ADJD Chairman Decision No. 8 of 2022 on Civil Marriage and Divorce Regulations defines the jurisdiction of the Abu Dhabi Civil Family Court in handling civil family matters for non-Muslim citizens and foreigners, focusing on three fundamental pillars.

The court’s subject matter jurisdiction, as set out in Article 3, grants it authority over disputes and claims arising from civil marriages, divorces, and their effects. This includes resolving issues such as alimony, custody, and inheritance, as well as handling interim matters like travel bans, asset seizures, and proof of parentage. The court is also empowered to register and enforce civil wills and inheritance matters when the related assets exist within the UAE. Additionally, it addresses interlocutory applications and preliminary matters that are essential for ensuring justice in family disputes, always prioritising the child’s best interests in cases involving custody.

Article 4 outlines the court’s territorial jurisdiction, which is tied to a clear connection with Abu Dhabi. Jurisdiction applies when the parties involved have a domicile, residence, or place of work in the Emirate, or when the property in dispute is located there. It also covers cases where the marriage or divorce was conducted in Abu Dhabi or when the claimant resides in the Emirate. Even if a foreign defendant lacks a known domicile abroad, the court retains jurisdiction if other qualifying factors are met. The court has an obligation to determine, on its own initiative, whether it lacks jurisdiction in cases where the criteria outlined in this article are not satisfied.

Article 5 specifies the individuals to whom the provisions of this law apply. These include non-Muslim citizens, foreigners from countries that do not primarily apply Islamic law in family matters, and parties whose marriages were conducted under civil law. It also extends to cases where the marriage took place in countries governed by civil law systems, as listed in the guidance manual issued by the chairman of the department. In exceptional circumstances, the chairman may issue decisions to include additional cases under the law’s purview.

Overall, the decision ensures that the Abu Dhabi Civil Family Court operates within a clearly defined legal framework, addressing family disputes in a manner that reflects the Emirate’s commitment to fairness, accessibility, and respect for diverse legal traditions.

While the law’s principles are clear, its application has raised significant questions, particularly in relation to Muslim foreigners. Recent cases, such as the October 2024 ruling by the Abu Dhabi Court of Cassation, have highlighted the complexities involved. In that case, a French-Moroccan couple married in a civil ceremony in France sought a divorce under Abu Dhabi’s civil family law. Despite the wife’s contention that their shared Muslim faith precluded the application of the law, the court affirmed its jurisdiction, citing their French nationality and the secular nature of their marriage.

This decision is a turning point, suggesting that Muslim foreigners may access the civil family law framework if their nationality or the location of their marriage aligns with non-Sharia jurisdictions. It also highlights the court’s willingness to prioritise the legal framework chosen by the couple at the time of their marriage, offering a measure of predictability in an otherwise complex legal landscape.

As progressive as this law is, it is not without its challenges. One of the most significant issues lies in its scope of applicability. The lack of a comprehensive instruction guide leaves room for interpretation, particularly in cases involving dual-national families or individuals with ties to both Sharia and secular jurisdictions. Furthermore, inconsistencies in the Arabic and English translations of the law’s provisions have led to varying judicial interpretations, undermining the predictability that the law seeks to provide.

There is also the matter of cultural acceptance. While the law is tailored to non-Muslims, its potential application to Muslim foreigners has sparked debate, raising questions about its compatibility with traditional norms. For practitioners and scholars, this tension underscores the need for ongoing dialogue and judicial interpretation.

This legal evolution is a significant milestone for Abu Dhabi, enhancing its global appeal as a hub for expatriates. By addressing the diverse needs of its population, the emirate positions itself as a leader in family law innovation. However, to realise the full potential of this framework, further legislative clarity and consistent judicial practices are essential. Clearer guidelines, comprehensive translations, and robust case law development will be pivotal in ensuring that this progressive system achieves its intended objectives.

Although there is no explicit statutory provision within the Abu Dhabi Civil Family Court’s procedural framework regarding the granting of stays, the court has demonstrated a pragmatic approach when faced with complex jurisdictional conflicts. Specifically, where an anti-suit injunction has been issued by a foreign court, effectively restraining one or both parties from continuing proceedings in Abu Dhabi, the Civil Family Court has shown a willingness to accommodate these circumstances by pausing its own proceedings.

This practice typically arises in situations where both parties involved in the case jointly request a stay of the Abu Dhabi proceedings, citing the existence of the foreign injunction. In such cases, the Abu Dhabi Civil Family Court has been known to grant a temporary pause of up to three months. This stay provides a window of opportunity for the resolution of jurisdictional disputes or for the parties to comply with the foreign court’s directives without jeopardising the progress of the Abu Dhabi proceedings.

The rationale behind this approach reflects the court’s recognition of the need for judicial comity and respect for foreign judicial orders, particularly in cases involving international families where parallel proceedings might arise. By granting a temporary stay, the Abu Dhabi court balances its jurisdictional authority with the practical realities of international family law disputes.

