Civil marriage, divorce and wills for non-Muslims in the UAE: Federal Decree-Law No. 41 of 2022

Published 9 November 2026 · 7 min read

Since 1 February 2023, non-Muslims in the UAE have had a dedicated federal framework for family matters: Federal Decree-Law No. 41 of 2022 on Civil Personal Status, with its executive regulations issued by Cabinet Resolution No. 122 of 2023. It is short, built on equality between men and women, and differs in important ways from the personal status rules that apply to Muslims.

Who the law applies to

Article 1 applies the decree-law to non-Muslim UAE nationals and to non-Muslim foreigners residing in the country. Three qualifications matter:

• A person may instead rely on the law of their home country for marriage, divorce, inheritance, wills and proof of parentage.
• The parties may agree to apply other family or personal status legislation in force in the UAE.
• The decree-law applies to events occurring after it came into force.

Equality as a guiding rule

Article 4 requires equality between women and men in rights and duties, and spells it out: equal weight for testimony in court, equal shares in inheritance, an equal right for either spouse to seek divorce, and an equal right to joint custody of a child until the age of 18, after which the child is free to choose.

Civil marriage

Under Articles 5 and 6, a civil marriage requires that both spouses be at least 21, proved by an official document from their country of nationality; that they are not closely related; that both express clear consent before the authentication judge; and that both sign a disclosure form declaring any previous or existing marriage. The couple may agree on the terms of their contract, including post-divorce rights and joint custody, and the contract is recorded in the court's register.

Local procedures vary. According to the UAE portal, Dubai Courts require at least one party to be a Dubai resident, both parties to be non-Muslim, and both to appear in person, and non-Arabic documents must come with certified Arabic translations. Abu Dhabi runs its own civil marriage regime under Abu Dhabi Law No. 14 of 2021, with different conditions.

Divorce

Articles 7 and 8 allow either spouse to ask the court for divorce simply by expressing the wish not to continue the marriage, without justifying it, proving harm or assigning blame. The court rules after the other spouse has been duly served. Article 3 removes these cases from family guidance committees and sends them straight to court for a decision at the first hearing.

After the divorce judgment, a divorced wife may apply for alimony. If the marriage contract does not settle the matter, the judge weighs factors such as the length of the marriage, the wife's age, each spouse's financial position as assessed by a court-appointed accounting expert, and any fault leading to the divorce.

Custody of children

Article 10 makes custody after divorce a joint and equal right of both parents. The court can depart from this, for example where one parent waives custody or where shared custody would not serve the child's interests.

Inheritance and wills

Article 11 lets a testator leave all of their property in the UAE to anyone they choose, within the controls set by the executive regulations. Without a will, half the estate goes to the surviving spouse and the other half is divided equally among the children, with no distinction between sons and daughters. A foreigner's heirs may ask for the law designated by the Civil Code to apply instead, unless a registered will says otherwise. Under Article 13, wills are recorded in a dedicated register, and spouses may complete a will registration form when they sign their marriage contract.

Foreign documents in family cases

Marriage certificates, birth certificates and foreign divorce judgments are often central to these files. Documents issued abroad generally need attestation through the UAE mission and the Ministry of Foreign Affairs, and a legal translation where they are not in Arabic or English.