Family & Personal Status Law
The legislative framework: what the personal status legislation provides, and which of the two regimes governs your family.
Service 09
Personal Status and Family
Marriage, divorce, custody and inheritance, under the framework that applies to you.
Which framework applies to your family matter is decided before anything else, and for most residents of Dubai it is no longer the one they expect.
Federal Decree-Law No. 41 of 2022 on Civil Personal Status, with its Executive Regulations in Cabinet Resolution No. 122 of 2023, provides a civil framework for non-Muslims. Under it the general rule after divorce is joint custody shared between both parents. Federal Decree-Law No. 41 of 2024 issues the Personal Status Law that applies otherwise, under which custody and guardianship are treated separately.
Establishing which of those applies to you, and whether the law of your home country can be elected instead, is the first piece of work in almost every matter of this kind. It changes the procedure, the timeline and the likely outcome.
Custody ordinarily continues until the child reaches 18, and a child aged 15 or over may express a choice as to which parent to live with, unless the court decides otherwise in the child's interests. Proceedings in a family matter ordinarily begin with the family guidance stage before the case moves forward.
What we do
Family Lawyer in Dubai
Divorce and separation
Child custody and visitation rights
Alimony and financial support
Marriage contracts and legal documentation
Inheritance and estate distribution
Establishing which framework applies
Whether your matter falls under the civil framework for non-Muslims, the Personal Status Law, or the law of your home country, and what each would mean for it.
Protection of Rights
Ensuring fair treatment in legal proceedings
Conflict Resolution
Assisting in mediation and amicable settlements
Instructing an advocate
preparing the file and briefing a registered advocate where the matter goes to court
Division of marital property and assets
International divorce considerations for expatriates
Custody, hadanah
The day-to-day care and upbringing of the child. Under the civil framework for non-Muslims it is shared jointly by both parents after divorce.
Guardianship (Decision-Making Authority)
Usually assigned to the father, involving financial and legal responsibilities
How the work runs
- 01
Initial Consultation
Understanding your situation and legal needs
- 02
Legal Assessment
Reviewing documents and applicable laws
- 03
Strategy Development
Creating a plan tailored to your case
- 04
Negotiation or Mediation
Attempting amicable resolutions
- 05
Instructing an advocate
preparing the file and briefing a registered advocate where the matter goes to court
- 06
Final Resolution
Achieving a fair and practical outcome
Questions we are asked
Why choose the firm as your family lawyer in Dubai?
Selecting the right family lawyer is crucial for achieving the best possible outcome. Here’s why clients trust the firm:
Who can hire a family lawyer in Dubai?
Anyone dealing with family-related legal matters such as divorce, custody, or inheritance, can hire a family lawyer.
How long does the divorce process take in Dubai?
The duration depends on the complexity of the case, but a lawyer can help streamline the process.
How is child custody decided in Dubai?
Custody decisions are based on the best interests of the child, considering factors such as age, welfare, and parental capability.
Can family disputes be resolved without going to court?
Yes, many cases are resolved through mediation and negotiation without litigation.
Are family law consultations confidential?
Yes, all consultations are handled with strict confidentiality and professional ethics.
Which law applies to a non-Muslim divorce in the UAE?
A federal civil personal status framework applicable to non-Muslims was introduced by Federal Decree-Law No. 41 of 2022, and separate arrangements exist in certain emirates and financial free zones. Which applies depends on the parties and the circumstances of the marriage, and it is the first question we resolve.
Can we divorce here if we married abroad?
Frequently yes, subject to the jurisdictional requirements. The foreign marriage certificate will need to be attested and legally translated. Whether it is preferable to proceed here or in the country of the marriage is a separate question we advise on.
Can expatriates file for divorce in Dubai?
Yes, expatriates can file for divorce under UAE law, though international laws may apply depending on nationality, residency, or agreements. A lawyer can navigate cross-border legal considerations.
Can fathers get custody of their children in Dubai?
Yes, fathers can obtain custody depending on the circumstances and what the court determines is best for the child.
Can custody arrangements be changed later?
Yes, custody orders can be modified if there is a significant change in circumstances.
General information about this service, not advice on your matter. Legislation is named for orientation. See our terms of use.