Non-muslims in the UAE can now file for a no-fault divorce in Abu Dhabi’s new non-Muslim Personal Status Court, which opened last year. Under law No. 14 of 2021 on non-Muslims’ Personal Status in the Emirate of Abu Dhabi, which was enacted in November 2021, the specialized family court for non-Muslims has jurisdiction over personal status matters such as marriage, divorce, inheritance, and child custody.
Divorce without fault is the annulment of a marriage that does not require either spouse to prove wrongdoing. Formerly, divorce could only be granted if one party was at fault.
The divorce granted by the non-Muslim family court is internationally recognized, and proceedings are conducted in Arabic and English. Here are the details.
No-fault divorce – what is it?
As per Abu Dhabi, Judicial Department (ADJD)’s the website – www.adjd.gov.ae: “No-fault divorce is a divorce in which neither party is required to blame the other for the breakdown of the marriage. The family court will therefore grant a divorce in response to the no-fault divorce application without requiring evidence of the reasons behind the marriage breakdown.”
Civil marriage contracts are governed by Articles 6 and 7 of Law No. 14 of 2021, which was signed by His Highness Sheikh Khalifa Bin Zayed Al Nahyan.
Divorcing couples can opt for a no-fault divorce, meaning they do not need to prove harm. Joint custody of children and enhanced alimony have been introduced, and the divorce process has been simplified – the divorce can now be granted at the first hearing, reducing time and expense.
As per the Abu Dhabi Judicial Department (ADJD), couples who wish to separate do not need to give a reason and do not need to go through a mediation stage.
Who is eligible for divorce?
The department’s website – www.adjd.gov.ae – states that either spouse can apply for a ‘non-fault’ divorce. The person filing the application must be an Abu Dhabi resident, or the marriage certificate must have been issued in Abu Dhabi.
In order to file for divorce, the applicant must fill out and submit the ‘No-Fault Divorce Application’ form through the Interactive Case Registration (ICR) service. The application can be downloaded here: https://www.adjd.gov.ae/AR/Documents/Courts%20Form/2_Divorce_Form.pdf
To apply for divorce, the party must fill out the English-Arabic Bilingual template with the necessary documents attached and pay the court fees. Whether the petition meets all the requirements, especially with regards to the court’s jurisdiction, will be decided by the court.
The court will schedule a hearing for the issuance of the divorce order after 30 days from the date on which the petition was approved. Parties will be notified of the hearing date. The defendant will be able to challenge the court’s jurisdiction by submitting a memo 10 days before the hearing. The judge will rule on the matter on the day of the hearing.
What documents are required?
In support of a ‘no-fault’ divorce application, the following documents are required:
- Copy of the marriage certificate
- Copy of identification (passport, Emirates ID, residency visa)
- Employment contract
- Bank statements for the last six months (for all accounts)
Under the new law, how does alimony or financial support work after a divorce?
On the ADJD’s website, it states that if neither spouse can reach an amicable financial settlement, they can apply for a financial order after their divorce by downloading the application form here:
https://www.adjd.gov.ae/AR/Documents/Courts%20Form/4_Post_Divorce.pdf
