The United Arab Emirates, otherwise known simply as ‘the UAE’, is a federation of seven emirates – Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah – along the east coast of the Arabian Peninsula. It was also my (Maria’s) home for many years from the age of 7. So, too, was the UAE home for me (Niamh) for some eight years. With a shared love of the UAE, we responded to an advert placed by the Bar Council for volunteers to join the family Bar delegation to the UAE in November 2024 during Dubai Arbitration Week. We joined the then Chair of the Bar (Sam Townend KC), then Vice Chair of the Bar (Barbara Mills KC), Charles Hale KC, Ruth Kirby KC and Glenda Vencatachellum. All of us, save the 2024 Bar Chair, are family law counsel. The aim of the trip was to gain a better understanding of the UAE family law system and explore where there may be opportunities for any family lawyers back in England and Wales to expand on their practice with work emerging from the UAE. We all left with a far greater depth of understanding and a renewed awe for this wonderful country. We have set out below a synopsis of what we did as a group, what we learnt and what we can impart for anyone considering a cross-jurisdictional practice with the UAE.
Panel discussions
Our first formal engagement was to take part, with UAE specialist lawyers Diana Hamede, Byron James and Madeleine Mendy, in a panel discussion on family law in the Abu Dhabi Global Market, which is the International Financial Centre in the capital of the UAE, Abu Dhabi. We were divided into two panels: Panel 1 discussed nuptial agreements, financial dispute resolution through mediation, arbitration and non-court dispute resolution (NCDR) in both jurisdictions. The panel explored the changing landscape in agreements in the UAE and the UK and considered issues such as enforceability, expert evidence in the UAE, and translation of court orders. Panel 2 discussed the current landscape in both jurisdictions in respect of international relocation cases and abduction with an emphasis on current decisions in England and Wales wherein the High Court has ordered the return of children to the UAE even where there are findings of fact of domestic abuse. We discussed the use mediation in such disputes, and there was a comparative discussion of the increased understanding of domestic abuse (including economic abuse) in light of changes in England and Wales and the UAE (particularly in Abu Dhabi recently).
What we learnt about the UAE family law system
- The court system in the UAE is fast developing and changing.
- In six emirates, family law is governed by a civil code (Federal Law No. 28 of 2005 regulated personal status matters along with certain provisions of the UAE Civil Transactions Law) which practises Sharia for both Muslims and non-Muslims.
- The distinction between whether a case is ‘Muslim’ or ‘non-Muslim’ is based on where the party is from (domicile) and what the predominant religion of the place of domicile is, rather than religious observance.
- Abu Dhabi has introduced a non-Muslim English-speaking family court, wherein parties can adopt the laws of their country. A new legal framework was introduced through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi introduced on 1 February 2023.
- Before ending a marriage, the spouses must undergo mediation by the Family Guidance Committee, slightly different to our mediation information and assessment meeting since the aim is to facilitate reconciliation.
- In the six emirates which practise Sharia, divorce is still fault-based. As per our two-stage divorce process, once divorce is initiated the wife must undergo a waiting period known as ‘Idda’, which lasts approximately three months to determine if she is pregnant. If she is pregnant, the waiting period extends until the child’s birth.
- Abu Dhabi has introduced a no-fault divorce system for non-Muslims, akin to the Divorce, Dissolution and Separation Act 2020. Unlike the procedure in the other six emirates (fault-based divorce) parties are exempt from mediation. With a highly efficient court administration a divorce can be sought and, we learned, obtained in as little as 14 days.
- There is no disclosure process in the finances ancillary to divorce in either process. An accounting expert appointed by the court will assess each spouse’s economic situation although we learned if disclosure is given to the court appointed expert there are no statements of truth and no penalties for inaccurate or false disclosure.
- A divorced woman is entitled to apply for maintenance (termed alimony) from her ex-husband. Longer marriages may typically result in higher alimony and younger wives generally receive less alimony, while older wives receive more: arguably not too unfamiliar? If the husband was at fault or negligent, this will affect the alimony decision – clearly leading to many arguments on conduct?
- Assets are not shared but where there is an element of division (to meet alimony) only assets in the UAE are divided.
- Men are not entitled to alimony.
