Family Law& Personal Status Cases

Which family law applies to you in the UAE?

The first question in any family matter is which law governs it, because the answer changes the procedure, the rights of each spouse and the likely outcome. Since 15 April 2025, family matters for Muslims in the UAE are governed by Federal Decree-Law No. 41 of 2024 on Personal Status, which replaced the 2005 law. It covers engagement, marriage, divorce, khula, maintenance, custody, guardianship, wills and inheritance.

Non-Muslims have more options. Federal Decree-Law No. 41 of 2022 on Civil Personal Status sets out a civil framework for non-Muslim residents, including divorce at the request of either spouse and joint custody. In Abu Dhabi, Law No. 14 of 2021 created a dedicated civil family court for non-Muslims. In some cases a non-Muslim couple can also ask the court to apply the law of their home country. Choosing the right framework at the start is one of the most valuable things a family lawyer does, and it is the first thing we review in a consultation.

What our family law team handles

• Divorce and khula: mutual-consent divorce, divorce for harm, khula and civil divorce for non-Muslims, including the financial settlement.
• Child custody and guardianship: custody claims and defences, visitation schedules, travel permissions and educational decisions.
• Maintenance (nafaqa): claims for wife and child maintenance, housing, school fees, and requests to increase or reduce maintenance after circumstances change.
• Marriage matters: proving a marriage, registering a marriage contract, prenuptial terms and disputes over dowry.
• Paternity and lineage: establishing or denying paternity, including DNA evidence.
• Wills and inheritance: drafting wills, distributing estates and resolving disputes between heirs.
• Enforcement: executing family judgments in the UAE and recognising foreign family judgments.

The family law process in Dubai, step by step

1. Legal assessmentWe review your marriage certificate, residency, nationality and religion to confirm which law and which court apply, and what you can realistically achieve.
2. Documents and translationForeign certificates usually need legalisation and a certified Arabic translation before they can be filed.
3. Family Guidance referralMost personal status disputes are referred to the Family Guidance and Reconciliation section first. A settlement reached there becomes enforceable once a judge approves it.
4. Filing the claimIf no agreement is reached, the Family Guidance section issues a referral letter and the claim is filed with the Personal Status Court, usually online through the Dubai Courts portal.
5. Hearings and evidenceThe court hears both sides, reviews documents and witnesses, and may appoint arbitrators to attempt reconciliation within 60 days in divorce cases.
6. JudgmentThe court rules on divorce, custody, maintenance, housing and other claims together where possible.
7. AppealEither party may appeal within the legal deadline, which is generally 30 days from the judgment.
8. EnforcementIf the other party does not comply, we open an execution file to enforce maintenance, custody or visitation orders.

Urgent matters such as temporary maintenance, temporary custody and travel bans do not have to wait for the Family Guidance stage. They can be requested directly from the court when there is a real risk to you or your children.

How long does a family case take in Dubai?

Timelines depend on whether the other side cooperates, how complete your documents are, and whether either party appeals. The ranges below are typical estimates, not guarantees.

Family law fees and costs

Every family case has two kinds of cost: official fees and legal fees.

• Court fees: Dubai Courts charge a fixed fee for most non-financial personal status claims, such as divorce or custody, and a fee based on the amount claimed for financial claims, such as unpaid maintenance or dowry. The current amount for your claim can be checked with the fee calculator on the Dubai Courts website before filing.
• Translation and attestation: foreign marriage and birth certificates must be legalised and translated into Arabic by a translator licensed by the Ministry of Justice. These costs vary by document and country of origin.
• Expert and enforcement costs: DNA tests, financial experts and execution files carry their own fees where they are needed.
• Our legal fees: we quote after a confidential assessment of your case. Uncontested matters are usually handled for a fixed fee agreed in advance. Contested cases are quoted by stage, so you know the cost of each step before it starts.

