Family Law Advice in UAE: Divorce, Custody & Inheritance

Handling family matters in the UAE can feel complex for many residents. During emotionally challenging times like divorce or custody disputes, legal clarity is essential. With rising divorce rates and evolving regulations, many individuals are unsure of their rights. That’s where Family Law Advice in UAE becomes crucial, offering guidance to help families navigate legal uncertainties with confidence.

Recent legal reforms have introduced clearer pathways for separation, shared custody, and fair inheritance, benefiting both Muslim and non-Muslim families. You no longer need to worry about dividing assets, securing your child’s future, or understanding your inheritance rights—up-to-date legal advice is now readily available to protect your family’s best interests.

Divorce Law in the UAE: Grounds and Process

Under the new Personal Status Law (Federal Decree Law No. 41 of 2024), effective April 15, 2025, the rules around divorce have become more balanced and transparent.

• The law now recognizes drug addiction, imprisonment, medical incapacity, and abandonment as valid grounds for divorce.
• The arbitration period shortens, from 90 to 60 days. This makes the process faster.
• Husbands must register the divorce in writing within 15 days. If they fail to do so, wives may seek compensation.

What changed:

• Tatleeq (Court‑Ordered Divorce) is now clearly codified for specific reasons.
• Expats may choose to apply their own national law if no foreign law was previously selected.

Child Custody & Guardianship: Key Reform Highlights

Enrich your knowledge about your legal rights before it’s too late. We’ll be discussing the new reforms regarding child custody and guardianship.

Equal Custody Until Age 18

The new law extends custody rights uniformly until children reach 18, removing older cutoffs of 11 for boys and 13 for girls.

Child’s Choice at 15

Once children turn 15, they may legally choose which parent they prefer to live with. This is subject to courts confirming that choice serves their interests.

Relaxed Relocation Rules

Mothers now retain custody even if they move out of the marital home, as long as the child's welfare remains intact.

Travel Rights Clarity

Parents may now travel with children without explicit consent from the other parent for up to 60 days per year, pending court authorization. Penalties apply for failing to return travel documents.

Parental Roles

Mothers typically hold custodial roles, providing daily care and decision‑making. Fathers maintain guardianship and are responsible for financial support and major decisions. Both share these duties in many cases.

These changes reinforce the “best interests of the child” principle and reflect modern perspectives on parenting responsibilities.

Divorce on Financial Support & Inheritance

Divorce is difficult for both parties. It sometimes comes with emotional damage and, most of the time, it brings financial constraints. Avail your legal right to get the financial support you deserve.

Alimony & Compensation

Wives can now claim alimony in cash, in kind, or through benefits, with courts able to retroactively award payments for up to six months. Family courts may also award compensation for moral or physical harm caused during marriage.

Inheritance Reforms

For Muslims, inheritance continues under Sharia, but the 2025 law introduces a designated Estate Judge and clearer probate jurisdiction.

Non‑Muslim residents can still register wills under the DIFC or Abu Dhabi Judicial Department frameworks, preserving full testamentary freedom.

Financial Protections

The law strengthens rights to joint marital property and prohibits unilateral sale or rental without mutual consent. It also imposes penalties for misuse of inheritance or neglect of parents.

Practical Guidance: Divorce, Custody & Inheritance

We’ve compiled a few resorts for divorce, custody, and inheritance scenarios in the form of a table:

Issue Divorce grounds

Advice Identify eligible grounds under the new law: addiction, abandonment, illness, imprisonment

Issue Custody decisions

Advice Understand that both parents share custody until 18; children aged 15+ can state a preference

Issue Parenting roles

Advice Mothers provide daily care, fathers offer guardianship; both contribute equally in civil cases

Issue Financial rights

Advice Track alimony payments, claim compensation if appropriate, and protect inheritance rights

Issue Inheritance paths

Advice Non‑Muslims should register wills under DIFC or ADJ; Muslims must engage with Sharia processes

Always seek a Child Custody Lawyer in UAE or a qualified family law advisor to navigate your unique situation under the new régime.

Child Adoption & Guardianship

The new personal status law focuses mainly on custody post‑divorce. The UAE also allows the adoption of children via guardianship. True adoption under Western law remains limited but qualified individuals. The expats can apply for kafala guardianship, especially in cases involving wards of the state.

This system allows guardians to manage a child's care, education, and daily life. Though legal guardianship differs from biological parenthood. Consultation with legal experts is essential for families considering child adoption UAE.

Legal Rights of Parents in Child Custody

• Both parents have legal rights and responsibilities regarding child welfare, even if living apart.
• Mothers typically serve as custodians; fathers act as financial guardians.
• Courts now consider children’s preferences from age 15.
• Joint custody is now a more accepted model, especially under civil personal status law for non-Muslims.

If the non‑custodial parent fails to honor visitation rights, courts can enforce compliance. Legal interventions are available for enforcement.

Engaging a Child Custody Lawyer in the UAE ensures your legal rights. From custodial or guardianship, they become enforceable.

Getting Legal Advice: When & How

• Seek advice early if contemplating divorce, joint separation, or guardianship transitions.
• Document marital assets, child support payments, and communications. These underpin stronger cases.
• Verify whether you qualify under the Muslim or Civil Personal Status Law, especially for inheritance or divorce.

Choose a law firm with current experience in the 2025 reforms and strong representation in both Sharia and DIFC family courts.

Summary & Final Thoughts

The 2025 reforms mark a progressive shift in the UAE's family law landscape. Many families enjoy stronger legal clarity with extended custody age to 18 and child choice at 15. Plus, they can avail themselves of clearer travel rights and improved financial protections

These changes streamline divorce proceedings for Muslims and non-Muslims alike. While protecting children’s interests and inheritance rights.

Facing divorce, custody disputes, or planning a will? You must rely on expert Family Law Advice in the UAE. You can obtain the services of Connect Legal in this regard. We’ll let you know your legal rights and equip you with accurate, up-to-date guidance tailored to your family’s needs.

FAQs

Q: Can both Muslim and non-Muslim residents apply the new family law?

Yes! Muslims fall under the federal personal status law; non‑Muslims may opt in or apply their home country’s law under civil status frameworks.

Q: At what age can children choose which parent to live with?

Once they reach 15 years old, children may express a preference, subject to court review.

Q: What are the legal rights of parents in child custody?

Mothers generally provide daily care; fathers retain financial responsibility and major decisions. Both parents share duties in many non‑Muslim cases.

Q: How does inheritance differ between Muslims and non‑Muslims?

Muslims follow Sharia inheritance rules under the new law; non‑Muslims may register civil wills. Especially through DIFC or Abu Dhabi judicial bodies.

Q: Can an adoptive guardianship be established in the UAE?

 Official adoption remains limited. Guardianship through kafala is permitted under specific conditions, requiring legal advice.