Divorces do not necessarily always have to be due to mistakes that could be pointed out in each other. Many marital relationships end with a mutual understanding that the parties are unable to live together. In such cases, for expatriates in the UAE, there is a provision of no-fault divorce. The concept of “no-fault divorce” for non-Muslim expats was primarily introduced through Abu Dhabi Law No. 14 of 2021 on Personal Status for Non-Muslim Foreigners and applies directly in the Emirate of Abu Dhabi.

After the introduction of the federal non-muslim personal status framework under Federal Decree Law No. 41 of 2022 on Civil Personal Status, a similar no fault divorce principles are available across UAE for all the expatriates. The framework allows non-Muslim expats to seek divorce without proving fault, harm, or misconduct. If the parties do not request the application of their home country law, UAE civil personal status law applies.

What is No-Fault Divorce?

It is a form of divorce where either of the spouse can seek divorce without proving fault or proving any harm or misconduct and unilateral declaration is sufficient.

Divorce Procedures under Abu Dhabi Law No. 14 of 2021 on Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi

  1. Unilateral Right to Divorce – Either of the spouse may request divorce independently. There are no requirements to prove harm, prove fault, justify the reason for separation, or blame the other spouse.
  2. Filing the Divorce Application – Either of the spouse should file an application in the court by filling a form.
  3. Notification to the Other Spouse –The other spouse must be formally notified about the divorce proceedings.
  4. Divorce in the First Hearing – If it is a straightforward case the divorce may be granted in the first court session after registration of the case.
  5. No Mandatory Family Guidance or Reconciliation -The case does not need to be referred to family guidance or reconciliation committees before divorce.
  6. Court-Issued Divorce Judgment – The divorce becomes legally effective through a judgment issued by the court.
  7. Post-Divorce Financial Claim – After the divorce judgment, the wife may submit claims for:

1. alimony,

2. financial support,

3. compensation,

4. and custody-related expenses.

Federal Decree-Law No. (41) of 2022 On the Civil Personal Status

  1. No-Fault Divorce System – Under this law either of the parties can express their wish to get separated without justifying the desire or the harm or blame the other party.
  2. Filing the Divorce Application – Similar to the Abu Dhabi laws a form must be filled with all the necessary details to file a divorce.
  3. Court-Issued Divorce Judgment – The divorce shall happen in virtue of a court decision.
  4. Financial Support and Alimony – The wife may request post-divorce financial support. The court determines alimony based on:

1. Duration of marriage,

2. Age,

3. Financial condition,

4. Contribution to divorce,

Financial and child-related matters

Financial and child-related matters are dealt with separately from the divorce proceedings. The court generally issues the divorce judgment first, while issues such as alimony, child custody, and division of shared assets are resolved subsequently through post-divorce applications submitted before the same court using the prescribed forms.

Conclusion

The introduction of no-fault divorce laws for non-Muslim expatriates reflects the UAE’s progressive approach towards family law and dispute resolution. By allowing either spouse to seek divorce without proving fault or harm, the law simplifies the legal process and reduces unnecessary conflict between parties.

We at Ayesha Aldhaheri Advocates & Legal Consultants, we assist clients with divorce proceedings, alimony claims, child custody matters, and other family law disputes across the UAE. Our team provides strategic legal guidance to expatriates navigating civil personal status laws and post-divorce financial.