However, it is important to note that such stays are not automatic. The court will typically consider the specific circumstances of the case, including:

• The terms and enforceability of the anti-suit injunction issued by the foreign court.
• The mutual agreement of the parties to pause the proceedings in Abu Dhabi.
• Whether granting the stay aligns with the overarching principles of justice and the best interests of any children involved.

The three-month period serves as a practical measure, allowing sufficient time for the parties to seek resolution or clarification of jurisdictional issues while ensuring that the proceedings in Abu Dhabi are not unduly delayed. This nuanced approach underscores the flexibility of the Abu Dhabi Civil Family Court in managing complex, cross-border family law disputes.

Should the parties fail to resolve the jurisdictional conflict within the allotted time, or if no further application is made to extend the stay, the Abu Dhabi proceedings typically resume, subject to the court’s procedural rules and its commitment to fair adjudication.

No, they don’t apply foreign law.

The introduction of no-fault divorce under Abu Dhabi’s legal framework is a transformative development, redefining the landscape of family law in the region. Traditionally, divorce in the UAE has been perceived as a contentious, often lengthy process, where allegations of fault or misconduct—such as infidelity, neglect, or abuse—played a central role in determining the outcome. This adversarial approach not only intensified the emotional strain on families but also made the process of separation more complex and uncertain.

Abu Dhabi’s new provisions for no-fault divorce, particularly under Article 12 of Regulation 8/2022, mark a departure from this contentious model. The law introduces a simplified and non-confrontational process, whereby either spouse can unilaterally request a divorce without the need to prove fault or justify their decision. The language of the regulation is particularly clear and progressive: “It is sufficient for one of the spouses to express before the court his/her desire to separate and not continue the marital relationship, without the need to justify that request or blame the other party or prove his/her fault.”

This approach significantly reduces the emotional and financial burdens traditionally associated with divorce. By removing the need for detailed evidence of misconduct or adversarial arguments, the process becomes less acrimonious and more focused on achieving a resolution that allows both parties to move forward. The simplicity of the no-fault model also ensures that, in most cases, divorces can be granted at the first court hearing, streamlining the process and reducing delays.

The benefits of this framework are manifold. For families with children, it reduces the risk of parental conflict spilling over into custody and child welfare arrangements, ensuring that the best interests of the children remain central. For couples without children, it offers a dignified exit from a relationship, allowing both parties to focus on rebuilding their lives without the additional strain of proving or defending against allegations of fault.

The no-fault divorce provisions align with international best practices and reflect a modern understanding of marital breakdown as a mutual or individual choice rather than a blameworthy event. By prioritising efficiency, fairness, and emotional well-being, Abu Dhabi’s legal reforms position the Emirate as a progressive leader in family law within the region. This model sets a precedent for reducing the adversarial nature of divorce proceedings and may inspire similar reforms in other jurisdictions.

In conclusion, Abu Dhabi’s introduction of no-fault divorce, alongside the revolutionary civil marriage provisions, represents a fundamental shift toward a more equitable and compassionate family law system. By recognising that marital breakdown does not necessitate assigning blame, the law fosters a culture of respect, allowing individuals to part ways with dignity and minimal conflict.

Filing for divorce in the Abu Dhabi Civil Family Court is governed by a clear and structured process, ensuring procedural fairness and adherence to the legal framework set out under Article 13 of Regulation 8/2022. The regulation outlines the procedural requirements for initiating a civil divorce, focusing on jurisdictional and formal criteria that must be satisfied before the application can proceed.

The process begins with the applicant filing a divorce application with the Abu Dhabi Civil Family Court. The application must comply with the procedural and substantive conditions outlined in the regulation. Article 13, paragraph 3, emphasises the importance of meeting all required conditions, including establishing the court’s jurisdiction over the matter. Jurisdiction is determined based on factors such as the domicile, residence, or workplace of the parties involved, as well as the location of any disputed property, in line with Articles 3 and 4 of Regulation 8/2022.

The application typically requires supporting documentation, such as:

• Proof of marriage (e.g., a civil marriage certificate or equivalent documentation).
• Identification documents for both parties.
• Evidence supporting the applicant’s connection to Abu Dhabi for jurisdictional purposes.

The application must clearly articulate the applicant’s desire to dissolve the marriage, consistent with the no-fault divorce provisions under Article 12 of Regulation 8/2022, which allows a spouse to seek divorce without attributing blame or providing justification.

Once the application is filed, the court reviews it to ensure compliance with the legal requirements. This review includes verifying that the jurisdictional criteria are met, confirming the completeness of the documentation, and assessing whether any additional evidence or clarifications are required.

If the application meets the stipulated conditions, the court proceeds to notify the respondent (the other spouse). This notification serves as an official communication, informing the respondent of the divorce filing and providing them with details of the case, including:

• The grounds for the divorce (if any are specified).
• The timeline for responding to the application.
• The date of the initial hearing.

