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FAMILY LAW — FAQs
Yes. Non-Muslim expatriates can apply to have their divorce governed by the law of their home country under UAE Personal Status Law amendments introduced in 2023. Alternatively, they can proceed under UAE law. The divorce must be filed through the UAE courts or, where applicable, through the relevant consulate. Legal advice is strongly recommended to determine which jurisdiction produces the most favourable outcome for your specific circumstances.
UAE courts prioritise the best interests of the child. For Muslims, custody is governed by Islamic personal status law, which generally grants physical custody (hadana) to the mother until the child reaches a certain age — typically seven for boys and nine for girls — after which custody may transfer to the father. Non-Muslims can now apply to have their home country’s law applied. Regardless of who holds physical custody, both parents retain legal guardianship rights over major decisions affecting the child.
Custody (hadana) refers to the right to physically care for and live with the child on a day-to-day basis. Guardianship (wilaya) refers to the legal right to make major decisions about the child’s life — education, travel, medical treatment, and religion. In UAE law, the father is typically the legal guardian even when the mother holds physical custody. This distinction frequently gives rise to disputes about international travel and school enrolment.
No. A mother who holds custody cannot remove children from the UAE without either the father’s written consent or a court order permitting travel. Attempting to do so without authorisation may constitute child abduction under UAE law, which carries serious criminal consequences. Fathers concerned about the risk of unlawful removal can apply for a travel ban on the children to be registered with the relevant authorities.
The UAE does not have a matrimonial property regime equivalent to community property systems in other jurisdictions. Each spouse generally retains ownership of assets registered in their own name. Joint assets — such as jointly owned property — are typically divided by agreement or, failing agreement, through court proceedings. Financial contributions made during the marriage to assets registered solely in the other spouse’s name may give rise to a claim, but these are complex and fact-specific.
Under UAE personal status law applicable to Muslims, a divorced wife is entitled to: mahr (dower) if unpaid; mut’ah (consolation payment reflecting the duration of the marriage); maintenance during the iddah period (the waiting period following divorce); and continued child maintenance where she retains custody. The quantum of each entitlement depends on the specific facts, the financial position of the husband, and the duration of the marriage.
While fathers are typically the legal guardians, they can lose day-to-day custody rights in circumstances where the court determines that their conduct is contrary to the child’s best interests — for example, in cases of domestic violence, substance abuse, or persistent failure to maintain the child financially. Courts take the welfare of the child as the paramount consideration in all custody determinations.
Yes. The UAE has specific legislation addressing domestic violence — Federal Law No. 10 of 2019 on Protection from Domestic Violence — which provides civil protection orders, criminal consequences for perpetrators, and can be relied upon in family court proceedings including divorce. Proof of domestic violence is relevant to both the divorce proceedings and any associated custody and financial claims.
An uncontested divorce — where both parties agree on all issues — can be concluded relatively quickly, sometimes within a few months. A contested divorce involving disputes over custody, financial matters, or property can take considerably longer, often one to two years or more depending on the complexity of the issues and the court’s caseload. Mediation is encouraged and can significantly reduce the time and cost of resolution.
Yes. Non-Muslim expatriates can marry in Dubai through their respective embassy or consulate, or through civil marriage registration facilities available in some emirates. The ceremony and legal requirements vary by nationality and religion. It is advisable to check with your embassy about the specific documentation required and whether the marriage will be recognised in your home country.
Prenuptial agreements are recognised in UAE law to varying degrees depending on the religious and legal framework applicable to the couple. For non-Muslims, courts have shown increasing willingness to consider and give weight to prenuptial arrangements. For Muslims, prenuptial agreements must comply with Islamic personal status principles to be enforceable. Legal advice before signing any prenuptial agreement in the UAE is essential to ensure it will be effective.
UAE family law does recognise the right of extended family members, including grandparents, to maintain relationships with children. Grandparents can apply to the court for visitation rights where they are being unreasonably denied contact with grandchildren. The court will consider the best interests of the child in determining whether and on what terms such rights should be granted.
CRIMINAL LAW — FAQs
You have the right to remain silent and to be informed of the reason for your arrest. You should request access to your country’s consulate or embassy immediately. You also have the right to legal representation — you should ask for a lawyer before answering any questions. Do not sign any document in Arabic unless you fully understand its contents and have had it explained to you by a qualified interpreter or lawyer.
