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Dr. Hassan Elhais

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Amal Alrashedi Lawyers & Legal Consultants

United Arab Emirates

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Divorce Between Two Different Nationalities in the UAE: A Practical Guide

By Dr. Hassan Elhais

– posted 2 hours ago

An international marriage can connect a family to several countries. The spouses may hold different passports, have married in a third country and now live in the UAE. Their children, property and financial commitments may add further connections.

A divorce between two different nationalities in the UAE requires those connections to be examined carefully. The initial questions concern which court can hear the case, which law governs the issues and where the eventual decision will need to be recognised. The answers help determine the documents, applications and advice required.

Record the family connections before choosing a route

Begin with each spouse’s nationality, any additional citizenship, religion, current residence and residence history. Record where and when the marriage took place and identify the authority that issued the certificate.

Include the children’s residence, schooling and current care arrangements. List property, accounts, businesses and significant debts by country. Tell the adviser about any existing claim, agreement or order, even if it appears to concern only one part of the separation.

For example, spouses living in Dubai may have a marriage certificate from one country and a jointly owned home in another. The divorce application and arrangements concerning that home may require different legal steps. The consultation should identify those connections before either spouse commits to a particular course.

Establish whether the UAE court has jurisdiction

Nationality alone does not resolve jurisdiction. Articles 3 and 4 of Federal Decree Law No. 41 of 2024 address UAE court competence, including connections through domicile, residence or work and specified cases involving respondents abroad.

Provide accurate addresses and explain whether either spouse has left the UAE. If proceedings have already begun elsewhere, supply the complete papers and dates. The adviser should assess the proposed UAE application in light of those circumstances.

It is also useful to distinguish the immediate request from the longer term objective. You may need a divorce decree, an interim financial arrangement or a decision concerning children. Ask which court can address each issue and what coordination is required.

Identify the applicable personal status framework

Federal Decree Law No. 41 of 2022 provides a civil personal status framework for non Muslims within its scope, including foreign residents. Article 1 also addresses requests for home country law and agreement to another applicable UAE personal status framework.

Federal Decree Law No. 41 of 2024 is also central to the analysis. Its Article 1 applies to non UAE citizens subject to permitted requests for their own law or another agreed law allowed by UAE legislation.

Abu Dhabi has a separate civil family framework whose eligibility and jurisdiction requirements require their own assessment.

ADJD statistics reported by Emirates News Agency on 19 January 2026 record 640 civil divorce cases handled by the Abu Dhabi Civil Family Court in 2025. This court-specific figure gives context to the civil family route; eligibility and jurisdiction still require assessment for each couple.

The adviser should explain why the proposed framework applies to the particular spouses. Where their religions differ, or one spouse is a UAE citizen, those facts should be addressed expressly. A description such as “expat divorce” does not answer the legal questions by itself.

Understand the current conflict of laws provisions

The Civil Transactions Law issued by Federal Decree Law No. 25 of 2025 took effect on 1 June 2026. Article 13 connects marital effects and divorce to the law of the country where the marriage was concluded, while Article 22 preserves conflicting provisions in special legislation and applicable treaties.

These rules need to be read with the relevant personal status legislation. They should not be used in isolation to assume that one spouse’s nationality or the marriage location automatically settles every issue.

In a mixed nationality divorce in the UAE, request a clear explanation of the proposed legal position. It should identify the relevant facts, the provisions relied upon and any question that requires further evidence. If the spouses propose different laws, the adviser should address how that disagreement will be presented.

Prepare any request to apply foreign law properly

A spouse seeking foreign law should identify the actual legal rules relied upon and discuss how their content will be established. Ask what authoritative material, explanation and translation the court will require.

The current Civil Transactions Law excludes foreign provisions that conflict with UAE public order or morals. It also provides for UAE law where the applicable foreign law or its meaning cannot be established.

The request should therefore be considered as part of the whole case. Examine its implications for the divorce itself, financial claims and any related questions. Avoid relying on a short internet summary or a rule extracted without the qualifications that apply to it.

If advice from another country is needed, give that adviser the same chronology and documents provided to the UAE team.

Clarify the divorce procedure and family guidance position

Under the federal civil personal status framework, either spouse may request divorce without proving fault or harm, with the other spouse duly notified. Article 3 excludes these divorce proceedings from referral to family guidance.

Under Article 8 of the 2024 Personal Status Law, the supervising judge may refer a suitable dispute to family guidance where reconciliation appears feasible, subject to statutory exceptions.