The notification process is a critical procedural step, ensuring that the respondent has an opportunity to participate in the proceedings and present their position. In cases where the respondent resides outside the UAE, the court may use alternative means of notification, such as diplomatic channels or electronic communication, to ensure procedural fairness.

After notification, the respondent is given an opportunity to respond to the application and attend the initial hearing. At this stage, the court evaluates whether the divorce can be granted or whether additional steps, such as mediation or arbitration, are necessary. In most cases involving no-fault divorce, the court grants the divorce at the first hearing, provided all procedural requirements are satisfied and there are no unresolved jurisdictional or evidentiary issues.

The foreign marriage and foreign divorce must be civilly valid, must not contravene the public policy of UAE, and must be recognised when the relevant marriage certificate and divorce document are translated, notarised, and attested.

No, same sex marriages are not recognised or permitted.

What sets Abu Dhabi’s approach to financial settlements in divorce apart is its inherent neutrality and equity. This system does not adhere to rigid traditions but rather operates with a focus on fairness, considering a wide range of factors such as the length of the marriage, the contributions of each spouse, and their respective financial circumstances. Such an approach aligns with international norms, ensuring outcomes that are just and equitable for both parties while recognising the unique dynamics of each marital relationship.

Under Article 15 of Regulation 8/2022, the court possesses significant discretion to evaluate, approve, and amend financial entitlements arising from a civil divorce. This includes alimony for the wife and child support, where applicable. A critical component of this determination is the reliance on an accounting expert report, which provides an objective analysis of the financial circumstances of both parties. This report enables the court to ascertain not only the financial status of the spouses but also the degree to which each contributed to the breakdown of the marriage.

This method ensures that decisions are not influenced by assumptions or biases but are instead grounded in factual, evidence-based evaluations. The neutrality of the court’s discretion means that both parties have the opportunity to present their financial situations and justify their claims within a clear and transparent framework.

Article 18 of Regulation 8/2022 sets out the guiding principles for calculating financial compensation due upon divorce. This detailed provision offers a structured yet flexible approach, ensuring that outcomes are tailored to the circumstances of each case. The court may consider factors such as:

1. Percentage of Monthly Income:

Compensation often includes a cash percentage of no less than 25% of the husband’s last monthly income. This percentage is multiplied by the number of years of marriage, ensuring that longer unions result in more substantial financial obligations. The income calculation is based on verifiable sources such as salary certificates or account statements.

2. Property and Wealth Distribution:

A percentage of the market value or purchase value (whichever is greater) of the husband’s property and wealth, including real estate, investments, and valuable movables, may be awarded. This reflects an equitable division of the financial resources accrued during the marriage.

3. Shared Assets:

The extent of both spouses’ contributions to any joint accounts is also considered, reflecting the collaborative financial efforts during the marriage.

The court retains discretion to adjust these amounts depending on the specific circumstances of the divorce. This flexibility ensures that awards are not unduly burdensome for the paying spouse while guaranteeing a decent standard of living for the receiving spouse and any children involved.

Under Article 16 of Regulation 8/2022, the court may order the payment of a lump-sum amount to compensate for financial or non-financial sacrifices made during the marriage. The factors influencing this determination include:

1. Duration of Marriage and Spousal Age:

Compensation increases with the number of years of marriage, reflecting the longevity of commitment and dependency built over time.

2. Fault and Neglect:

If one spouse contributed significantly to the breakdown of the marriage—through actions such as infidelity or abandonment—the court may adjust the compensation accordingly.

3. Material and Moral Damages:

This includes damages suffered by a spouse, such as the forfeiture of inheritance rights or career opportunities due to marriage-related obligations.

4. Financial and Social Status:

A comprehensive assessment of each spouse’s economic position ensures fairness in compensation.

5. Standard of Living:

The court considers the lifestyle to which the wife and children were accustomed during the marriage to ensure continuity post-divorce.

6. Contributions to Wealth:

The court examines the wife’s role in contributing to the husband’s wealth, directly or indirectly, during the marriage.

This legal framework ensures that financial settlements are not arbitrary but rooted in an equitable distribution of resources. At the same time, the court’s reliance on accounting expert reports ensures that compensation reflects the actual financial realities of the parties. By considering factors such as health, career sacrifices, and childcare responsibilities, the system recognises the often-unquantifiable contributions of non-earning spouses.

Pension orders are not available.

The court has the authority to issue interim financial provisions during ongoing legal proceedings. These provisions are designed to address pressing financial issues that may arise before the court has reached a final determination, ensuring that parties’ essential needs are met in the interim and that financial stability is maintained during what is often a contentious and uncertain period.

Interim maintenance orders are a key example of this authority in action. The court may order one party, typically the financially dominant spouse, to provide temporary financial support to the other spouse or to any children of the marriage. This support generally encompasses basic living expenses, such as housing, utilities, and daily necessities, and may extend to covering essential costs associated with children, such as education and healthcare. The calculation of these orders is based on a preliminary assessment of the parties’ financial circumstances, allowing the court to make a swift decision to prevent undue financial hardship. These orders are, by nature, provisional and not binding on the court’s final judgment.

