After a non-Muslim divorce in the UAE, money and children are decided in separate applications, usually after the divorce judgment. A divorced wife can ask the court for alimony under Article 9 of Federal Decree-Law No. 41 of 2022 or Article 8 of Abu Dhabi Law No. 14 of 2021, and either spouse can be ordered to pay a lump sum as compensation. Neither law sets a fixed amount: the judge weighs factors such as the length of the marriage and both spouses' finances, often using an accounting expert's report. Joint custody is the starting point for children, and the court sets the schedule if parents cannot agree.
Who this guide is for
This guide is for non-Muslim spouses who are divorcing, or have divorced, under the federal civil law or the Abu Dhabi civil law, and want to understand the money and children questions. It does not explain how to file for divorce; see non-Muslim divorce in Abu Dhabi and Dubai. Custody terms and travel rules are in child custody for expats: key concepts, and child support is in child maintenance in the UAE. Muslim families follow different rules.
What financial claims can a spouse make?
| Claim | Federal civil law | Abu Dhabi civil law | Points to note |
|---|---|---|---|
| Alimony for the divorced wife | Federal Decree-Law No. 41 of 2022, Article 9 | Law No. 14 of 2021, Article 8 | Applied for after the divorce judgment. Factors, not a formula. |
| Temporary alimony until the final decision | Cabinet Resolution No. 122 of 2023, Article 10 | Resolution No. 8 of 2022, Articles 21 and 22 | Decided on the last 6 months' bank statements. Can be refused if she has a job or stable income. |
| Lump-sum compensation to either spouse | Cabinet Resolution Article 6 | Resolution Articles 16 and 18 | The judge can order either spouse to pay. |
| Temporary housing for the divorced woman | Cabinet Resolution Article 9 | Resolution Article 20 | Based on her living standard before the divorce and his means. |
| Housing allowance during joint custody | Cabinet Resolution Article 8 | Resolution Article 19 | Paid by the father unless the court decides otherwise; covered in child maintenance. |
What the judge weighs for alimony. Both laws list the same core factors where the marriage contract does not settle the point. They include the years of marriage (more years, more alimony), the wife's age, each spouse's finances under an accounting expert's report, and how far the husband caused the divorce through negligence or fault. They also cover damage caused by the divorce, financial loss from the unilateral divorce and the wife's involvement in caring for the children. Both laws also make the father cover the mother's costs of custody during joint custody for up to two years, based on the expert's report.
When alimony ends. Under the federal law, alimony lapses if the wife remarries or if her custody of the children ends for any reason. The Abu Dhabi law mentions remarriage only. Under both, a new request to change the amount can be made each year or when circumstances change.
Lump-sum compensation. The federal list of factors (Cabinet Resolution Article 6) runs to 15 items. They include fault such as infidelity or abandonment, education, the standard of living during the marriage, each spouse's contribution to the other's wealth, health, the wife's ability to work and the number and ages of the children. In Abu Dhabi, Resolution No. 8 of 2022 (Article 18) adds guidance the court and expert may use. It gives a cash amount of at least 25% of the husband's last monthly income multiplied by the years of marriage, a share of his property and investments, and the spouses' joint account. The court still decides, and can raise, lower or spread the payment. No such percentage appears in the federal texts.
What you agreed before. Both laws look first at what the spouses agreed in the marriage contract, so bring a copy of any agreement.
What happens with the children?
Joint custody is automatic. Under Cabinet Resolution No. 122 of 2023 (Article 13) and Resolution No. 8 of 2022 (Article 26), the divorce judgment grants joint custody to both parents equally. A parent can waive it or ask the court to award custody to the other, but waiving custody does not end financial duties to the children.
The schedule. If parents cannot agree how to split time, the court sets it: alternating weekly, every two weeks, monthly or another arrangement, including holidays (Cabinet Resolution Article 14; Abu Dhabi Resolution Article 28). Under the federal rules, the court can also set visits, overnight stays and who brings the child (Article 23).
Removing a parent from joint custody. Either parent can ask. The listed grounds include a risk of domestic violence or ill-treatment, unsuitable living conditions, drug or alcohol abuse and neglect (Cabinet Resolution Article 18; Abu Dhabi Resolution Article 33). The child's own wish counts from 18 under the federal rules and from 12 under the Abu Dhabi resolution. The court can suspend joint custody while it decides.
Disputes on single decisions. For a disagreement about school, health or travel, either parent can ask the court to decide (Cabinet Resolution Article 20; Abu Dhabi Resolution Articles 35 and 36). If a child is at risk, see domestic violence and protection orders.
How do you ask the court?