UAE law permits the police to hold a suspect for up to 48 hours without charge. After this period, either charges must be filed or the matter referred to the Public Prosecution, which can authorise extended detention. The Public Prosecution has significant powers to extend detention periods while investigations continue. If you or someone you know has been detained, obtaining legal representation as early as possible is critical.
Historically, issuing a bounced cheque in the UAE was a criminal offence that could result in imprisonment. Legislative changes introduced in 2022 partially decriminalised cheque-related matters for first-time instances, focusing instead on civil remedies. However, cheques issued as guarantees and certain categories of dishonoured cheques can still carry criminal consequences depending on the circumstances. Legal advice should be sought immediately if you are facing a bounced cheque complaint.
Drug offences in the UAE are treated with extreme seriousness. Possession, use, trafficking, or production of controlled substances can result in lengthy prison sentences and deportation. Even trace amounts of a controlled substance can give rise to prosecution. Certain medications that are legal in other countries are classified as controlled substances in the UAE — travellers should verify the legal status of any medication before bringing it into the country.
Alcohol consumption is legal for non-Muslims in Dubai in licensed venues — hotels, restaurants, and licensed clubs. It is not legal to drink in public places or to drive under the influence of alcohol. The legal blood alcohol limit for driving is zero. Being intoxicated in a public place can result in arrest and criminal proceedings. The rules are strictly enforced, and ignorance of the law is not accepted as a defence.
Yes. UAE cybercrime law — Federal Decree-Law No. 34 of 2021 — criminalises online content that is considered defamatory, offensive to individuals or institutions, contrary to public order or morals, or that violates another person’s privacy. Posts made from outside the UAE can still attract UAE jurisdiction in certain circumstances, particularly where the content relates to UAE individuals or institutions. Social media-related prosecutions are not uncommon and can result in significant prison terms.
Once the Public Prosecution files charges, the case is referred to the relevant criminal court. The accused has the right to review the charges and the evidence against them, and to be represented by a lawyer throughout the proceedings. Criminal trials in Dubai can move relatively quickly by international standards. Convictions can be appealed to the Court of Appeal and, in serious matters, to the Court of Cassation. Foreign nationals convicted of criminal offences are typically deported after serving their sentence.
Federal law reforms enacted in 2020 decriminalised consensual cohabitation between unmarried adults at the federal level. However, the application of these reforms varies, and certain more conservative emirate-level regulations may still apply in specific contexts. Practically speaking, unmarried couples living together in Dubai generally do so without legal difficulty, but the legal position is nuanced and those with concerns should seek specific advice.
You should report the crime to the local police as soon as possible. The UAE police take reports from tourists and expatriates seriously, and victims of crime have the same right to protection and justice as UAE nationals. You should also notify your embassy or consulate, particularly if you have suffered serious harm or if the matter may require diplomatic assistance. Retain all evidence and documentation relating to the incident.
Yes. UAE law prohibits content that is deemed to damage the reputation of the state, its institutions, or its leaders. This includes content shared on social media or messaging platforms. Such offences carry severe penalties including substantial prison terms. Individuals — including foreigners — have been prosecuted for social media posts critical of the UAE government. This is an area of law that should be taken extremely seriously by all residents and visitors.
The Public Prosecution in the UAE is an independent authority responsible for investigating crimes, deciding whether to file charges, and representing the state in criminal proceedings. The Public Prosecution has broad investigative powers, including the power to authorise detention, order searches, and compel the production of evidence. It plays a central role at every stage of the criminal justice process from investigation through to sentencing.
In certain categories of criminal case — particularly those involving personal disputes, minor assaults, or financial matters between private parties — the complainant’s withdrawal of the complaint can lead to the discontinuation of proceedings. This is sometimes referred to as a “settlement” or “waiver.” However, this is only available in cases where the offence is considered a private right matter. Serious criminal offences — drug crimes, violent offences, and public order matters — cannot be resolved through private settlement.
A defendant convicted by the Court of First Instance can appeal to the Dubai Court of Appeal, which will conduct a full review of the conviction and sentence. A further appeal to the Court of Cassation is available on points of law. The prosecution can also appeal an acquittal or a sentence it considers insufficient. Time limits apply to appeals and must be observed strictly — legal representation is essential throughout the appellate process.
LABOUR LAW — FAQs
No. A unilateral reduction in salary by an employer without the employee’s written consent is not permitted under UAE Labour Law. Any agreed salary reduction must be documented in a formal amendment to the employment contract and must not reduce the salary below any applicable minimum. An employee who has had their salary reduced without consent can file a complaint with MOHRE and claim the shortfall.
