Three Common Mistakes Expatriates Make During Divorce Proceedings in the United Arab Emirates

Background – Divorce for Expats in the UAE

Divorce for expatriates in the UAE requires early strategic planning, as the applicable law, forum selection, and evidentiary standards can materially influence the outcome.

The United Arab Emirates has continued to refine its family law framework, particularly following the introduction of Federal Decree-Law No. 41 of 2022, which regulates personal status matters for non-Muslims, together with subsequent amendments. Expatriates represent a significant proportion of divorce applicants, and their cases frequently involve cross-border elements, child mobility issues, and differences between legal systems.

Despite clearer procedures and increasing judicial consistency, expatriates often face avoidable legal and practical difficulties due to early missteps. This article highlights three recurring issues observed in practice and outlines measures to mitigate associated risks.

1. Incorrect Assumptions Regarding Applicable Law and Jurisdiction

A primary challenge for expatriates is determining which legal regime governs the divorce. Under Article 1(2) of Federal Decree-Law No. 41 of 2022, non-Muslim spouses may request the application of the law of their nationality or the law governing their marriage, provided that such law is properly submitted, authenticated, and translated in accordance with procedural requirements.

Where no valid request is made, the UAE Personal Status Law applicable to non-Muslims will generally govern the proceedings.

Key Risks

• Significant differences in custody frameworks, including approaches to shared parental responsibility.
• Variations in spousal maintenance, compensation, and financial entitlements under foreign law compared to UAE law.
• Enforcement challenges where a UAE judgment must be recognised or enforced abroad.

Recommended Approach

Parties are strongly advised to obtain legal guidance before filing in order to assess:

• whether UAE law or foreign law is more favourable in their circumstances;
• procedural requirements for submitting foreign law;
• implications for recognition and enforcement of judgments abroad;
• the suitability of the UAE courts as the appropriate forum.

Failure to conduct a proper jurisdictional and legal assessment may materially affect substantive rights.

2. Initiating Litigation Without Exploring Amicable Resolution

While divorce proceedings may proceed through the courts, the UAE legal system places strong emphasis on amicable settlement, particularly in matters involving children. This approach reflects statutory provisions and judicial practice prioritising stability and continuity.

Key Risks

• Extended timelines and increased legal costs associated with contested litigation.
• Reduced flexibility in developing tailored parenting arrangements.
• Adverse impact on long-term co-parenting relationships.
• Judicial concern regarding unwillingness to cooperate, potentially influencing custody outcomes.

Recommended Approach

Before initiating court proceedings, parties should consider:

• mediation or structured negotiation, formally or through legal counsel;
• provisional parenting arrangements addressing schooling, routines, and communication;
• whether a negotiated settlement could provide greater predictability and cost efficiency.

Amicable resolution—whether achieved independently, through mediation, or with legal support—remains a central feature of UAE family law practice.

3. Failure to Prepare Adequate Financial Documentation

UAE courts increasingly rely on objective documentary evidence when assessing financial claims, including maintenance, child support, and compensation. Unsupported assertions regarding income, lifestyle, or expenses are insufficient.

Key Risks

• Reduction or dismissal of claims due to insufficient evidence.
• Procedural delays caused by incomplete filings.
• Difficulty substantiating compensation claims linked to career interruption.
• Weakened positions regarding children’s expenses and lifestyle continuity.

Recommended Approach

Parties should prepare comprehensive and organised documentation, including:

• salary certificates, employment contracts, and income evidence;
• bank statements and financial records;
• tenancy agreements and housing documentation;
• school, medical, and childcare invoices;
• evidence demonstrating financial contributions and career sacrifices.

Early preparation facilitates efficient judicial assessment and supports balanced outcomes.

Conclusion

Divorce proceedings involving expatriates in the UAE raise distinct legal and procedural considerations, particularly in relation to choice of law, jurisdiction, amicable settlement, and evidentiary standards. A proactive approach—grounded in early legal advice, thorough documentation, and an understanding of judicial expectations—significantly enhances predictability and reduces risk.

Specialist guidance is strongly recommended to ensure compliance with applicable legislation and to safeguard rights throughout the divorce process.

Related Rubert & Partners Resources

• Divorce Mediation in the UAE – What? How? Worth?
  https://www.rubertpartners.com/divorce-mediation-uae/
• Updated UAE Personal Status Law (Federal Decree-Law No. 41 of 2022)
  https://www.rubertpartners.com/updated-uae-personal-status-law/
• Child Custody Arrangements Under UAE Law
  https://www.rubertpartners.com/child-custody-arrangements-uae/
• Divorce in the UAE: 10 Main Takeaways for Expatriates
  https://www.rubertpartners.com/divorce-in-the-uae-10-main-takeaways/
• What Should Divorce Agreements in the UAE Contain?
  https://www.rubertpartners.com/divorce-agreements-uae/

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Disclaimer

This publication is provided for general information purposes only and does not constitute legal advice. Professional advice should be obtained based on individual circumstances. Rubert & Partners accepts no liability for actions taken in reliance on this content.