Divorce among Muslim couples in UAE is governed by Federal Decree-Law No. 41 of 2024 on Personal Status Law, which regulates family matters such as marriage, divorce, custody, and maintenance. The law applies to marriages between Muslim spouses and also to marriages where the husband is Muslim and the wife is non-Muslim. It establishes an organised legal framework to ensure that divorce procedures are conducted fairly while safeguarding the rights of both spouses and their children.

Types of Divorce

Under Article 59 of the Personal Status Law, divorce is divided into two main types: revocable divorce and irrevocable divorce.

A revocable divorce is one where the marriage is not immediately terminated. Instead, the marriage remains valid during the wife’s waiting period, known as iddah. During this period, the husband has the right to reconcile with his wife without the need to enter into a new marriage contract.

An irrevocable divorce, on the other hand, immediately ends the marriage once it occurs. If the spouses later wish to reunite, they must enter into a new marriage contract in accordance with the law.

Methods of Divorce

The law recognises several methods through which divorce may be effected.

  1. Divorce by verbal pronouncement: The husband may divorce his wife by pronouncing the divorce in the presence of a witness or by a documented declaration of evidence. If the husband wishes to appoint another person to pronounce the divorce on his behalf, this is also permitted provided there is an official power of attorney.
  2. Khula: Khula is a separation between the couple based on the wife’s request and the husband’s acceptance, in return for compensation paid by the wife or by another person. Khula is considered an irrevocable divorce. In Khula, it is not permissible to agree on waiving any of the children’s rights, including their maintenance and custody. The law explicitly allows a Muslim wife to claim Khula (wife’s divorce) through a judge’s decision even if the husband does not consent. Previously Khula typically required the husband’s agreement.
  3. Judicial divorce: Either spouse may submit an application for divorce through the court if the divorce is not effected by mutual declaration between the spouses, where there are legal grounds justifying divorce. It must be registered with the court in order to be official, valid and legally recognised.

 Divorce Procedure in the UAE

Divorce proceedings in the UAE generally follow a structured process designed to encourage reconciliation before litigation.

Steps for filing a divorce in the UAE

  1. Registration of the divorce application – one of the spouses (or both) must register a divorce case with the Family Guidance Section in one of the emirates of the state.
  2. Scheduling a family counselling session – the competent authority coordinates between the parties to set an appointment for a meeting with the family counsellor.
  3. Attending the family counsellor meeting (mandatory procedure) – the meeting with the family counsellor is a mandatory step to complete the divorce procedures in the UAE. During the session, the spouses are allowed to present their views and express concerns and issues related to marital life, whether in the presence of a legal representative or in their absence.
  4. Attempt at reconciliation or amicable divorce – at this stage, an amicable divorce may be reached if both parties agree, whereby an agreement on mutual understanding between the spouses is drafted and the agreement is signed before the family counsellor for official approval.
  5. Referral of the dispute to the court in the absence of an agreement – if one or both parties insist on divorce without reaching an amicable settlement, the family counsellor issues a referral letter enabling them to file the case before the competent court. The number of hearings varies from case to case, until a judicial ruling is issued.
  6. Submission of the referral letter and commencement of court proceedings – the referral letter must be submitted to the court within one month from the date of its issuance. The court then commences divorce proceedings at its discretion, during which, each party – submits the evidence and documents in their possession, and
    – presents their legal defence before the court.

Documentation of Divorce

According to Article 58 of Federal Decree-Law No. 41 of 2024 on Personal Status Law, the husband is required to document the divorce before the competent court within fifteen days from the date it occurs.

If the husband fails to register the divorce within this period without a valid reason accepted by the court, the wife has the right to claim compensation equivalent to maintenance from the date the divorce occurred until the date it is officially documented. This provision ensures legal certainty and protects the financial rights of the wife.

Women’s Rights After Divorce

Divorce under UAE law gives rise to several legal and Sharia-based rights and obligations. One of the most important is the waiting period (iddah), during which certain marital rights and responsibilities continue.

Women may also be entitled to maintenance and housing, particularly during the waiting period. Where children are involved, additional rights arise relating to child custody, maintenance, and visitation arrangements.

These protections aim to ensure that the interests of both the wife and the children are safeguarded following the dissolution of marriage.

Conclusion

The UAE’s Personal Status Law provides a comprehensive framework for regulating divorce among Muslim couples. By recognising different forms of divorce and requiring counselling and court supervision, the law seeks to balance religious principles with modern legal safeguards. At the same time, it emphasises the protection of family members, particularly women and children, ensuring that their rights remain secure even after the end of a marriage.