The notice period for resignation is determined by the employment contract, subject to the statutory minimums under Federal Decree-Law No. 33 of 2021. The statutory minimum notice periods are: 30 days for employees with one to three years of service, 60 days for three to five years, and 90 days for more than five years. An employee can pay compensation in lieu of working their notice, typically equivalent to the salary for the notice period.
Yes. Employees who resign after completing one full year of continuous service are entitled to end of service gratuity. The gratuity is calculated based on the employee’s basic salary and length of service. For the first five years, the entitlement is 21 calendar days’ basic salary per year. For service beyond five years, it increases to 30 calendar days’ basic salary per year. The total gratuity payable is capped at two years’ total basic salary.
No. Gratuity is a statutory entitlement that cannot be withheld on the basis of resignation. It can only be partially offset in specific circumstances — for example, where the employer has a valid court-awarded claim against the employee. An employer who withholds gratuity without lawful justification is in breach of UAE Labour Law, and the employee can recover the full amount through MOHRE or the courts.
Arbitrary dismissal occurs when an employer terminates an employee without valid reason, or uses a stated reason that is not genuine. Under UAE Labour Law, an employee who is arbitrarily dismissed is entitled to compensation of up to three months’ full salary (basic plus allowances), in addition to all other statutory entitlements including notice pay, gratuity, and leave encashment. The court assesses the compensation within the three-month cap based on the specific circumstances.
Working for another employer while still formally employed — including during a notice period — without the current employer’s consent may breach the employment contract and potentially violate the terms of your work permit. Some contracts contain exclusivity clauses that expressly prohibit secondary employment. The safest course is to either obtain written consent from your current employer or ensure your employment has formally ended before commencing new employment.
A non-compete clause is a contractual provision that restricts an employee from working for a competitor or starting a competing business for a specified period after leaving employment. UAE Labour Law permits non-compete clauses but limits their enforceability — they must be reasonable in duration (not exceeding two years), geographic scope, and the type of work restricted. Courts will not enforce a non-compete clause that goes beyond what is reasonably necessary to protect the employer’s legitimate business interests.
Non-payment of salary for 60 days or more is a serious breach of UAE Labour Law and triggers specific protections under the Wage Protection System (WPS). You should first send a formal written demand to your employer. If payment is not made promptly, you can file a complaint with MOHRE — this triggers a conciliation process, and if unresolved, the matter is referred to the labour courts. MOHRE takes wage non-payment extremely seriously and the process moves relatively quickly.
An employer cannot dismiss an employee solely for taking sick leave within the statutory entitlement of 90 days per year. During sick leave, the employee receives full pay for the first 15 days, half pay for the following 30 days, and unpaid leave for the final 45 days. Dismissal of an employee who is on certified sick leave is treated with serious scrutiny and may give rise to both a wrongful dismissal claim and, if the dismissal is found to be connected to the illness, a discrimination or arbitrary dismissal claim.
Employees working in UAE free zones — such as JAFZA, DIFC, ADGM, or DMCC — are subject to the employment regulations of their specific free zone, which may differ from the mainland UAE Labour Law. For example, DIFC and ADGM operate under their own employment laws modelled on English common law principles. Employees should ensure they understand which regulatory framework governs their employment, as the rights and remedies available can differ significantly.
The Wage Protection System is an electronic salary transfer system operated by the UAE Central Bank that requires employers to pay salaries through approved financial channels by a specified date each month. Employers who fail to pay salaries on time are flagged by the system, which can result in regulatory penalties including the suspension of the employer’s ability to obtain new work permits. The WPS provides employees with a mechanism to evidence wage non-payment.
Confiscating an employee’s passport without their consent is illegal in the UAE. An employee’s passport is their personal identity document and property. Employers who retain passports without authorisation are in breach of UAE law and the employee can report this to MOHRE or the police. An employee should never voluntarily surrender their passport to an employer and should seek immediate assistance if their passport is withheld.
PROPERTY LAW — FAQs
Yes. Foreigners can purchase property in designated freehold areas in Dubai, which have been substantially expanded over the years to include many of the most popular residential developments. In freehold areas, a foreigner can own the property outright with no time limit on ownership. Outside freehold areas, foreigners can purchase leasehold interests of up to 99 years. The list of freehold areas is maintained by the Dubai Land Department.
The key steps in a Dubai property purchase are: agreeing terms and signing a Memorandum of Understanding (MOU/Form F); paying the deposit (typically 10%); conducting due diligence on the property and developer; obtaining a No Objection Certificate (NOC) from the developer; transferring ownership at the Dubai Land Department (DLD); and paying the DLD transfer fee (currently 4% of the purchase price). The process typically takes 30 to 60 days for a secondary market transaction.
