Abu Dhabi courts in the UAE have recorded the first civil divorce case in the family civil court between a Muslim woman and a non-Muslim man, under what is known as a "no-fault" divorce, meaning there is no fault or legal condition that necessitates the divorce. The couple married in 2019 in Australia before moving to live in the UAE. After their relationship deteriorated, the husband filed for a no-fault divorce under Abu Dhabi Law No. 14 of 2021, which regulates civil marriage matters. This law allows the husband to "request a unilateral divorce without the need to prove fault or assign blame," according to "The National."
No-fault divorce is a common separation in Western countries, where it does not require any specific fault on the part of either spouse. Byron James, who represented the British man in the Abu Dhabi family court, stated that this ruling "reflects a deep commitment to justice and fairness, ensuring that expatriates, including foreign Muslims, have access to fair and neutral legal recourse."
He added that "the ruling not only provides justice for my client but also sets a positive precedent for the future. It demonstrates the legal framework of the UAE, particularly the laws governing civil marriage and divorce, reflects the country's commitment to adapting and updating its judicial processes to serve its diverse population."
In addition to the divorce, the court confirmed joint custody of the couple's child under Article 26 of the same law. James remarked, "This ruling is a milestone for foreign Muslims living in the UAE, clarifying many critical points." He continued, "The decision confirms that foreign Muslims can seek and attain justice in civil courts in Abu Dhabi regarding personal status matters, enjoying the same legal protections and considerations as other expatriates and citizens."
The family civil court opened in December 2021 within the Abu Dhabi Judicial Department, as part of new legislation to better support the laws related to residents in the emirate, allowing non-Muslims to marry, divorce, and obtain joint custody of children under the new civil law in Abu Dhabi. According to media reports, this move aims to maintain the UAE's competitiveness as a regional business hub, as personal status laws concerning marriage and divorce were previously based solely on Islamic law principles in the UAE.