Abu Dhabi. The Abu Dhabi Civil Family Court uses bilingual forms. The "Post-Divorce Application for a Financial Order" is filed after the divorce judgment. On it you can ask for a lump sum, monthly alimony, interim alimony, a clean break, a property adjustment order, child support or a change to an existing order. The "Interim Order Application" covers provisional alimony, a travel ban, freezing assets until the expert report, appointing an expert and permission to travel with a child. Custody disputes use the "Child Custody Dispute Application". The court's FAQ says parents who cannot agree on custody submit their request through a typing centre.
Enforcement in Abu Dhabi. The court can order a bank to deduct the amount from the debtor's accounts after 7 working days from notification (Resolution Article 48). Alimony and post-divorce financial judgments under AED 500,000 are final once issued, with appeal only on jurisdiction or invalid procedure (Articles 49 and 50). The court may fine a parent, or cut their days, for not following the custody schedule (Articles 40 and 41).
Federal law, including Dubai. Claims go to the competent court on the forms annexed to Cabinet Resolution No. 122 of 2023, such as the divorcee alimony application (Form 4) and the custody application (Form 5). In Dubai this is the Dubai Courts Personal Status Court; the divorce guide explains how to file there.
Step by step
- Get the divorce judgment. Most financial claims are made after it.
- Find your agreements. Collect the marriage contract, any prenuptial agreement and any settlement.
- Gather financial evidence. Pull 6 months of statements for every account, payslips and contracts.
- List assets and debts. Include property, investments, loans and credit cards, with current values.
- Ask for interim relief if needed. Apply for temporary alimony or a travel or asset order while the case runs.
- Propose a custody schedule. Base it on school terms, distances and the child's routine.
- Try to settle. Abu Dhabi publishes a post-divorce settlement agreement form.
- File on the right form. Use the court's financial, custody or interim forms.
Documents checklist
- Divorce judgment and marriage certificate
- Marriage contract terms or prenuptial agreement
- Emirates IDs and passports
- Employment contracts and salary certificates for both spouses
- 6 months of bank statements for all accounts
- Last month's credit card statements
- Tenancy contract, title deeds and mortgage statements
- Children's birth certificates and school details
Common mistakes
- Expecting a fixed formula. The federal law lists factors, and Abu Dhabi's 25% guide is only a starting point.
- Leaving out accounts. The court relies on the expert's view of both spouses' full finances.
- Waiving custody to avoid paying. Giving up custody does not end duties to the children.
- Ignoring the schedule. In Abu Dhabi, breaches can lead to fines or fewer custody days.
- Waiting for the final order with no income. Ask for temporary alimony instead.
When to speak to a licensed lawyer
Speak to a licensed family lawyer if there are significant assets, a business, property abroad or hidden income, if the other parent wants to move abroad with the children, or if you are unsure which law applies. The free case check can help you set out the facts first, and CaseDaleel can introduce an independent licensed professional only if you choose.
Frequently asked questions
Is a non-Muslim wife entitled to alimony after divorce in the UAE?
She can apply after the divorce judgment, and the judge decides whether to grant it and for how long using the factors in the law.
How is alimony calculated for non-Muslims?
There is no fixed formula in the federal law; the judge weighs factors such as years of marriage, age, finances and fault, usually with an accounting expert's report.
Can a husband claim money from his wife?
Yes, the lump-sum compensation rules let the judge order either spouse to pay the other.
Does alimony stop if she remarries?
Yes, under both civil laws, and under the federal law it also ends if her custody of the children ends.
Can I get money while the case is running?
Yes, you can ask for temporary alimony, which the court decides on your last 6 months of bank statements.
Is joint custody automatic for non-Muslim parents?
Yes, the divorce judgment grants joint custody unless a parent waives it or the court decides otherwise.
What if the other parent does not follow the custody schedule?
In Abu Dhabi the court can impose fines and deduct custody days, and under the federal rules either parent can ask the court to intervene.
Official sources
- UAE Legislation — Federal Decree-Law No. 41 of 2022 on Civil Personal Status
- UAE Legislation — Cabinet Resolution No. 122 of 2023 on the executive regulation of the Civil Personal Status law
- Abu Dhabi Judicial Department — Abu Dhabi Law No. 14 of 2021 and Resolution No. 8 of 2022 (PDF)
- Abu Dhabi Judicial Department — Post-Divorce Application for a Financial Order (PDF)
- Abu Dhabi Judicial Department — Interim Order Application (PDF)
- Abu Dhabi Judicial Department — Abu Dhabi Civil Family Court
- Abu Dhabi Judicial Department — Frequently asked questions
General information, not legal advice. CaseDaleel is not a law firm.