Ask which procedural route applies and what must be completed before a hearing. Service of documents, translations and any disputed jurisdiction or foreign law question should be addressed in the plan.

If both spouses agree to separate, explain which other matters remain unsettled. Agreement on ending the marriage may leave financial arrangements, housing or the children’s schedule to be resolved.

Review financial rights and ownership separately

Prepare a financial record showing income, regular expenditure, savings, property interests and liabilities. Include marriage agreements, evidence of contributions and documents concerning assets held through a company.

Ask the lawyer to distinguish maintenance, any compensation claim and ownership of particular assets. Under Article 9 of the federal civil personal status law, financial relief involves statutory factors and judicial assessment. A predicted percentage division without examining the applicable law and records is an inadequate basis for planning.

Where property is overseas, obtain advice on how any proposed agreement or order could be implemented there. If payments will be made across borders, address the currency, transfer method and responsibility for transaction costs.

Discuss immediate living expenses as well as final arrangements. Identify any urgent financial application that may need separate consideration.

Develop a detailed arrangement for the children

The federal civil framework provides for joint custody, with judicial powers directed towards the child’s interests. The 2024 law has its own custody and guardianship provisions, including the court’s consideration of the child’s best interests.

Prepare a realistic account of the children’s routine. Include school hours, medical needs, transport, accommodation and each parent’s availability. This helps the adviser assess how a proposed arrangement would operate.

For parents with different nationalities, also discuss contact with relatives overseas and the languages the children use. A parenting proposal should identify decision making, holidays, communication and how disagreements will be addressed.

Keep travel and relocation questions explicit. A general statement that both parents will cooperate may leave important practical decisions unresolved.

Address international travel before making commitments

Under Article 116 of the 2024 Personal Status Law, travel abroad with a child in custody involves the relevant written consent or judicial permission under the statutory conditions.

Ask how travel is governed under the framework applicable to your case and whether any existing order affects it. Explain the destination, purpose, proposed dates and return arrangements.

Permanent relocation requires its own assessment. Discuss schooling, accommodation, future contact and the legal steps necessary before committing to a move. Possession of a child’s passport should not be treated as an answer to the question of permission.

Where proceedings or orders exist abroad, give the UAE adviser complete copies so that any recognition or enforcement issue can be examined.

Check how the divorce will be used abroad

Before finalising a settlement, obtain advice in each country where the divorce or related orders need to be relied upon. Ask about recognition, document certification, translations, proof of service and evidence that the judgment is final.

This is particularly relevant where a spouse plans to remarry, change civil status records or implement financial arrangements overseas. Authentication of a document and legal recognition of the decision should be considered separately.

Keep certified copies of the judgment and an organised record of the proceedings. Identify who will obtain any additional certificate and who will submit the documents abroad.

Give coordinated instructions from the outset

A divorce between two different nationalities in the UAE benefits from clear responsibilities across the legal team. Agree which adviser will address UAE proceedings, which will advise on foreign law and who will review recognition or overseas assets.

Use a consistent chronology and disclose every related case. Ask for an initial plan covering jurisdiction, the proposed applicable law, children, finances and the documents still needed. This gives both the client and the advisers a practical basis for making the next decisions.

About the author

Dr. Hassan Elhais is a Legal Consultant at Amal Al Rashedi Lawyers & Legal Consultants in Dubai. His work includes advising individuals and businesses on UAE legal matters, including family, civil, commercial and criminal issues.

FAQs

1. Can spouses with different nationalities divorce in the UAE?

They may be able to do so, but the court’s jurisdiction, the spouses’ circumstances and the applicable legal framework must be assessed. Provide both spouses’ nationality, residence, marriage details and any existing proceedings.

2. Does nationality automatically determine the applicable divorce law?

No single connection should be considered in isolation. The relevant personal status legislation, current conflict of laws rules, marriage details and any permitted request for another law need to be considered together.

3. Can a spouse ask the UAE court to apply foreign law?

A request may be available within the applicable framework. The spouse should identify the rules relied upon and discuss how their content and meaning will be established, including translation and the limits imposed by UAE public order.

4. Does a UAE divorce automatically permit relocation abroad with a child?

Divorce and permission for a child’s travel or relocation require separate consideration. Review the applicable custody framework, written consent, judicial permission and any existing order before making commitments.

5. Will a UAE divorce automatically be recognised in another country?

Recognition depends on the law and requirements of the country where the decision will be used. Obtain advice there about finality, service, certification and translation before relying on the judgment abroad.