The underlying principle of these interim orders is to ensure fairness and to mitigate the financial disparity that often arises during the early stages of divorce or separation proceedings. They are grounded in the court’s obligation to ensure that neither party is left destitute or unable to meet basic needs while waiting for a final decision. However, these provisions are issued without prejudice, meaning they do not establish a precedent or influence the ultimate financial settlement.

It is worth noting that, unlike in some jurisdictions, the Abu Dhabi Civil Family Court does not currently extend its interim relief to include orders for legal funding. This means that parties requiring financial assistance to cover legal representation must seek alternative sources, such as private arrangements or loans, as the court does not intervene in this regard.

Yes, it is possible to pursue financial claims following a foreign divorce, provided certain conditions are met. The key requirement is that the foreign divorce must be civil in nature, legally obtained, and compliant with the laws of the jurisdiction in which it was granted. To ensure its recognition within the UAE, the divorce decree must be properly translated into Arabic and attested in accordance with UAE legal procedures. This typically involves attestation by the relevant authorities in the country of origin, the UAE Embassy in that country, and subsequently by the UAE Ministry of Foreign Affairs. Once these formalities are completed, the foreign divorce decree is considered valid for use in the UAE legal system.

Upon recognition of the foreign divorce, a party may then proceed to file for financial and child-related claims in the Abu Dhabi Civil Family Court. These claims are treated as independent from the original divorce and are assessed based on UAE law, particularly the provisions of Abu Dhabi Law No. 14 of 2021 and Regulation 8 of 2022. The court has the authority to address a wide range of financial matters, including spousal maintenance, child support, and the division of assets.

The ability to pursue financial claims post-divorce provides an important safeguard for individuals who may not have been able to secure an adequate financial settlement in the original proceedings, or where the legal framework of the foreign jurisdiction differs significantly from that of the UAE. By recognising foreign divorces and allowing subsequent claims, the Abu Dhabi Civil Family Court ensures access to justice and fairness, particularly for expatriates navigating cross-border family law issues.

The enforcement of foreign family court orders in the UAE has become a critical area of interest for international families. With the enactment of the new Federal Civil Procedures Law on 2 January 2023, the UAE has introduced a more streamlined and predictable framework for recognising and enforcing foreign judgments. While the principles governing enforcement are universal across different legal domains, their application in family law comes with unique considerations. By drawing on principles from other areas of law and recent developments, we can better understand the UAE’s approach to the enforcement of foreign family orders.

Under the new Federal Civil Procedures Law, the enforcement of foreign judgments is governed by Chapter IV, specifically Articles 222 to 225. While these provisions are broad and not specific to family law, they form the backbone of the enforcement process for foreign family orders. The conditions for enforcement include:

1. Jurisdiction: The UAE courts must not have exclusive jurisdiction over the subject matter of the dispute. The foreign court issuing the judgment must have had jurisdiction under its own laws.
2. Finality: The foreign order must be final and binding, as certified by the issuing court or explicitly stated in the order itself.
3. Due Process: Parties must have been properly notified of the proceedings and represented in the foreign court.
4. Public Policy: The foreign judgment must not conflict with UAE public policy or morals.
5. Compatibility: The judgment must not contradict an existing UAE court order.

These principles, while straightforward, take on a nuanced character when applied to family law, particularly in cases involving custody, maintenance, or matrimonial property disputes. Despite these challenges, the UAE courts increasingly demonstrate a willingness to enforce foreign family orders where they do not directly contravene public policy.

The principle of reciprocity remains central to enforcement in the UAE. Drawing from other legal areas, such as the case of Lenkor Energy Trading DMCC v. Puri, reciprocity is satisfied when the foreign jurisdiction would enforce a UAE judgment under similar conditions. In family law, this principle can be applied to recognise the decisions of foreign courts that uphold UAE orders on custody, maintenance, or marital property division.

The Lenkor case also demonstrates how objections based on public policy must be narrowly construed to avoid undermining reciprocity. For family lawyers, this reinforces the importance of framing foreign orders in a way that aligns with UAE public policy to maximise their enforceability.

The removal of the requirement to file a substantive suit for enforcement, as introduced by the new Federal Civil Procedures Law, is a significant development for family law practitioners. Foreign family orders can now be enforced through a simple application to the UAE’s execution courts. This summary process is particularly beneficial in time-sensitive matters such as child custody or relocation disputes, where delays can exacerbate emotional strain and disrupt family stability.

Execution courts are tasked with ensuring that the procedural requirements for enforcement are met, without revisiting the merits of the underlying case. This limited scope offers reassurance to international families that their foreign orders will be respected, provided they satisfy the procedural and jurisdictional criteria.

