Family law services for expats living and working in Dubai and the UAE

We represent clients living in or connected to Dubai and the wider UAE in respect of family proceedings under English law.

We advise on the complexities faced by the multi-jurisdictional families who live in or have links with Dubai and the UAE and work closely with local and other international experts to offer comprehensive advice on divorce, jurisdiction, finances and children. Many of our lawyers are fellows of the International Academy of Family Lawyers (IAFL) or members of the International Association of Young Lawyers (AIJA), enjoying close links with foreign lawyers globally. This provides us with a strong network to provide cross-jurisdictional and comparative advice in relation to family law issues in Dubai and the UAE. 

We can help you to resolve disputes regarding divorce and jurisdiction, whether there are aspects relating to finance, children or both. We also regularly advise on the preparation of prenuptial and postnuptial agreements for expatriates in Dubai and the UAE. 

We are experts in cross border children cases, in particular cases where one party wishes to move from the UAE to the UK with a child or children.  We give early strategic advice on the right steps to maximise your chances of successfully bringing or defending an application to relocate with children.

We support clients with the following:

• Advice on where and when to start divorce and financial proceedings 
• Preserving assets pending divorce distribution 
• Enforcement of English Court orders 
• Claims following an overseas divorce 
• Marital agreements for expatriates 
• Advice in respect of where children live post-divorce and the organisation and protection of the time that they spend with their separated parents 

Examples of our experience

• Representing the birth mother in an important international parentage case heard by the Court of Appeal. The case primarily concerned whether her former same-sex civil partner was a legal parent of the five children living in the UAE, and the jurisdiction for the applicant to bring proceedings in England in circumstances where her legal status as a same-sex parent was not recognised in the UAE. This case had unique facts and was significant as it addressed the position for same-sex female parents where one is having children via assisted reproductive methods, and showed how the English court can still make decisions regarding children who are no longer habitually resident in this country. 
• Dubai family law case study: divorce jurisdiction and parallel proceedings in the UAE Family Court.
• Acting for UK domiciled couple in divorce and financial proceedings involving substantial property and corporate interests in Dubai. Disputes about the extent of ownership of properties and interests of family members.
• Acting in the negotiation of a prenuptial agreement involving UK resident clients who live between London and Abu Dhabi.  Obtaining specialist advice in Abu Dhabi to ascertain enforceability and validity of the English agreement in Abu Dhabi and general advice on divorce for expats in Abu Dhabi. Collaborating with the client's Abu Dhabi lawyer to draft the English prenuptial agreement taking into account the legal position in Abu Dhabi.   

Frequently Asked Questions (FAQs)

Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances. We are not UAE advisors and the FAQs are based on our experience of cases involving the UAE.

I am an expat living in Dubai with my spouse. Can I get divorced in England?

If either party is domiciled in England, you may be able to start divorce proceedings in England.  Domicile is a complex legal concept, and it refers to the country which a person has permanent links with, and an intention either permanently to remain in, or to return to. An individual can live in another country for decades and still consider themselves domiciled in England. At birth, a person gains a “domicile of origin” from their parents and that domicile can be displaced through them, as an adult, gaining a different “domicile of choice”. Domicile for the purposes of divorce is not the same as tax domicile.

Most expatriate couples would probably be found to have retained English domicile, particularly living in the UAE where citizenship is unlikely.   Moving around and no longer paying tax in the UK does not automatically mean a loss of domicile of origin.

Can I use the courts in the UAE?

Yes - there are now special laws which apply for foreigners and non-Muslims in the UAE under the Personal Status for Foreigners laws. Before starting a divorce process, you will want to take advice in England and in the UAE to establish which jurisdiction is better for you and your circumstances.

How will the UAE courts deal with divorce and financial claims?

The personal status laws have recently changed for expats in the UAE and there is a new law applicable to non-Muslim nationals and foreigners in the UAE. This allows either spouse to divorce on a no-fault basis.

The timescales can be fairly speedy.  In the Abu Dhabi Civil Family Court, divorce judgments are typically issued within one month from the date of case registration.

