UNITED ARAB EMIRATES: An Introduction to Family/Matrimonial: High Net Worth

An Overview

The United Arab Emirates has witnessed a profound transformation in the way family and matrimonial disputes involving high net worth (HNW) and ultra-high net worth (UHNW) individuals are resolved. Nowhere is this more evident than in the Emirate of Abu Dhabi, which has established a distinct civil family law framework designed to meet the needs of an international, mobile and financially sophisticated population. For UHNW and HNW families with complex, cross‑border lives, the UAE – and Abu Dhabi in particular – has become a jurisdiction offering speed, certainty and enforceability, while remaining aligned with international expectations of fairness, equality and due process.

This overview examines the current landscape of family and matrimonial law for HNW individuals in the UAE, with a particular focus on the Abu Dhabi Civil Family Court and its implications for divorce, financial remedies, children and estate planning.

A Dual System: Civil and Personal Status Jurisdictions

Family law in the UAE now operates through a dual structure. Sharia‑based personal status courts continue to apply to Emirati Muslims, while a parallel civil regime exists for foreigners and non‑Muslim citizens. Abu Dhabi has gone further than any other Emirate by creating a standalone Civil Family Court, governed primarily by Abu Dhabi Law No 14 of 2021 (as amended) and its implementing Regulation No 8 of 2022.

This court is expressly secular in nature and applies codified civil law rather than religious principles. Its jurisdiction extends to civil marriage, divorce, financial claims arising from divorce, joint custody, wills and inheritance. Proceedings are conducted bilingually in Arabic and English, judges may be non‑Muslim, and foreign lawyers may appear before the court once registered. The result is a forum that is accessible and intelligible to international families accustomed to civil law or common law systems.

Jurisdiction and Forum Strategy

Jurisdiction before the Abu Dhabi Civil Family Court is founded on three pillars:

• subject‑matter jurisdiction over civil family matters;
• a territorial connection to Abu Dhabi (such as residence, domicile, employment or assets); and
• personal jurisdiction over foreigners or non‑Muslim citizens within the scope of the legislation.

Once these criteria are met, the court is obliged to accept jurisdiction.

Notably, concepts such as forum conveniens do not apply. The court will not decline jurisdiction simply because proceedings are ongoing elsewhere. This creates both opportunity and risk for HNW families, as parallel proceedings in multiple jurisdictions are possible. Strategic forum selection therefore remains a critical consideration, particularly given the speed with which Abu Dhabi proceedings can be concluded.

Divorce: Speed and No‑Fault Dissolution

One of the most striking features of the Abu Dhabi civil regime is its approach to divorce. Divorce is entirely no‑fault: either spouse may unilaterally apply for dissolution of the marriage without proving wrongdoing, harm or blame. Once the application is accepted, the court is required to issue a divorce judgment at the first substantive hearing.

The law imposes a strict timetable: divorce proceedings must be concluded within 30 days of the application being approved. In practice, this makes Abu Dhabi one of the fastest divorce jurisdictions globally. For HNW individuals, this speed offers decisive advantages in cases involving urgent asset protection, jurisdictional disputes or international relocation.

Financial Remedies and Capital Claims

The financial consequences of divorce under the Abu Dhabi civil regime represent a significant departure from traditional UAE family law. The court has express statutory power to award both spousal financial compensation and child support, informed by codified criteria and supported by expert evidence.

Spousal financial provision is treated as a finite, post‑divorce entitlement rather than ongoing maintenance. The regulations provide indicative calculation models, including income‑based formulas and asset‑based percentages, while preserving judicial discretion to achieve fairness. Importantly, the court may order lump‑sum capital compensation, including transfers or payments derived from wealth accumulated during the marriage, even where assets are held in one spouse’s sole name.

For HNW families, this introduces a recognisable and internationally comparable framework for redistribution of wealth on divorce, while remaining anchored in a civil law methodology supported by court‑appointed accounting experts.

Pre‑Nuptial and Post‑Nuptial Agreements

Abu Dhabi stands alone in the UAE in giving formal statutory recognition to pre‑nuptial agreements. Couples marrying under the civil regime may register a nuptial agreement as part of their marriage contract. Once registered, the agreement limits the court’s discretion: if financial outcomes are addressed in the contract, the court will ordinarily give effect to them unless they offend public policy or prejudice the welfare of children.

For UHNW individuals, this creates powerful opportunities for advance planning. Properly drafted and registered agreements can regulate property regimes, cap or define financial exposure on divorce, and even seek to anchor future disputes to the Abu Dhabi forum. This degree of certainty is unprecedented in the region.

Children and Joint Custody

The civil regime adopts a clear starting point of equality between parents. Joint legal and physical custody is the default position following divorce, recorded automatically in the divorce judgment. The emphasis is on equal parental involvement and the child’s best interests, with structured mechanisms for resolving disputes and regulating travel.

Where joint custody becomes unworkable or unsafe, the court has wide powers to vary or remove custody arrangements, guided by welfare considerations and supported by social expert evidence. International travel and relocation are subject to judicial oversight, reflecting the realities of expatriate family life.

Wills, Inheritance and Succession Planning

Abu Dhabi has also introduced a civil inheritance regime for expatriates, allowing full testamentary freedom through registered civil wills. Where no will exists, statutory intestacy rules apply on the basis of equality between male and female heirs.

For HNW families with UAE‑based assets, registered civil wills provide clarity, efficiency and protection against the unintended application of Sharia‑based inheritance rules. The ability to elect the law of nationality within a registered will further enhances flexibility for cross‑border estate planning.

Conclusion

The UAE, and Abu Dhabi in particular, has emerged as a sophisticated forum for resolving HNW family disputes. Through the Abu Dhabi Civil Family Court, the Emirate has created a modern, secular and codified system that delivers speed, predictability and enforceability, while accommodating the realities of international wealth, mobility and family life.

In practice, the jurisdiction is characterised by three features of particular relevance to HNW and UHNW families. First, divorce is procedural, no-fault and fast, allowing parties to resolve status issues quickly and decisively without protracted litigation. Secondly, financial remedies are formula-led and income-driven, producing outcomes that are predictable within defined parameters while remaining flexible enough to correct genuine economic imbalance. Thirdly, children’s cases are anchored in a strong judicial commitment to joint custody as a child-centred safeguard, with removal of a parent treated as an exceptional intervention requiring clear, evidence-based justification.

Alongside this domestic framework, the UAE has become an increasingly important arena for cross-border family disputes. Foreign courts frequently require expert analysis of UAE family law in relation to jurisdiction, enforcement, relocation risk and child arrangements, and the interaction between Abu Dhabi’s civil regime, the federal courts and overseas proceedings is now a regular feature of complex international cases.

For HNW families, the Abu Dhabi model offers something distinctive: a civil family law jurisdiction within the Middle East that combines codified clarity with international sensibility. As the jurisprudence continues to develop, effective representation demands not only technical knowledge of the statutory framework but also a clear understanding of how the Court applies it in practice. Jurisdictional strategy, nuptial agreements, asset structuring and succession planning are now central components of family law advice in the region, rather than peripheral considerations.

The Abu Dhabi Civil Family Court stands as a clear example of how a modern civil family jurisdiction can operate successfully within the UAE’s legal order, offering international families a forum that is principled, predictable and increasingly influential beyond its borders.