve its legal framework to accommodate its diverse population, non-Muslim families facing divorce now have two distinct 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 uphold fairness in financial contributions, they approach post-divorce arrangements from very different perspectives. They could choose actually both whereas Muslim couples could only use Federal Decree-Law No. 41 of 2024.

This article compares the key differences between the two laws, focusing 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 law reflects international standards of co-parenting and gives the court discretion to resolve disputes or reassign custody based on the child’s best interests. Either parent may request sole custody if justified, but the starting point is joint care.

In contrast, Federal Law No. 41 of 2024 adopts a traditional model. The custodial parent (typically the mother)handles daily care, while the father retains guardianship, including decision-making and oversight. However, the mother is granted educational guardianship, unless a court determines otherwise. Disputes over guardianship are handled through a simplified petition process before the Judge of Summary Matters.

Custody Comparison Table

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 can decide	Educational guardianship with mother unless reassigned
Dispute Mechanism	Court petition by either parent	Judge of Summary Matters resolves disputes
Travel Abroad	Not specified directly; general laws apply	Written consent or court permit required (max 60 days/year unless justified)

Child Maintenance Obligations when considering Custody and Financial Support in UAE post-divorce

Both laws assign primary financial responsibility to the father, but the 2024 law provides more detail on scenarios and exceptions.

Under the 2022 law, the father must cover education, housing, medical costs, and other routine expenses unless the marriage contract provides otherwise.
The 2024 law specifies that support is required for:
- Girls: until marriage or employment
- Boys: until financially independent (or studying)
- Children with disabilities: indefinitely
- Additionally, a solvent mother may cover if the father is absent or insolvent and can later seek reimbursement.

It also uniquely includes breastfeeding costs as part of maintenance when the mother cannot nurse.

Child Maintenance Comparison Table

Aspect	Federal Law 41 of 2022	Federal Law 41 of 2024
Who Pays?	Father	Father by default; mother if father absent/insolvent
Duration	Unspecified; generally ongoing post-divorce	Girls: until marriage/work; Boys: until working; indefinitely if disabled
Breastfeeding	Not addressed	Included in maintenance if mother cannot nurse
Scope	All expenses: education, housing, healthcare	As above, plus court discretion on specific claims

Alimony and Housing

The 2022 law provides clear mechanisms for the financial protection of the divorced woman. These include:

Temporary alimony (Art. 10) pending full financial rights resolution
Housing during joint custody (Art. 8)
Post-divorce housing (Art. 9)

By contrast, the 2024 law does not detail these aspects as explicitly. It outlines general principles of financial support but defers to judicial discretion and future regulations for specifics.

Alimony and Housing Comparison Table

Topic	Federal Law 41 of 2022	Federal Law 41 of 2024
Alimony	Temporary alimony until settlement of rights	General obligation; criteria not yet fully regulated
Housing for Custodial Parent	In-kind or cash allowance; father pays unless mother is solvent	Not specified; inferred through general maintenance
Post-divorce Housing for Wife	Temporary housing allowed based on standard of living	Not explicitly addressed
Court Discretion	Present, based on lifestyle and income	Present; likely clarified in regulations

Choosing the Right Legal Path when seeking Custody and Financial Support in UAE

Non-Muslim families in the UAE can choose between the two regimes when filing for divorce. While Federal Law No. 41 of 2022 offers a modern, co-parenting framework with enhanced protections for custodial mothers, Federal Law No. 41 of 2024 aligns more closely with traditional family models, with the father providing financially and the mother handling daily care and schooling.

Legal advice is essential to understand which law best aligns with your family structure, expectations, and priorities.

Please note: As of now, implementing regulations for Federal Law No. 41 of 2024 have not yet been issued. These forthcoming regulations are expected to provide greater clarity on key procedural and financial aspects, including the court’s discretion in maintenance, detailed enforcement mechanisms, and dispute resolution procedures.

***

We hope this post will help you and remain available for any questions regarding this post of general application.

More interesting publications and videos:

Divorce and Family affairs in UAE
Videos on UAE Family law;
All our publications about UAE law and practice.
Videos on UAE law and practice by our Managing Partner, Maria Rubert.

If you are considering divorce or need guidance on custody and financial obligations, our team is here to assist. Contact us for a confidential consultation tailored to your circumstances.

*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the rapidly evolving regulation of family affairs in UAE.