The financial process commences with one of the parties filing an application to the court to determine post-divorce financial entitlements. After legally notifying both parties and submitting their memorandums and supporting documents, the court appoints an expert to assess and calculate entitlement to divorce compensation.

There are limitations to the UAE court’s powers as compared to England, for example, foreign assets may not be taken into account, shares cannot be transferred and pensions cannot be shared.

Practically, the court awards a lump sum of money as compensation for the divorce rather than ordering the transfer of ownership of any assets or monthly payments.

If there is a divorce in the UAE, can I do anything in England?

If you are faced with a divorce in the UAE, there is the possibility, following such a divorce, for a claim to be made in the Courts of England & Wales under Part III of the Matrimonial and Family Proceedings Act 1984 which allows the English Court to make provision where an inadequate provision has been made overseas.  This is no “second bite of the cherry” but it can be useful to prevent hardship and provide a returning spouse and children with a home as well as a method of dividing pensions located in the UK.

Where there are children, an English Court can also make orders for the benefit of the children during their minority which can include the use of a home and payment of child maintenance.

However, if there are no assets/resources in England and Wales then enforcement will need to be considered carefully before taking steps in England, as there will be further steps and complexities to enforce an English order in the UAE.

Can the court in the UAE make orders about children?

If the child and both parents hold valid residency in the UAE, the Civil Family Court will have jurisdiction to hear child custody and welfare cases. Additionally, the civil divorce judgment issued by the Abu Dhabi Civil Family Court automatically includes an order for joint custody of the child by both parents.

If one of us takes the children back to England without the other’s permission, what will happen?

The UAE is not a signatory to the international treaty, the Hague Convention on Child Abduction.  This means that if a child is taken to the UAE by a parent without consent it may be hard, or impossible, to have them returned.  The same position applies to children being taken from the UAE to England (perhaps by a mother returning to obtain jurisdiction for divorce).  As the UAE is not a signatory to the Hague Convention, the English court will consider any request to order the return of the children to the UAE purely on a welfare basis.  In theory, international arrest warrants exist as a deterrent and possible means of achieving the children’s return.  However, these also have repercussions in terms of the criminal record of the accused parent and the child's ability to travel internationally, both of which the English court may consider as factors when considering the children’s welfare if a return order is sought by the parent remaining in the UAE). The unauthorised movement of children raises problems that obviously should be avoided.

In the UAE, either parent can request a travel ban on the child to ensure that the other parent does not travel abroad with the child and fails to return.

How will the children’s outgoings be met?

In the UAE, the father is legally obligated to continue providing financial support for his children after the divorce, including education, housing costs, medical treatment, and other daily or periodic expenses he was responsible for before the divorce.

In England, where there is jurisdiction, the court can make orders for the benefit of the children during their minority including payment of child maintenance.

Early consideration will need to be given to enforcement and where the money for the child maintenance will come from.

My divorce was dealt with in England but my ex still lives in the UAE. He is in breach of the court order. What can I do?

Enforcement in the UAE is complex. Thought should be given to enforcement at the very start of a case rather than the point of breach.

If there are assets in England, it will be possible to take steps in the English court to enforce against those assets.

If the assets are in the UAE, the enforcement of foreign judgments in the UAE is contingent upon the condition of reciprocity, meaning the foreign country must allow the enforcement of UAE judgments under similar conditions. In relation to the enforcement of a foreign financial order, UAE laws grant independent financial liability to spouses and the execution of a foreign judgment in the UAE is likely to be enforced only if it adheres to this principle.

Before granting enforcement, the following conditions are required to be met:

• The UAE courts do not have jurisdiction over the original dispute, and the foreign court has proper jurisdiction.
• The foreign judgment was issued by a competent court and is duly endorsed according to the foreign country's laws.
• The parties involved were properly summoned and represented in the foreign proceedings.
• The judgment is final and binding according to the laws of the country where it was issued.
• The judgment does not conflict with any existing UAE court judgment and does not violate UAE public order or morals.

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If you require further information or advice from our team of specialist family lawyers, please contact Sital Fontenelle or a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.