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DIVORCE AND DIRHAMS

The Legal Framework of Alimony under Abu Dhabi Law

In a recent development, a woman filed an application for a landmark divorce settlement of AED 1 billion, before the Abu Dhabi Civil Family Court. This follows after the same court awarded an American woman in the UAE more than AED 100 million in a divorce settlement, making it a record settlement in the country.

The Abu Dhabi Civil Family Court handles personal status matters of non-Muslims in the emirate of Abu Dhabi. These matters are governed by the Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”).

Abu Dhabi Civil Personal Status Law

Until the issue of the Abu Dhabi Civil Personal Status law in the year 2021, the UAE courts primarily applied the sharia based Federal Decree Law No. 28 of 2005 which did not allow for spousal maintenance after marriage or the division of property not co-owned by the now former wife. This was drastically changed with the issue of the Abu Dhabi Civil Personal Status Law. Under this Law, non-Muslim women in the UAE are now able to obtain alimony under certain circumstances, as prescribed by the law.

Who can apply for divorce and alimony under the Abu Dhabi Civil Personal Status Law?

As Muslim in the UAE are governed by the Federal Personal Status Law under Federal Decree Law No. 41 of 2024, and non-Muslim outside Abu Dhabi are governed by the Federal Civil personal Status Law under Federal Decree Law No. 41 of 2022, the jurisdiction of the Abu Dhabi Civil Personal Status Law is limited to the following groups of individuals:

  • Non-Muslim nationals in Abu Dhabi

  • Foreigners in Abu Dhabi who hold the nationality of a country that does not apply the provisions of Islamic law in personal status matters

  • If a foreigner in Abu Dhabi has multiple nationality, the nationality used according to his residence in the UAE will be considered.

  • A marriage concluded in a country that does not apply the provisions of Islamic law primarily in matters of personal status

  • A marriage concluded under the provisions of Civil Marriage in Abu Dhabi.

  • Any other case as determined by the competent authority from time to time.

    • Alimony under the Abu Dhabi Civil Personal Status Law

    Alimony is the court ordered financial support provided by one spouse to another, after a divorce. According to Article 8 of the Abu Dhabi Civil Personal Status Law, upon the issuance of divorce, a wife may make an application to the court for alimony from her former husband. The application form is available on the official court website. The final alimony amount and the duration within which this amount is to paid, is subject to the discretion of the court after assessment of the following factors:

  • The duration of marriage: a longer marriage will result in a higher alimony and vice versa.

  • Age of the wife: the alimony increases with the age of the wife.

  • The economic status of each spouse: this is inferred from an accounting expert’s report prepared by an accredited expert at the Department to assess the economic status of each spouse.

  • The contribution of the husband to the divorce: whether his neglect of the children, abuse or any other actions that led to the divorce

  • Material or moral damage caused by either party to the other

  • Financial damages that affect any spouse due to a unilateral Divorce.

  • In the presence of children, the father must bear expenses and costs of the mother’s custody of the children during Joint Custody, for up to two years as per the findings of the accounting expert’s report.

  • Alimony will also depend on the mother’s commitment, or lack thereof, to the children

  • In all cases, the alimony will no longer be paid to the former wife in case she marries another man.

    • Apart from the above factors provided in the Abu Dhabi Civil Personal Status Law, the court may also consider the factors listed below, as per Article 16 of the Abu Dhabi Decision No. 8/2022 on the Approval of the Regulation of Civil Marriage and Divorce Procedures in the Emirate of Abu Dhabi (“Cabinet Decision”).

  • The level of education and university degrees.

  • The extent to which the wife forfeited her career or its growth to raise the children.

  • Whether the husband stipulated that the wife should not work.

  • The standard of living which the wife and children were accustomed to during marriage.

  • The wife's contribution to the husband's wealth.

  • The wife's health condition.

  • The wife’s employment status and her ability to work.

  • The physical condition of the spouses at the time of the divorce.

  • The wife’s wealth and available sources of income according to the Expert Report.

  • The number of children, their ages and their need for care.

  • The difference in income between the spouses and the financial dependence of one of them on the other

    • Calculation standards adopted by the court

    According to Article 18 of the Cabinet decision, the court will adopt a standard guide to calculate the alimony as per the following

  • a percentage of the monthly income - the court may decide that a cash percentage of up to 25 % of the husband’s last monthly income multiplied by the number of years of marriage.

  • Percentage of the husband’s property and wealth - A percentage (in kind or in cash) of the market value or the purchase value, whichever is greater, of the husband’s property and wealth, including real estate, financial investments such as shares or bonds, and movables owned or registered in the husband’s name such as valuables and means of transportation of all kinds

  • the value of contribution to any joint properties between the parties.

    • Conclusion

    Although the Abu Dhabi Civil Personal Status Law and the corresponding Cabinet Decision lay down standards to be adopted and factors to be considered, ultimately, the Court has the discretionary power to decide the alimony amount according to the circumstances of the divorce. It may also increase or decrease this amount and estimate the method of its calculation, its payment and whether this payment must be carried out as instalments, or as a one-time payment, according to the results of the Expert Report after the assessment of the financial situation of the spouses. The Abu Dhabi court thus ensures a decent living for the divorced woman and the children while ensuring that the father does not incur financial costs that exceed his financial capabilities.

    Dr. Hassan Elhais

    Content supplied by Awatif Mohammad Shoqi Advocates & Legal Consultancy