Recent case law demonstrates the UAE’s evolving approach to public policy in family law. While no specific family law case mirrors the Lenkor precedent, the principles from commercial cases can be instructive. For example:

• Finality: UAE courts consistently prioritise the finality of foreign judgments, even in family disputes. A foreign divorce order that is final and binding is likely to be recognised, provided it does not conflict with UAE moral values.
• Custody and Welfare: In cases involving child welfare, the courts have shown a pragmatic approach, recognising foreign custody orders where they serve the child’s best interests, a principle that aligns with both international standards and UAE law.

Examples of enforcement in family law include the recognition of foreign maintenance orders for children, particularly where the paying parent resides in the UAE. Such cases often turn on whether the foreign jurisdiction would enforce a similar UAE order, thus reinforcing the principle of reciprocity.

For family lawyers navigating the enforcement of foreign orders in the UAE, there are several practical considerations:

1. Jurisdictional Analysis: Ensure the foreign court had proper jurisdiction and that this can be demonstrated clearly to the UAE courts.
2. Alignment with UAE Law: Frame the foreign order in a way that aligns with UAE public policy, particularly in sensitive areas such as custody or spousal maintenance.
3. Supporting Documentation: Provide clear evidence of the foreign order’s finality, including certifications from the issuing court.
4. Anticipate Objections: Be prepared to address potential public policy objections, particularly where the foreign order significantly deviates from UAE norms.

The UAE’s reformed legal framework under the new Federal Civil Procedures Law has significantly improved the enforceability of foreign family orders, offering greater predictability and efficiency. While challenges remain, particularly in aligning foreign orders with UAE public policy, recent developments, including the principle of reciprocity as illustrated in cases like Lenkor provide a strong foundation for cross-border cooperation.

No, matrimonial property regimes are not recognised.

A particularly groundbreaking feature of Abu Dhabi’s civil family law is the introduction of premarital agreements. These agreements, available for registration for the first time in GCC history, allow couples to regulate financial matters, including the division of property and spousal support, before entering into marriage. This concept diverges sharply from the traditional Sharia-based marriage contract (aqd al-nikah), which historically governs the terms of marriage between families.

In a traditional marriage contract, the focus is often on cultural and familial obligations, including the payment of mahr (dowry) and other conditions that frame the union. Conversely, a premarital agreement under Abu Dhabi’s civil family law is an entirely private arrangement between the prospective spouses. Its purpose is financial, addressing the division of wealth and property during or after the marriage and providing certainty to both parties.

The significance of this development was underscored in August 2023, when Abu Dhabi’s Civil Family Court registered the first billion-dollar premarital agreement in GCC history. This agreement, involving an ultra-high-net-worth individual, established detailed terms for the division of business assets, investments, and luxury properties in the event of a divorce.

The ability to register such agreements is proving immensely popular among UHNWIs seeking legal certainty and asset protection. Abu Dhabi, with its transparent and efficient system, has emerged as a preferred destination for these individuals, solidifying its reputation as a forward-thinking jurisdiction.

Child maintenance in the Abu Dhabi Civil Family Court is calculated based on a holistic assessment of the child’s needs and the financial circumstances of the parents, rather than a rigid formula. This flexible approach allows the court to tailor its orders to the unique circumstances of each case, ensuring that the child’s welfare remains the paramount consideration while balancing the financial capabilities of the father, who typically bears the primary responsibility for maintenance under UAE law.

Article 24 of Regulation 8/2022 grants the court wide discretion in estimating the amount of child maintenance. This discretion extends to evaluating the nature and scope of the child’s requirements, including education, healthcare, housing, and other reasonable living expenses, alongside any special needs or additional costs associated with the child’s upbringing. The court also considers the broader context of the divorce and joint custody arrangements, ensuring that maintenance orders are proportionate and justifiable.

The law emphasises a fair and realistic approach by requiring the court to base its decisions on justifiable reasons, supported by evidence such as accounting expert reports. These reports provide a detailed assessment of the financial situation of the parents, examining factors such as income, assets, liabilities, and overall financial capacity. The court uses this data to ensure that the maintenance amount reflects the child’s standard of living during the marriage while preventing excessive financial burdens on the father.

The flexibility provided by Article 24 also allows the court to revisit and adjust maintenance orders over time. For example, if there are significant changes in either parent’s financial circumstances or in the child’s needs, the court has the authority to modify the amount of support. This adaptability ensures that the arrangements remain fair and relevant throughout the child’s upbringing.

Non-compliance with maintenance orders is taken seriously under the regulation. Financial penalties can be imposed on the father if he fails to adhere to the spending arrangement established by the court. These penalties are intended to enforce compliance and provide a strong deterrent against neglecting financial obligations.

Ultimately, the court’s discretion ensures that child maintenance orders are not only practical but also equitable, reflecting the nuanced realities of family dynamics and financial capacity. By focusing on the child’s best interests and aligning maintenance with the financial realities of the parents, the Abu Dhabi Civil Family Court strives to ensure a stable and supportive environment for children, even in the aftermath of divorce.

