Personal status law for non-Muslim expatriates in the UAE

Personal status covers marriage, divorce, custody, guardianship and inheritance. For years a single framework governed all of it. That is no longer the position, and the difference matters most to the people least likely to know about it.

The civil framework for non-Muslims

Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides a civil framework for non-Muslims, with Executive Regulations issued in Cabinet Resolution No. 122 of 2023. It provides for civil marriage, for divorce without proof of fault, and for joint custody shared between both parents as the general rule after divorce.

Divorce without proof of fault is the provision that surprises people most. Neither spouse has to establish that the other did something wrong.

The framework that applies otherwise

Federal Decree-Law No. 41 of 2024 issues the Personal Status Law that governs where the civil framework does not. Under it, custody and guardianship are treated separately rather than as a single joint arrangement, which is a different starting point for any discussion about children.

Abu Dhabi is not identical to the federal position

Abu Dhabi operates its own civil marriage law, which differs from the federal position in places, including the minimum age to marry. Where a matter touches more than one emirate this is worth establishing early, rather than assuming the federal position applies everywhere in the same way.

Can you elect the law of your home country

In some circumstances yes. Whether it is available, and whether it is preferable, depends on the parties and on the circumstances of the marriage. It is a question to answer before proceedings are started, because it changes the procedure, the timeline and the likely outcome.

Where a family matter actually starts

With one question, which is which framework applies to you. In almost every matter of this kind that is the first piece of work, and it is not a formality. It decides everything that follows it.