British Expat Divorce in the UAE (Dubai)

Stowe Family Law advises on international divorce throughout the Middle East, assisting clients in the processes and best practices that need to be followed in order to go through the English courts and achieve their desired outcome under English law.

Holly Lamb, Head of International at Stowe Family Law, is an expert in dealing with all matters pertaining to international family matters, including International Divorce and International Child Law.

Holly and the international divorce lawyers at Stowe work alongside clients to understand their needs, before advising on the next steps to achieve the desired outcome in their expat divorce case.

The United Arab Emirates (UAE) is made up of seven Emirates: Abu Dhabi, Dubai, Fujairah, Ajman, Ras Al Khaimah, Sharjah and Umm Al Quwain – all of which are governed by the same legal system.

In principle all laws remain the same throughout the UAE; however, some Emirates choose to interpret and implement these laws with differing levels of strictness.

In short, yes. Expatriate residents can file for divorce in their home country (domicile) or apply for divorce in the UAE.

If the parties wish to have the law of their home country applied, they may petition for this before the court.

Islamic marriages are governed by Sharia Law, meaning the husband may divorce the wife. However, the wife can only divorce the husband if stated  that she may do so in the marriage contract.

There is no spousal support on separation under Sharia and UAE law, as well as no provision for the sharing of assets, wealth or income during or after divorce.

Fathers are unable to claim spousal maintenance from  ex-wives even in the circumstance that he is granted custody of the children.

A father is liable for his children’s education and living expenses, including rent and domestic employees’ salaries. These payments are calculated based on the father’s income and limited to 30% of his income. However, a father can choose to pay more if he wishes.

Unlike in the UK, parents do not share equal parental responsibility and rights for their children. In the event of a divorce, parents take on different roles as far as the children are concerned. The mother becomes the custodian of the children, with the father becoming the childrens guardian.

As the custodian, the mother will have custody of the children and is responsible for caring for them – the mother will retain this custody providing she meets the following criteria:

• deemed to be of sound mind
• honest
• free from infectious disease
• not been convicted of a “dishonourable crime”.

Once the children reach a certain age (11 for boys and 13 for girls) custody moves from the mother to the father – unless the father is not an appropriate custodian – in which case custody will be given to the maternal grandmother, paternal grandmother or sisters.