If you're considering divorce in Dubai, two questions usually come first: which law applies to your marriage, and what the process will actually involve. This page answers both, and covers what it costs and what to prepare.
BR Law Firm ( Office of Hassan Tamim Advocates & Legal Consultants ) acts for people filing for divorce in Dubai and for those responding to a case their spouse has already started. The firm has more than 38 years of practice in the UAE, and a family file stays with the same advocate from the first consultation to judgment.
Which law applies to your divorce?
That depends on the family, not just on where you live, and it's worth settling before anything is filed.
Under the UAE Personal Status Law, custody and guardianship are separate legal concepts, and the court considers the child's circumstances and best interests when it decides arrangements.
For eligible non-Muslim families proceeding under the UAE Civil Personal Status Law, the starting point is different. Joint custody is generally the position, with both parents holding an equal right to it until the child turns 18.
Which regime applies turns on religion, nationality, where and how you married, and your circumstances now. The answer shapes what the court can order on children, maintenance and property, so it's the first thing we look at in a consultation.
How a divorce case moves through the Dubai courts
A divorce doesn't start in a courtroom. The usual sequence is:
- Family Guidance Section. The case opens here. A conciliator meets both spouses and tries to reach a settlement.
- Settlement or referral. If you agree terms, they can be recorded and ratified, which is the shorter route. If you don't, the conciliator issues a referral letter.
- Court of First Instance. With the referral letter, the claim is filed and heard.
- Judgment and appeal. Either side can appeal within the time allowed.
- Execution. Once the judgment is final, it's enforced.
How long it takes depends mostly on how much is disputed. An agreed divorce can move quickly. A case fought over children, maintenance or property involves more hearings and usually more evidence. If you want the detail, see our guide on how to file for divorce in Dubai.
Mutual or contested: what's the difference?
| Mutual (agreed) | Contested | |
|---|---|---|
| Does your spouse agree? | Yes, to the divorce and its terms | No, or not to the terms |
| Court's role | Checks and ratifies what's agreed | Hears the evidence and decides |
| Timeline | Shorter | Longer, depending on what's disputed |
| Usual sticking points | Few, by definition | Custody, maintenance, property |
Your spouse's agreement isn't needed to file. Cases also change category: plenty that start contested settle once the real issues narrow, and part of our job is telling you when a negotiated outcome is better than a fought one. More on mutual divorce in Dubai.
Children, maintenance and property
These are usually what a divorce is really about.
Children. Custody and guardianship are separate legal concepts, and the court decides each on the facts. Our child custody lawyers page goes further, and there's a separate page on fathers' rights in the UAE.
Maintenance. Maintenance for a spouse and maintenance for children are separate claims. What's awarded depends on the law that applies and the facts in front of the court, not a fixed figure.
Property. Where assets are in dispute, you'll need documents showing income, ownership and what's held where. If you signed a prenuptial or postnuptial agreement, bring it to the first meeting.
Documents to prepare
- Your marriage certificate. If it was issued outside the UAE, it will generally need to be duly attested and legally translated into Arabic.
- Emirates ID and passport copies for both spouses, and residence visa details where they apply.
- Children's birth certificates, attested and translated on the same basis.
- Evidence of income, property or other assets if maintenance or division is in issue.
Getting attestation and translation right at the start avoids the most common delay: a file sent back because the documents aren't in order.
Expats, and spouses living abroad
Marrying abroad doesn't, by itself, stop you filing in Dubai. Jurisdiction depends on the parties' circumstances, and Dubai Courts generally require one party to be a citizen or resident of Dubai for personal status claims.
If your spouse lives outside the UAE, the court will look at whether the jurisdictional requirements are met and how they're to be notified. Some steps can be handled by a lawyer under a power of attorney, though the court may want a party in person at certain stages. Sort this out before you file, not after. See legal help for expats in the UAE, and for Indian clients, Indian advocates in Dubai.
Mistakes that cost people time
- Filing before knowing which law applies. It decides what the court can order.
- Unattested or untranslated documents. The file comes back and the clock restarts.
- Agreeing terms informally. An understanding between spouses that isn't recorded and ratified is hard to rely on later.
- Leaving children's travel until it's urgent. If you're worried a child may be taken abroad, raise it early. Applications about a child's travel are time-sensitive.
What it costs
Consultation fee: AED 1,050 to AED 5,250, depending on the nature and complexity of the consultation.
Case fees are quoted separately, case by case, according to the nature, complexity, scope and requirements of the matter. Court fees are separate from legal fees. You'll have the figures before you commit to anything.
Matters we handle
- Divorce filing and drafting the petition
- Mutual and consent divorce
- Contested divorce
- Divorce settlements
- Custody of children
- Alimony, and maintenance of wife and child
- Separation from a spouse
- Domestic violence
- NRI and expat divorce
If your situation isn't covered here, contact us and we'll tell you where you stand.
Reviewed by the family law team at BR Law Firm ( Office of Hassan Tamim Advocates & Legal Consultants ). Last updated September 2026.
