Interfaith Marriage, No-Fault Divorce: Why Abu Dhabi Family Court Is Popular Globally

(MENAFN- Khaleej Times)

In an era where time is often of the essence, the Abu Dhabi Civil Family Court has become a global destination for civil marriage and no-fault divorce proceedings, as well as wills and inheritance processing. Hesham Elrafei, solicitor and UAE legal expert, laid out to Khaleej Times the court's high-volume operations, accessible services, and factors behind its rising prominence among global citizens.

Byron James, a foreign advocate at the court, underscored the“sheer volume and consistency” of its cases, describing his own appearances there“three or four times a week, almost without pause since its inception".

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“So far the court has received around 48,000 applications, out of which 43,000 have been finalised,” Elrafei said. In average, the court receives 80 applications every day - around 80 couples a day.

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“Most come from places where civil marriages are only available to non-Muslims, and many applications are made by tourists who travel specifically to Abu Dhabi to get married.”

He noted that the procedures are simple. Applicants pay Dh300 and typically receive an appointment within two weeks. A same-day express service is also available for Dh2,500, which couples can even request directly at the court.“The court doesn't require complicated marital status documents like other civil courts around the world. The bride and groom only need to declare they are single,” he explained.

Ceremonies are inclusive and offered in multiple languages, including English, Spanish, Chinese, Russian and Hebrew, which allows couples to recite vows in their own language. The court also provides non-judicial services such as wedding photography. Prenuptial agreements can be notarised using ready-made templates for Dh700, eliminating the need to hire a lawyer.

The express option is proving increasingly popular, he added, with 20 per cent of couples choosing it. To make it easier, the court even introduced a 12-month interest-free instalment plan. Many opt for the service to secure symbolic dates:“Valentine's Day has been the most popular, with 120 applications submitted for February 14, along with dates like August 8, April 4, as well as New Year's and Christmas,” Elrafei noted.

Divorce: Fast, no-fault and equitable

The Abu Dhabi Family Court has also gained recognition for its streamlined divorce system .“Anyone can apply, even if they are not a resident, as long as they have ties to Abu Dhabi - like rented property, company links, or if they were married here but now live elsewhere,” Elrafei explained. Cases can be settled in a single session or within 30 days:“This is the quickest divorce in the world.”

This efficiency is possible because divorces are processed on a“no-fault” basis, with neither party required to prove wrongdoing.“Both men and women have equal rights to apply.” Unlike traditional laws where a woman must present evidence of the husband's incompetency, like mistreatment, financial irresponsibility or sexual dysfunction,“here the process is straightforward".

Filing a divorce case at the Civil Family Court costs Dh5,000.

By default, joint custody is awarded to both parents.“As opposed to the traditional court where custody is for the mother until 12 years and then transferred to the father, here they can co-parent from day one,” he said.

Financial settlements are calculated on a formula that grants the wife 20–25 per cent of the husband's wealth, multiplied by the number of years of marriage.“It's similar to the end-of-service concept,” Elrafei pointed.

James noted that some families may still prefer the traditional personal status courts depending on their priorities.“Some couples will continue to prefer the personal status courts because they reflect their traditions and provide outcomes aligned with their cultural and national expectations.

"For example, a husband might favour proceedings under his national personal status law if he wishes to avoid the civil court's formula for spousal maintenance, which is set at not less than 25 per cent of the last month's income multiplied by the number of years of marriage - and other financial orders available in the court, like the 'sharing principle' lump sum payment. Equally, a mother may prefer the personal status courts where custody is determined differently from the joint custody model that applies in the civil court," he said.

In the end, it comes down to values and priorities, James noted. The civil system often provides for equal sharing of assets in longer marriages, together with a structured approach to maintenance and custody, while personal status courts follow the norms of their own legal traditions.

"The UAE's great strength lies in offering both options, giving families the freedom to select the framework that best suits their circumstances and beliefs," he added.

He cited the landmark billion-dirham divorce claim filed last month - the highest figure in the Gulf.“The couple had significant wealth, including stocks, assets, businesses, and they were married for a long time. That is why the massive figure was considered legit,” he said.

James, who is involved in the matter, confirmed:“The billion dirham divorce case remains ongoing and is still at a relatively early stage of proceedings. Whilst I cannot disclose particulars, what is remarkable is that such a case can now be litigated locally in Abu Dhabi, when only a short time ago that would not have been possible.”

Global appeal

The court has become a magnet for couples from across the world. Elrafei said interfaith couples from Lebanon, for instance, who previously travelled to Cyprus or Turkey, now find it easier to marry in Abu Dhabi.

Even where civil marriages exist, couples from different countries often turn to Abu Dhabi to avoid bureaucratic hurdles.“They see Abu Dhabi as a win-win - an easier legal process combined with a holiday.”

James explained the surge in demand:“The explanation is really quite straightforward: the efficiency and calibre of the Abu Dhabi Civil Family Court are extraordinary. It offers a tremendous service to clients, with processes that are both swift and of the highest quality. People in the UAE are accustomed to excellence and results that match global best practice, and this court delivers that consistently. When compared with courts around the world, it is truly remarkable to see such a young institution establish itself as a leader in the field so quickly.”

He also clarified that Muslims and residents of Muslim countries are eligible.“The minimum marriage age is only 18, as opposed to 21 in other civil courts. All they need is their passport and to declare they are single. Residency is not required, which is why it is popular among tourists.”

James added that the choice between the civil and personal status courts was itself a major strength of the UAE system.“The court's jurisdiction is not determined by religion but by nationality. Its personal jurisdiction extends to all foreign nationals, known as 'ajanib', whether Muslim or not, with the exception of those from countries where Sharia is applied in personal status matters. For those nationals, their own personal status law remains applicable.

"This approach provides clarity and choice, and I believe it reflects the inclusivity and progressive spirit of the UAE. Some families will naturally continue to prefer the Sharia courts, which remain highly respected, whilst others will find the civil court an attractive alternative, and the fact that such choice now exists is itself a remarkable advancement," he said.

Wills and inheritance

Beyond marriage and divorce, the court has processed 17,000 wills so far under a“very affordable fee of Dh1,000". Applications are made online, and sessions are conducted virtually via Zoom, sparing applicants from attending in person.

Inheritance cases are also handled swiftly.“At the Abu Dhabi Family Court, the wife receives 50 per cent of the deceased husband's wealth, and the remaining 50 per cent is divided equally among sons and daughters,” Elrafei explained.

Anyone with ties to Abu Dhabi, such as residency, assets, or a will filed locally, can apply.

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