Question 1

What does family law cover in the UAE?

Accepted Answer

In the UAE, family law governs core personal and family matters such as marriage, divorce, child custody, child support, guardianship, inheritance, and related financial rights and obligations. These issues are addressed under Shariah principles and applicable civil legislation, with specific procedures followed before the UAE courts and personal status authorities.

Question 2

Can expatriates use family law in the UAE?

Accepted Answer

Yes. Expatriates can bring family law matters before the UAE courts. In many cases, they may request the application of UAE law or, where the law allows, the law of their home country, particularly for marriage, divorce, and financial rights. The court will consider the relevant statutes, public policy, and applicable treaties when deciding which law to apply.

Question 3

How are divorces handled in the UAE?

Accepted Answer

Divorce proceedings are generally initiated through the Family Guidance section of the UAE courts, where mediation and reconciliation are first encouraged. If settlement is not possible, the matter proceeds to the personal status court. The court then reviews the grounds for divorce, financial claims, custody, and guardianship in line with Shariah and applicable UAE legislation.

Question 4

What is the legal age for marriage in the UAE?

Accepted Answer

The minimum legal age for marriage in the UAE is 18 lunar years for both men and women. In limited circumstances, a judge may approve an exception where specific legal and welfare conditions are satisfied. All marriages must also comply with procedural requirements, including guardian consent where required and proper registration before the competent authority.

Question 5

How is child custody decided under Shariah family law in the UAE?

Accepted Answer

Child custody is determined based on the best interests of the child. The court considers the child’s age, religion, emotional and physical needs, and the capacity and conduct of each parent. Under Shariah principles, there is a distinction between custody and guardianship, and the court may allocate these roles differently while ensuring the child’s welfare and stability remain the primary focus.

Question 6

Can women file for divorce in the UAE?

Accepted Answer

Yes. Women may file for divorce under grounds recognised by Shariah and UAE personal status law, such as harm, non-support, abandonment, or breach of marital obligations. In some cases, a woman may also seek a khula divorce, where she requests dissolution of the marriage in return for waiving certain financial rights, subject to court approval and legal requirements.

Question 7

How are inheritance disputes resolved under Shariah in the UAE?

Accepted Answer

For Muslims, inheritance in the UAE is generally distributed according to Shariah rules of succession, which set fixed shares for eligible heirs. For non-Muslims, inheritance may follow the law of the deceased’s home country or, where applicable, a registered will. In disputes, the court reviews family relationships, applicable law, and any valid will to resolve claims while ensuring legal compliance.

Question 8

Are prenuptial agreements valid in the UAE?

Accepted Answer

Prenuptial or marital agreements may be recognised by the UAE courts where they comply with UAE law, Shariah-based principles, and public policy. They should be carefully drafted, properly executed, and consistent with mandatory legal rights and obligations. It is important that such agreements do not conflict with non-waivable rights related to maintenance, custody, or fundamental protections.

Question 9

Do family cases in the UAE involve privacy concerns?

Accepted Answer

Yes. Family and personal status cases are treated with a high degree of confidentiality. Court hearings are often conducted in a manner that protects the privacy of the parties, and sensitive details are not made public. This approach is intended to safeguard family reputation, protect children, and respect cultural and religious considerations in the UAE.

Question 10

How does Al Kabban & Associates assist with Shariah family law matters?

Accepted Answer

Al Kabban & Associates provides strategic guidance and legal representation across Shariah and UAE family law matters, including marriage, divorce, custody, guardianship, maintenance, and inheritance. Drawing on more than 30 years of experience, the firm supports clients through mediation and court proceedings, helps them navigate complex cross-border and expatriate issues, and works to safeguard their rights and their family’s long-term interests.

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