- In respect of the children matters, we learnt that there is no jurisdiction to seek permission to remove a child outside of the jurisdiction and a father can obtain a travel ban, much like a prohibited steps order, preventing a mother and child/ children leaving the jurisdiction very quickly without notice (we heard 24 hours). This has, clearly, led to many parents (mostly mothers) removing their children without permission only to find themselves (if in England and Wales) the respondent to an application for a return order in the Royal Courts of Justice. Local lawyers term the summer holidays ‘kidnap season’ due to the high incidents of just this.
- There is no concept of parental responsibility, but rather a principle of guardianship. If a father dies then guardianship of children passes to the next eldest male, and not necessarily the mother.
- Child expenses/maintenance is payable for so long as the child spends time with the mother but is limited for up to two years and ends if the child lives with the father.
What we knew before we left the UAE was that an expat in the UAE who considers themselves domiciled in Britain can apply to end their marriage using the online portal of England and Wales and thereafter can apply for financial orders ancillary to their divorce. Should the respondent contest jurisdiction (forum conveniens) the court must decide where the finances ought to be divided; here, or in the UAE. However, if the court decides that the UAE is the most appropriate forum then it is open to the disgruntled party to apply thereafter under Part III of the Matrimonial and Family Proceedings Act 1984 for financial orders following a financial order in the UAE.
Cross-jurisdictional opportunities
A member of the British Embassy welcomed us to Dubai and confirmed that there are some 500,000 British expats living and working in the UAE and almost 1.4 million holiday makers from Britain travel to the UAE each year. The British Embassy receives around 750 requests for help annually, mostly for assistance fleeing domestic abuse. Given these statistics, there is a wealth of work for both local lawyers and those based in England and Wales. A strong commitment to cross-jurisdictional working relationships between lawyers and NCDR can only be of benefit to these potential clients. With this in mind, we were all pleased have found that lawyers in the UAE are extremely hospitable and engaging, with an enthusiastic commitment to retain counsel from our jurisdiction.
We have no doubt this trip was the first of many, and we look forward to building upon our positive relations with the UAE family lawyers we had the pleasure of meeting.
The Bar Council's International Team, supported by the International Committee, provides a wide variety of services to assist and support members of the Bar in developing, strengthening and maintaining their international practice. Click here to find out more. Barristers interested in joining the 2025 UAE business development visit (14 to 17 September), again with a focus on family law, should click here.
The UAE family law system and opportunities for the Bar
Date: 17 March 2025
The United Arab Emirates, otherwise known simply as ‘the UAE’, is a federation of seven emirates – Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah – along the east coast of the Arabian Peninsula. It was also my (Maria’s) home for many years from the age of 7. So, too, was the UAE home for me (Niamh) for some eight years. With a shared love of the UAE, we responded to an advert placed by the Bar Council for volunteers to join the family Bar delegation to the UAE in November 2024 during Dubai Arbitration Week. We joined the then Chair of the Bar (Sam Townend KC), then Vice Chair of the Bar (Barbara Mills KC), Charles Hale KC, Ruth Kirby KC and Glenda Vencatachellum. All of us, save the 2024 Bar Chair, are family law counsel. The aim of the trip was to gain a better understanding of the UAE family law system and explore where there may be opportunities for any family lawyers back in England and Wales to expand on their practice with work emerging from the UAE. We all left with a far greater depth of understanding and a renewed awe for this wonderful country. We have set out below a synopsis of what we did as a group, what we learnt and what we can impart for anyone considering a cross-jurisdictional practice with the UAE.
Panel discussions
Our first formal engagement was to take part, with UAE specialist lawyers Diana Hamede, Byron James and Madeleine Mendy, in a panel discussion on family law in the Abu Dhabi Global Market, which is the International Financial Centre in the capital of the UAE, Abu Dhabi. We were divided into two panels: Panel 1 discussed nuptial agreements, financial dispute resolution through mediation, arbitration and non-court dispute resolution (NCDR) in both jurisdictions. The panel explored the changing landscape in agreements in the UAE and the UK and considered issues such as enforceability, expert evidence in the UAE, and translation of court orders. Panel 2 discussed the current landscape in both jurisdictions in respect of international relocation cases and abduction with an emphasis on current decisions in England and Wales wherein the High Court has ordered the return of children to the UAE even where there are findings of fact of domestic abuse. We discussed the use mediation in such disputes, and there was a comparative discussion of the increased understanding of domestic abuse (including economic abuse) in light of changes in England and Wales and the UAE (particularly in Abu Dhabi recently).
What we learnt about the UAE family law system
- The court system in the UAE is fast developing and changing.