The Abu Dhabi Civil Family Court incorporates specific provisions to ensure the financial security and stability of children and custodial parents post-divorce, with housing being a critical component of these arrangements. The framework established under Article 19 of Regulation 8/2022 enables the court to order the father to provide a housing allowance to the custodial parent—typically the mother—for the duration of joint custody. This allowance may be provided either in cash or in-kind, such as through the provision of a suitable residence. This arrangement is integral to maintaining a stable and consistent living environment for the children, reflecting their best interests as a paramount consideration.

The housing allowance is closely tied to the principle of ensuring continuity in the children’s standard of living. The court evaluates the family’s lifestyle during the marriage, the children’s needs, and the father’s financial capacity when determining the scope and nature of the allowance. This discretionary approach allows the court to tailor its orders to the unique circumstances of each family, ensuring that the housing arrangement meets the needs of the children while remaining financially feasible for the father.

Additionally, Article 23 of Regulation 8/2022 reinforces the father’s ongoing obligation to financially support his children post-divorce. This responsibility extends to all aspects of the children’s needs, including educational expenses, housing costs, medical treatment, and other daily or periodic expenses. The provision underscores the expectation that the father will continue to provide the same level of support as he did prior to the divorce, ensuring that the children do not experience undue hardship or disruption in their daily lives.

Importantly, the housing allowance under Article 19 complements the broader financial obligations outlined in Article 23, ensuring that the children’s residence costs are accounted for as part of the father’s overall duty to provide for their welfare. This integrated approach reflects the court’s commitment to a holistic assessment of financial needs, prioritising stability and continuity for the children.

The flexibility inherent in these provisions allows the court to adapt its orders to the evolving circumstances of the family. For instance, the housing allowance may be reviewed and adjusted if the children’s needs change or if there are significant alterations in the financial situations of either parent. This ensures that the orders remain equitable and practical over time.

No, it is not recognised.

Under the law, there are none.

The legal framework governing the relationship between separated parents and their children under Regulation 8 of 2022 is comprehensive, reflecting a progressive approach to custody and parental responsibilities post-separation. It establishes that the welfare of the child is paramount, providing mechanisms for both legal custody and physical custody that ensure continued involvement of both parents in the child’s life while prioritising stability and their best interests.

Under Article 25, both parents share equal responsibility for their child’s upbringing and growth following a divorce. The principle of joint custody encompasses two key dimensions:

1. Legal Custody, defined under Article 1, which includes decision-making rights and duties concerning the child’s affairs, such as medical care and education.
2. Physical Custody, also defined under Article 1, which refers to the parent’s right to live with the child and provide day-to-day care post-divorce.

By default, the court automatically establishes joint custody as part of the divorce ruling under Article 26. This ensures that both parents maintain an active and legally recognised role in their child’s life unless compelling reasons necessitate a different arrangement.

In cases where parents cannot agree on how to exercise joint custody, the court plays a decisive role under Article 28 by determining an appropriate division of time between the parents. This division could include alternating weekly, bi-monthly, or monthly custody arrangements, or any other schedule the court deems suitable based on the child’s best interests. For example, the court might consider factors such as the child’s school schedule, extracurricular activities, and proximity to each parent’s home when determining the arrangement.

Where a parent believes joint custody is inappropriate—due to safety concerns or other reasons—they may object under Article 27. The court will review such objections and, if necessary, modify or suspend joint custody temporarily while conducting an assessment.

Custody arrangements are not immutable, and the law provides mechanisms for altering or cancelling joint custody when circumstances demand it. Article 32 allows either parent to request the removal of the other from joint custody, whether legal or physical, if specific grounds exist.

These grounds, outlined in Article 33, include:

• Domestic violence or abuse that puts the child at risk.
• Inadequate living conditions or neglect.
• Substance abuse or health issues that compromise parenting ability.
• The child’s preference (if aged 12 or older).
• Remarriage of the custodial parent.

The court retains discretion to cancel joint custody altogether under Article 34, applying principles of justice, fairness, or international best practices in custody arrangements. This ensures flexibility in addressing complex family dynamics while prioritising the child’s welfare.

In situations where separated parents disagree on matters relating to their child’s welfare, Article 35 allows either parent to seek court intervention. Disputed questions might involve decisions about education, medical care, or travel. The court resolves these disputes expeditiously under Article 36, ensuring that the child’s stability and lifestyle—particularly their academic and social routines—are preserved as much as possible post-divorce.

The custody framework under Regulation 8 of 2022 seeks to balance the rights and responsibilities of both parents while maintaining the child’s best interests as the guiding principle. Joint custody ensures that children benefit from the presence and care of both parents, fostering stability and emotional security. At the same time, the court retains the flexibility to adapt custody arrangements to address unique family dynamics and protect the child from harm.

This robust legal structure reflects a commitment to fairness and modernity, ensuring that custody arrangements serve the child’s needs while respecting the evolving roles and responsibilities of both parents in contemporary family life.

There are presently no orders available to children born outside of wedlock under the law.