Beyond the purchase price, buyers should budget for: the DLD transfer fee of 4%; DLD administrative fees; the real estate agent’s commission (typically 2% paid by the buyer); mortgage registration fees if applicable (0.25% of the loan amount plus administration fees); conveyancing legal fees; and service charges from the date of transfer. These additional costs typically add 6 to 8% to the total cost of acquisition and should be factored into financing from the outset.
An off-plan property is one purchased from a developer before construction is complete, typically at an early stage of the project. Off-plan purchases offer attractive payment plans and often lower entry prices, but carry specific risks including developer insolvency, construction delays, and the possibility that the completed property does not match what was marketed. Buyers should verify that the developer is registered with RERA, that the escrow account is properly maintained, and that the sale and purchase agreement is reviewed by a qualified property lawyer before signing.
RERA requires developers to maintain escrow accounts into which off-plan purchase payments are deposited and from which funds are released only in accordance with construction milestones. If a developer defaults, RERA has the power to intervene — including appointing a new developer to complete the project, authorising refunds from the escrow account, or registering the project for liquidation. Buyers who believe their developer is in default should seek legal advice and contact RERA promptly.
A title deed issued by the Dubai Land Department is the definitive legal document confirming ownership of a property. It records the owner’s name, the property’s location and description, and any encumbrances such as mortgages. Only a property registered with the DLD and evidenced by a title deed constitutes legally recognised ownership. A buyer who completes a transaction without registering with the DLD and obtaining a title deed does not have legally protected ownership.
Residential property owners in Dubai are generally free to rent their property, but must register the tenancy agreement through the Ejari system. Short-term rental (holiday letting) is regulated by the Dubai Department of Economy and Tourism, and properties used for short-term rental must be licensed. Owners of properties in buildings or communities managed by a homeowners association should also check the community rules, as some developments restrict certain types of letting.
Under UAE tenancy law, the landlord is responsible for maintaining the property in a condition fit for the purpose for which it was let, carrying out major repairs, and ensuring that the structure and essential services are in good working order. Day-to-day maintenance and minor repairs are typically the tenant’s responsibility. If a landlord fails to carry out required maintenance, the tenant can apply to the Rental Dispute Settlement Centre for an order requiring the works to be done or for a reduction in rent.
No. Rent increases in Dubai are regulated by the RERA Rent Index. A landlord can only increase rent upon renewal of the tenancy contract, with 90 days’ written notice before the renewal date, and the increase cannot exceed the percentage permitted under the RERA rent calculator for the relevant property and area. Any rent increase that exceeds the RERA-permitted amount can be challenged at the Rental Dispute Settlement Centre.
A landlord wishing to evict a tenant must serve a formal eviction notice through a notary public. The minimum notice period is 12 months in most circumstances. Valid grounds for eviction include the landlord’s intention to sell the property, personal use by the landlord or a first-degree relative, or demolition and redevelopment. A landlord cannot evict a tenant simply because they want the property back — a valid ground must exist. Failure to follow the correct procedure renders the eviction notice invalid.
A tenant whose security deposit is unlawfully withheld by a landlord at the end of the tenancy can file a complaint at the Rental Dispute Settlement Centre. The tenant should document the condition of the property at the end of the tenancy — preferably with a formal checkout inspection report and photographs — to counter any claim by the landlord that deductions are justified by damage. The RDSC can order the full or partial return of the deposit and can impose penalties on landlords found to have acted improperly.
Jointly Owned Property Law (also known as Strata Law) in Dubai — Regulation No. 27 of 2007 — governs the management of buildings and communities where multiple owners share common areas. Under this framework, owners’ associations are responsible for managing common areas, collecting service charges, and maintaining the building. Property owners in strata communities are required to pay service charges and comply with community rules. Disputes between owners and owners’ associations can be referred to the RERA Dispute Resolution Committee.
While there is no legal requirement to use a lawyer for a property transaction in Dubai, doing so significantly reduces the risks involved — particularly for high-value purchases, off-plan transactions, and cases where one party is not resident in the UAE. A property lawyer will review the sale and purchase agreement, conduct due diligence on the title and the developer, ensure all documentation is in order for the DLD transfer, and identify any legal issues before they become costly problems. For most buyers, the cost of legal advice is a prudent investment relative to the value of the transaction.