- In six emirates, family law is governed by a civil code (Federal Law No. 28 of 2005 regulated personal status matters along with certain provisions of the UAE Civil Transactions Law) which practises Sharia for both Muslims and non-Muslims.
- The distinction between whether a case is ‘Muslim’ or ‘non-Muslim’ is based on where the party is from (domicile) and what the predominant religion of the place of domicile is, rather than religious observance.
- Abu Dhabi has introduced a non-Muslim English-speaking family court, wherein parties can adopt the laws of their country. A new legal framework was introduced through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi introduced on 1 February 2023.
- Before ending a marriage, the spouses must undergo mediation by the Family Guidance Committee, slightly different to our mediation information and assessment meeting since the aim is to facilitate reconciliation.
- In the six emirates which practise Sharia, divorce is still fault-based. As per our two-stage divorce process, once divorce is initiated the wife must undergo a waiting period known as ‘Idda’, which lasts approximately three months to determine if she is pregnant. If she is pregnant, the waiting period extends until the child’s birth.
- Abu Dhabi has introduced a no-fault divorce system for non-Muslims, akin to the Divorce, Dissolution and Separation Act 2020. Unlike the procedure in the other six emirates (fault-based divorce) parties are exempt from mediation. With a highly efficient court administration a divorce can be sought and, we learned, obtained in as little as 14 days.
- There is no disclosure process in the finances ancillary to divorce in either process. An accounting expert appointed by the court will assess each spouse’s economic situation although we learned if disclosure is given to the court appointed expert there are no statements of truth and no penalties for inaccurate or false disclosure.
- A divorced woman is entitled to apply for maintenance (termed alimony) from her ex-husband. Longer marriages may typically result in higher alimony and younger wives generally receive less alimony, while older wives receive more: arguably not too unfamiliar? If the husband was at fault or negligent, this will affect the alimony decision – clearly leading to many arguments on conduct?
- Assets are not shared but where there is an element of division (to meet alimony) only assets in the UAE are divided.
- Men are not entitled to alimony.
- In respect of the children matters, we learnt that there is no jurisdiction to seek permission to remove a child outside of the jurisdiction and a father can obtain a travel ban, much like a prohibited steps order, preventing a mother and child/ children leaving the jurisdiction very quickly without notice (we heard 24 hours). This has, clearly, led to many parents (mostly mothers) removing their children without permission only to find themselves (if in England and Wales) the respondent to an application for a return order in the Royal Courts of Justice. Local lawyers term the summer holidays ‘kidnap season’ due to the high incidents of just this.
- There is no concept of parental responsibility, but rather a principle of guardianship. If a father dies then guardianship of children passes to the next eldest male, and not necessarily the mother.
- Child expenses/maintenance is payable for so long as the child spends time with the mother but is limited for up to two years and ends if the child lives with the father.
What we knew before we left the UAE was that an expat in the UAE who considers themselves domiciled in Britain can apply to end their marriage using the online portal of England and Wales and thereafter can apply for financial orders ancillary to their divorce. Should the respondent contest jurisdiction (forum conveniens) the court must decide where the finances ought to be divided; here, or in the UAE. However, if the court decides that the UAE is the most appropriate forum then it is open to the disgruntled party to apply thereafter under Part III of the Matrimonial and Family Proceedings Act 1984 for financial orders following a financial order in the UAE.
Cross-jurisdictional opportunities
A member of the British Embassy welcomed us to Dubai and confirmed that there are some 500,000 British expats living and working in the UAE and almost 1.4 million holiday makers from Britain travel to the UAE each year. The British Embassy receives around 750 requests for help annually, mostly for assistance fleeing domestic abuse. Given these statistics, there is a wealth of work for both local lawyers and those based in England and Wales. A strong commitment to cross-jurisdictional working relationships between lawyers and NCDR can only be of benefit to these potential clients. With this in mind, we were all pleased have found that lawyers in the UAE are extremely hospitable and engaging, with an enthusiastic commitment to retain counsel from our jurisdiction.
We have no doubt this trip was the first of many, and we look forward to building upon our positive relations with the UAE family lawyers we had the pleasure of meeting.
The Bar Council's International Team, supported by the International Committee, provides a wide variety of services to assist and support members of the Bar in developing, strengthening and maintaining their international practice. Click here to find out more. Barristers interested in joining the 2025 UAE business development visit (14 to 17 September), again with a focus on family law, should click here.
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
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