Family Law
Divorce in the UAE: A Complete Legal Guide for Expats and Residents
Navigating a divorce in the UAE can be complex — especially for expatriates. UAE divorce law is governed by Federal Law No. 28 of 2005 on Personal Status, and the process differs significantly depending on your religion and nationality.
Types of Divorce in the UAE
- Talaq — Divorce pronounced by husband, registered with court
- Khul’ — Wife-initiated divorce by returning the dowry (mahr)
- Judicial Divorce (Faskh) — Either spouse files in court citing harm, abandonment, or failure to provide
The Dubai Family Court Process
- File a petition at the Personal Status Court in Dubai
- Mandatory reconciliation committee session
- If reconciliation fails, the judge proceeds
- Ruling issued on divorce, custody, alimony, and assets
- Divorce registered with the relevant authority
Child Custody Rules Mothers typically receive physical custody until age 11 (boys) and 13 (girls). Courts always prioritise the child’s best interest. Fathers retain legal guardianship in most cases.
Non-Muslim Expatriates Since 2023, UAE courts offer civil divorce for non-Muslims that does not require proof of fault. Expatriates may also apply their home country’s law under certain conditions.
Schedule a Family Law Consultation.
Criminal Defense
Arrested in Dubai? Here Is Exactly What To Do in the First 24 Hours
An arrest in Dubai does not have to lead to a conviction. Under UAE Federal Law No. 35 of 1992, you have the right to remain silent, request a lawyer, and be informed of charges in a language you understand.
Your Legal Rights Upon Arrest
- Right to remain silent — do not self-incriminate
- Right to a lawyer before answering questions
- Right to a free Arabic-English interpreter
- Right to be brought before a prosecutor within 48 hours
- Right to contact your embassy (foreign nationals)
What To Do Immediately — Step by Step
- Stay calm. Do not resist or argue with officers
- Say clearly: “I request a lawyer before answering any questions”
- Do not sign any documents without your lawyer present
- Contact your embassy if you are a foreign national
- Call MBH Advocates: +971 4 29 51 555
Common Offences in Dubai Bounced cheques, drug possession, cybercrime and social media posts, alcohol-related offences, labour disputes, domestic disputes.
How MBH Advocates Defends You Our criminal defense team attends police stations, public prosecution offices, and all UAE courts. We have represented clients in financial crimes, drug charges, violent offences, and cybercrime cases.
Contact Our Criminal Defense Team.
Real Estate
Property Disputes in Dubai: How to Recover Your Investment Legally
Real estate disputes in Dubai range from developer delays and off-plan cancellations to landlord-tenant conflicts and title deed issues.
Common Disputes
- Off-plan property delays or cancellation by developer
- Developer refuses to transfer title deed after full payment
- Landlord refuses to return security deposit
- Illegal eviction or rent increase disputes
- Construction defects
Which Authority Handles Your Case
| Authority | Handles |
|---|---|
| Dubai Land Department (DLD) | Title deed issues, developer complaints |
| Rental Dispute Settlement Centre (RDSC) | Landlord-tenant disputes |
| RERA | Off-plan project cancellations |
| Dubai Courts | High-value and complex litigation |
Off-Plan Dispute Rights Under Law No. 13 of 2008, developers must register projects with RERA. If cancelled, buyers are entitled to a full refund from the escrow account. MBH Advocates has represented dozens of buyers in off-plan cancellation cases.
Speak to a Real Estate Lawyer.
Corporate Law
Setting Up a Business in Dubai: Legal Requirements You Cannot Ignore
Company formation in Dubai requires careful legal structuring. Errors at formation stage create costly legal problems later. MBH Advocates has handled hundreds of business formations and ownership transfers across all UAE jurisdictions.
Choosing Your Business Structure
| Type | Ownership | Best For |
|---|---|---|
| Mainland LLC | Up to 100% foreign (post-2021) | Local market access |
| Free Zone Company | 100% foreign | Export, consulting, tech |
| Offshore Company | 100% foreign | Holding, investment |
| Branch Office | Foreign parent | Expanding existing business |
Key Legal Steps
- Choose your business activity and legal structure
- Reserve trade name with DED or Free Zone authority
- Draft and notarise the Memorandum of Association (MOA)
- Obtain approvals from relevant ministries
- Secure office space and Ejari registration
- Apply for trade licence
- Open a corporate bank account
- Register with the Federal Tax Authority (FTA)
Mistakes to Avoid Choosing the wrong structure, skipping legal review of the MOA, using an undocumented local sponsor, failing to register with UAE authorities before trading.
Get Business Formation Legal Advice
Debt Recovery
Debt Recovery in the UAE: Legal Steps to Get Your Money Back
Whether owed money by an individual or a company, UAE law provides effective legal mechanisms. MBH Advocates has recovered over 1 billion AED in debt for clients through UAE courts in Dubai, Sharjah, and Ajman.
Legal Mechanisms Available
- Payment Order (Amr Al Adaa): Fast-track court order for undisputed debts — issued in 3–7 working days
- Asset Attachment: Courts can freeze bank accounts, vehicles, and property
- Travel Ban: Prevents the debtor from leaving the UAE
- Bankruptcy Proceedings: For insolvent companies under Federal Law No. 9 of 2016
Bounced Cheques — Civil and Criminal Options After 2022 amendments, criminal liability focuses on intentional fraud. You can pursue both a civil recovery claim AND a criminal complaint simultaneously. Our team advises the best approach for your situation.
How to Start
- Send a formal legal demand letter (required before filing in court)
- File a claim with the relevant court
- Obtain a payment order or proceed to full litigation
- Enforce the court judgment — freeze assets, collect payment
Start Your Debt Recovery Case