Key changes under the 2024 Personal Status Law

• Custody now continues until the child turns 18 for both boys and girls, instead of 11 for boys and 13 for girls.
• A child aged 15 or over can choose which parent to live with.
• The minimum marriage age is 18.
• Divorce and reconciliation must be documented at court within 15 days. A husband who delays documenting a divorce can be ordered to compensate his wife.
• Arbitrators must try to reconcile the spouses within 60 days, down from 90.
• Taking a child abroad without the other parent's consent or a court order can be punished with a fine of AED 5,000 to AED 50,000 or imprisonment.
• Non-consumable engagement gifts worth more than AED 25,000 can be reclaimed if they were conditional on marriage.

How to prepare before your first consultation

• Bring your marriage certificate, children's birth certificates, passports and Emirates IDs.
• Note your income, your spouse's income if known, rent, school fees and other regular expenses.
• Keep messages, emails and other evidence relevant to the dispute, and do not delete them.
• Write down what you want to achieve, such as custody, a specific maintenance amount or a quick settlement.
• Do not travel with your children or move them out of the family home without legal advice first.

Why work with Husain Al Ali Advocates

Husain Al Ali Advocates & Legal Consultants is a Dubai law firm with rights of audience before the UAE courts. We advise Emiratis, Arab nationals and expatriates in Arabic and English, and we handle family matters with strict confidentiality. Our approach is to look for a fair settlement first, because it protects children and costs less, and to litigate firmly when settlement is not possible.

Our office is at Office 411, Oud Metha Offices, Umm Hurair 2, Dubai. You can call us on +971 4 451 0523 or message us on WhatsApp to book a confidential consultation.

This page is general information about UAE law, not legal advice. Laws and procedures change, so please speak to a lawyer about your specific situation.

Related guide: How to file for divorce in the UAE, step by step

Do not rely solely on the information available on the website; you should consult a lawyer to clarify many matters.

Frequently asked questions

Which law applies to my divorce in the UAE?

Muslims are governed by Federal Decree-Law No. 41 of 2024. Non-Muslims can usually rely on the civil personal status law, Federal Decree-Law No. 41 of 2022, and in some cases ask the court to apply the law of their home country. The right choice depends on your nationality, religion and where you married.

Do I have to go to Family Guidance before filing a case?

Most personal status disputes are referred to the Family Guidance and Reconciliation section first. Urgent matters, such as temporary maintenance, temporary custody and travel bans, and matters where reconciliation is not possible can go directly to court.

What is the custody age under the new UAE law?

Custody now lasts until the child turns 18 for both boys and girls. From age 15, the child can choose which parent to live with.

How long does a divorce take in Dubai?

A mutual-consent divorce with complete documents can be finalised in a few weeks. A contested divorce usually takes two to five months at first instance, plus more time if either party appeals.

How is child maintenance calculated?

There is no fixed formula. The court looks at the father's income and means, the child's needs, school fees, housing and the standard of living the child is used to. Maintenance can be increased or reduced later if circumstances change.

Can I travel abroad with my child without the other parent's consent?

No. Taking a child out of the UAE without the other parent's consent or a court order can lead to a fine of AED 5,000 to AED 50,000 or imprisonment. If consent is refused, you can ask the court for permission.

Can non-Muslim expatriates divorce in Dubai?

Yes. Non-Muslim residents can file for divorce in the UAE, usually under the civil personal status law, which allows either spouse to request divorce. Foreign documents must be legalised and translated into Arabic.

Do I need a lawyer for a family case in Dubai?

You can attend Family Guidance yourself, but a lawyer helps you choose the right law, protect your financial and custody rights in any settlement, and present your case properly in court. Most people find this saves time and money overall.

How much does a family lawyer cost in Dubai?

It depends on the type of case and whether it is contested. We quote after a confidential assessment. Uncontested matters are usually fixed-fee, and contested cases are quoted by stage. Court, translation and attestation fees are paid separately.

Is a family case confidential?

Yes. Personal status hearings are not open to the public, and we treat every client matter as strictly confidential.