The jurisdiction of the Abu Dhabi Civil Family Court in custody matters is grounded in the provisions of Regulation 8 of 2022 and Law No. 14 of 2021, which collectively establish the legal framework for civil family matters in the Emirate. This jurisdiction applies specifically to non-Muslim citizens and foreigners under certain conditions and is separate from the personal status laws applicable elsewhere in the UAE.

The court operates under two primary legal instruments:

1. Regulation 8/2022 (ADJD Chairman Decision No. 8 of 2022), which outlines the procedural and substantive regulations for civil family matters.
2. Abu Dhabi Law No. 14/2021, as amended, which establishes the overarching legal framework for civil marriage and its effects, including divorce, custody, and other related issues.

The three pillars of jurisdiction include:

Subject matter: The court is competent to hear civil family matters for non-Muslims and foreigners in various domains, including:

1. Custody disputes: The court resolves disputes concerning custody arrangements while prioritising the child’s best interests. Custody is defined as encompassing both legal custody (decision-making authority over education, medical care, etc.) and physical custody (the right to live with and care for the child).
2. Related issues: The court may issue interim orders related to child travel, provisional maintenance, and other urgent matters affecting custody during ongoing proceedings.

Territorial: The court has jurisdiction over cases involving individuals who have a domicile, residence, or place of work in Abu Dhabi, or when property in dispute is located within the Emirate. Custody matters specifically fall under its jurisdiction in the following cases:

1. If the child resides in the Emirate.
2. If the case relates to a divorce initiated in Abu Dhabi or involving individuals domiciled or working in the Emirate.
3. If the custodial parent resides in the Emirate and is seeking financial or legal relief.

Persons covered by the law: The law applies to:

1. Non-Muslim citizens.
2. Foreigners from countries that do not primarily apply Islamic law in family matters.
3. Individuals whose marriages were concluded under civil law, whether locally or abroad.

See above.

The relocation of a child, whether within the UAE or internationally, is a highly sensitive and complex matter within Abu Dhabi’s legal framework. While the law does not explicitly establish a dedicated jurisdiction for relocation cases, there are provisions within Regulation 8 of 2022 that could be interpreted as creating the potential for such jurisdiction. These provisions focus on protecting the best interests of the child and balancing the rights of both parents when a proposed relocation could affect custody, visitation, or the overall stability of the child’s life.

Article 37 of Regulation 8 outlines the conditions under which a parent may travel with a child outside the UAE. It prohibits unilateral relocation decisions by either parent unless certain requirements are met. These include obtaining the written consent of the non-travelling parent, authorised by the court, or securing permission from a judge in cases where the other parent objects. Additionally, the judge has the discretion to require guarantees for the child’s return, such as financial security or formal commitments, to safeguard the child’s welfare.

While these provisions provide a framework for addressing relocation issues, they do not explicitly confer jurisdiction for the court to determine relocation matters as a standalone issue. Instead, relocation is addressed as part of broader custody and travel disputes. This creates a degree of ambiguity, leaving open the question of whether relocation could be treated as a distinct legal matter under Regulation 8. The regulation’s focus on ensuring the child’s best interests and requiring judicial oversight for travel decisions suggests a potential basis for a relocation jurisdiction, but this remains subject to judicial interpretation.

Under Article 38, either parent may file a petition with the court to impose temporary travel restrictions, preventing the child from leaving the UAE without explicit judicial approval. This provision underscores the court’s role in managing relocation-related disputes, particularly where there are concerns about abduction or prolonged absence. However, it does not explicitly grant the court jurisdiction to make determinations about permanent relocation as a primary issue.

Judicial oversight in these cases ensures that relocation decisions are made thoughtfully, balancing the child’s welfare with the rights of both parents. Judges evaluate factors such as the impact of the proposed move on the child’s education, social stability, and relationships, as well as the motivations of the relocating parent. The court’s consideration of these factors demonstrates its capacity to address relocation disputes within the existing legal framework, even in the absence of an explicitly defined relocation jurisdiction.

This lack of clarity leaves room for future development. As Regulation 8 does not explicitly establish relocation as a separate jurisdictional matter, it is possible that its provisions could evolve through judicial interpretation or legislative amendment. For now, the regulation’s emphasis on protecting the child’s best interests and requiring judicial oversight for travel decisions provides a foundation for addressing relocation disputes, even if the scope of the court’s jurisdiction in this area remains uncertain.

See above.

In recent years, the UAE has enacted significant legal reforms concerning reproductive health, particularly in the areas of egg freezing and surrogacy. These changes reflect a progressive shift in the nation’s approach to reproductive rights and medical practices.

Prior to 2021, egg freezing in the UAE was predominantly restricted to married couples, with single women facing significant limitations. However, legislative reforms introduced in January 2021 have expanded access to this procedure. The updated regulations permit both married and single women to freeze their eggs for medical or social reasons, such as preserving fertility before undergoing treatments like chemotherapy or for personal family planning purposes. The law allows for the cryopreservation of eggs for an initial period of five years, extendable for an additional five years with the relevant consents.

