Last updated: 30 October 2026
The UAE personal status law for non-Muslim families is Federal Decree-Law 41/2022 on civil personal status, in force since 1 February 2023. It applies to non-Muslim citizens and non-Muslim foreigners living in the UAE in matters of marriage, divorce, wills, estates and lineage, unless a spouse insists on applying the law of his own country (Article 1(1)). It introduced civil marriage, no-fault divorce, joint custody and freedom of testation for non-Muslims.
For advice on your family’s position, consult with Leaders Advocates, featuring the Best Family Lawyers in Dubai, before you file or sign.
“The civil personal status framework gives non-Muslim families a clearer route for marriage and divorce, but the applicable law should always be checked before proceedings begin,” said Faris Raian, Senior Legal Consultant in Dubai.
UAE personal status law for non-Muslims: who it covers
The civil law sits alongside the Personal Status Law (Federal Decree-Law 41/2024), which generally governs Muslims.
- It covers non-Muslim citizens, and non-Muslim foreigners who live in the UAE (Article 1(1)).
- A spouse can insist on the law of his own country instead (Article 1(1)).
- The spouses can agree to apply another family law in force in the UAE (Article 1(2)).
- Abu Dhabi has its own civil family law for non-Muslims, which follows its own rules.
What the law changed
The law changed six core areas of family life.
| Area | The civil law position | Article |
|---|---|---|
| Marriage | A civil marriage before the authentication judge. Each spouse must be at least 21, not related within the prohibited degrees, and consent expressly. Both sign a disclosure form | 5, 6 |
| Marriage terms | The spouses can agree terms in the contract, recognised for rights during the marriage and after divorce | 6(2) |
| Divorce | Either spouse can ask for divorce without giving a reason or blaming the other. The case goes straight to the court, without family guidance | 3, 7 |
| Alimony | The judge decides by factors such as the length of the marriage, the wife’s age, each spouse’s finances assessed by an expert, and fault | 9 |
| Custody | Joint and equal custody is the starting point, and the child chooses at 18 | 4(4), 10 |
| Inheritance | A person can leave all his property in the State by will. Without a will, if the deceased leaves a spouse and children, half of the estate goes to the surviving spouse and the other half is shared equally among the children. If there are no children, Article 11(2) provides different rules involving the deceased’s parents and siblings. | 11 |
Joint custody and inheritance in practice
“Joint custody and inheritance can have long-term consequences for the whole family, so parents and spouses should understand the legal position before signing, filing or making estate plans,” said Faris Raian, Senior Legal Consultant in Dubai.
Two changes have the biggest effect on families.
- Joint custody remains the rule unless both parents ask the court to grant it to one, one parent waives in writing, or the court removes a parent for a reason it accepts, such as incapacity, danger or failing the duties (Article 10(2)).
- Either parent can ask the court to decide a disagreement about the child (Article 10(3)).
- Under the civil inheritance rule, sons and daughters share equally, with no difference between male and female heirs (Article 11(2)).
- A will can be registered under the law, including on a form completed when the marriage is concluded (Article 13).
- A foreigner’s heir can ask for the law that applies under the Civil Transactions Law, unless a registered will says otherwise (Article 11(3)). Under that Law, a foreigner’s will concerning UAE real estate is governed by UAE law (Article 17(5)).
What families should check before they act
Answer these six questions before you file or sign anything.
- Does the civil law apply to you, or will a spouse insist on the law of his own country?
- Where did you marry, and which court will hear the case?
- Does your marriage contract contain agreed terms on money, property or custody?
- What are each spouse’s finances, which an expert may assess for alimony?
- Is there a registered will, and does it cover any UAE property?
- What arrangement for the children would the court see as being in their interest?
For advice on your family’s position, speak to Leaders Advocates, a Family law firm in Dubai, before you file or sign.
Questions about the UAE personal status law for non-Muslims
Which personal status law applies to non-Muslims in the UAE?
Federal Decree-Law 41/2022 on civil personal status, unless a spouse insists on the law of his own country.
Do non-Muslims need a reason to divorce in the UAE?
No. Either spouse can ask for divorce without giving a reason (Article 7).
Is custody shared after a civil divorce?
Joint and equal custody is the starting point, unless the court orders otherwise (Article 10).
Can a non-Muslim leave all his property by will?
Yes, all his property in the State, although a foreigner’s will concerning UAE real estate is governed by UAE law.
Can expats use their home country’s family law instead?
Yes. A spouse can insist on applying his own law (Article 1(1)).
