Civil Divorce and Its Legal Effects under UAE Law

Civil Divorce and Its Legal Effects under UAE Law

A Legal Guide by Enjaz Online – Ahkam Transactions and Legal Consultations

The United Arab Emirates is committed to regulating civil divorce in a manner that serves the interests of residents and ensures fairness between spouses. In this context, Federal Decree-Law No. (41) of 2022 on Civil Personal Status was enacted to govern civil divorce procedures and their legal consequences.

Through Enjaz Online, the digital legal services platform of Ahkam for Legal Transactions and Consultations, we provide professional legal support and consultations related to civil divorce cases in the UAE, in accordance with the applicable laws and judicial practices.

🔗 Learn more about our services:
https://enjazuae-legalservices.ae/

Overview of Civil Divorce in the UAE

Marital life may sometimes reach a stage where continuation becomes impossible due to irreconcilable differences. In such cases, divorce becomes a legal solution to dissolve the marital bond in a regulated and equitable manner.

Civil divorce is one form of dissolution of marriage recognized under UAE law. The legislator has granted both spouses equal and independent rights to request divorce before the court, without prejudice to their respective rights arising from the divorce.

First: Occurrence of Civil Divorce

Civil divorce differs procedurally from other forms of divorce. One of its key distinctions is the exemption from referral to Family Guidance Committees.

Article (3) of the Civil Personal Status Law provides that:

Civil divorce cases filed under this Decree-Law shall be exempt from referral to Family Guidance Committees and shall be submitted directly to the court, which may issue its judgment from the first hearing.

Second: Civil Divorce Procedures

Divorce by Unilateral Will

Article (7) of the Civil Personal Status Law stipulates that:

It is sufficient for either spouse to express before the court their desire to separate and not continue the marital relationship, without the need to justify the request, prove harm, or assign blame to the other party.

Furthermore, Article (8) provides that:

Either spouse may request divorce without proving harm, using the prescribed form. Divorce shall take effect by court judgment after notification of the other party.

Third: Legal Effects of Civil Divorce

The occurrence of divorce gives rise to several legal rights and obligations, most notably:

Alimony for the Divorced Wife

Following divorce, the wife has the right to claim alimony. If the spouses did not agree on alimony or financial terms in the marriage contract, the court exercises discretionary authority based on the criteria set out in the law.

Article (9) of the Civil Personal Status Law provides that the court may consider the following factors:

1. Duration of the marriage
2. Age of the wife
3. Financial status of both spouses, based on a court-appointed financial expert report
4. Contribution of either spouse to the divorce through fault or negligence
5. Compensation for material or moral damage resulting from divorce
6. Financial harm caused by unilateral divorce
7. Father’s obligation to cover custody-related expenses during joint custody (for up to two years)
8. Extent of the mother’s care for the children

In all cases, alimony shall lapse upon the wife’s remarriage or upon termination of her custody rights. A request to modify alimony may be submitted annually or upon a change in circumstances.

Child Custody under Civil Personal Status Law

The Civil Personal Status Law introduced the concept of joint custody, whereby custody of children becomes a shared and equal right between the father and the mother following divorce.

Article (10) provides that:

• Joint custody is the الأصل (general rule) after divorce
• Either parent may request sole custody if it serves the child’s best interest
• Either parent may waive custody rights in writing
• The court has discretionary authority to intervene in disputes related to joint custody
• The court always prioritizes the best interest of the child

Role of Enjaz Online – Ahkam Legal Services

Despite the clarity of legal texts, civil divorce cases require experienced legal professionals to ensure proper procedures, accurate drafting, and full protection of rights.

Through Enjaz Online, Ahkam for Legal Transactions and Consultations provides comprehensive legal services, including:

• Legal consultation on civil divorce cases
• Drafting and filing civil divorce claims
• Representation before UAE courts
• Handling alimony and custody matters
• Ensuring full compliance with UAE Civil Personal Status Law

🌐 Visit our website to submit your legal request online:
https://enjazuae-legalservices.ae/

📞 Contact us today to obtain an initial legal consultation regarding civil divorce in the UAE.

Ahkam Transactions and Legal Consultations
Legal Consultant
Mostafa Ahmed Abdelsalam