Historically, surrogacy was prohibited in the UAE, with strict penalties for those involved. However, recent amendments to federal laws have legalised and regulated surrogacy arrangements. Under the new legal framework, surrogacy is permitted for couples facing medical challenges that make natural conception or childbirth unsafe or unfeasible. Notably, unmarried non-Muslim couples can now access surrogacy services upon obtaining approval from the relevant regulatory authorities.

The legislation outlines specific eligibility criteria for women wishing to become surrogates:

• Marital Status: The surrogate must be a close relative of the couple seeking surrogacy.
• Residency: The surrogate must be a UAE citizen or resident with a valid permit.
• Age: The surrogate should be between 25 and 35 years old.
• Medical History: A healthy medical history is required, including at least one successful pregnancy and uncomplicated delivery, and having at least one healthy child.
• Legal Standing: The surrogate must have no criminal record.
• Capacity: She must be physically and mentally capable of carrying the pregnancy to term and giving birth.

These criteria ensure that surrogates are adequately prepared and capable of undertaking the responsibilities associated with surrogacy, thereby safeguarding the health and well-being of all parties involved.

These legislative developments signify a notable shift in the UAE’s approach to reproductive health, aligning the nation more closely with international practices and offering expanded reproductive options to its residents.

In Abu Dhabi, non-court dispute resolution (NCDR) mechanisms are integral to the legal framework, particularly in family law cases, reflecting a commitment to resolving disputes amicably and efficiently. These mechanisms are designed to reduce the adversarial nature of litigation, preserve family relationships, and prioritise the welfare of children. By offering alternatives such as mediation, family guidance services, arbitration, and online dispute resolution (ODR), the system provides parties with accessible, cost-effective, and less time-consuming options to resolve conflicts.

Mediation and family guidance services are central to Abu Dhabi’s approach to NCDR. These services are often the first step in family law disputes, offering a structured environment for parties to discuss their concerns with the assistance of a neutral mediator or family counsellor. The aim is to facilitate open communication and negotiate mutually agreeable solutions without resorting to litigation.

Mediators and family counsellors are trained to address sensitive issues such as custody, child support, and financial settlements, ensuring that discussions remain constructive and focused on the best interests of the family. In disputes involving children, the welfare of the child is always the paramount consideration, with mediators working to minimise the emotional impact of parental conflict.

Arbitration offers another avenue for NCDR in Abu Dhabi, providing a formal but private process for resolving family disputes. Under Article 52, paragraphs 3 and 4 of Regulation 8/2022, parties may agree to arbitrate their disputes either before or after a conflict arises. Arbitration allows spouses to appoint a single arbitrator or a panel of three arbitrators, chosen from a list of approved professionals.

The arbitration process in family cases is governed by Federal Law No. 6 of 2018, which provides a detailed procedural framework to ensure fairness and consistency. Arbitration is particularly suitable for complex financial disputes or cases where confidentiality is a priority, as the process ensures that sensitive information remains private and out of the public court system.

In recent years, Abu Dhabi has embraced technological advancements in dispute resolution through Online Dispute Resolution (ODR). ODR platforms enable parties to resolve disputes remotely, making the process more accessible and convenient, particularly for expatriates or individuals unable to attend in-person sessions. ODR is increasingly utilised for smaller disputes or preliminary negotiations, combining the benefits of technology with the principles of mediation and arbitration.

The emphasis on conciliation and family welfare is a hallmark of Abu Dhabi’s NCDR mechanisms. By prioritising non-adversarial approaches, the legal system aims to preserve relationships, reduce stress, and ensure that resolutions are in the best interests of all parties involved, particularly children. Courts often encourage or require parties to attempt NCDR methods before proceeding to litigation, recognising the benefits of amicable settlements in maintaining long-term family harmony.

While Abu Dhabi has made significant strides in promoting NCDR, there are opportunities for further enhancement. Key areas of potential development include:

1. Expanding access to ODR platforms with user-friendly interfaces, multilingual support, and enhanced confidentiality features to make dispute resolution more inclusive and accessible.
2. Establishing specialised family dispute resolution centres with integrated services such as mediation, counselling, and arbitration under one roof to streamline processes.
3. Increasing public awareness and education about NCDR options, ensuring that parties are fully informed of their choices before engaging in litigation.
4. Training more mediators and arbitrators in family law, particularly with a focus on cross-cultural sensitivity to address the needs of Abu Dhabi’s diverse population.
5. Introducing subsidies or financial support for low-income families to access mediation and arbitration services, ensuring equitable access to NCDR.

Non-court dispute resolution in Abu Dhabi represents a progressive and pragmatic approach to family law, providing a range of options to suit the diverse needs of parties. Whether through mediation, arbitration, or innovative ODR platforms, these mechanisms reduce the emotional and financial toll of disputes, fostering resolutions that prioritise family welfare and stability. By continuing to evolve and expand its NCDR offerings, Abu Dhabi can further enhance its reputation as a global leader in modern, family-focused dispute resolution practices.