Essential Family Law Considerations for Expats in the UAE
Amie Roberts • May 6, 2025
What Every Expat Needs to Know
Moving to the UAE as an expat offers exciting opportunities, but it also comes with important legal considerations, especially when it comes to family law. Understanding how local laws apply to personal matters such as marriage, divorce, child custody, and inheritance is crucial for protecting yourself and your loved ones. Here are some key legal aspects every expat should consider when relocating to or living in the UAE.
1. The Importance of a UAE Will
One of the most critical steps for expats in the UAE is drafting a will. Unlike many home countries where assets may automatically pass to a spouse or children, the UAE applies local laws in the absence of a registered will. This means that inheritance may be distributed differently from what you intend.
By registering a will with the DIFC Wills Service Centre or the Abu Dhabi Judicial Department, expats can ensure their assets are distributed according to their wishes, providing peace of mind for themselves and their families.
2. Marriage & Divorce for Expats
The UAE recognises marriages conducted both locally and abroad, but expats should understand how their home country’s laws interact with UAE regulations. With recent family law reforms, non-Muslim expats now have the option to follow civil law for marriage, divorce, and custody matters.
However, if no clear choice of law is made, then a person may not get the choices they want in terms of assets and guardianship for their children which can affect financial settlements, custody arrangements, and even the validity of prenuptial agreements. Seeking legal advice before marriage or divorce proceedings is essential to ensure your rights are protected.
3. Financial & Property Rights
Expats who purchase property in the UAE should understand how ownership laws work in designated expat-friendly areas. Joint property ownership, business assets, and even bank accounts can be subject to local inheritance laws if proper legal planning is not in place.
Additionally, couples should be aware of financial rights in divorce cases, as UAE courts may handle asset division differently than their home country. Having legal agreements, such as a prenuptial or postnuptial agreement, can help clarify financial matters and prevent future disputes.
4. Legal Protection for Expats
Recent legislative reforms have introduced civil family laws for both Muslims and non-Muslims expats, simplifying legal procedures for marriage, divorce, wills, and inheritance. These changes provide greater autonomy for expats who wish to follow legal frameworks more aligned with their home country’s laws. However, it remains essential to seek expert legal guidance to navigate the process effectively.
Final Thoughts
Relocating to the UAE is an exciting step, but ensuring legal protection for yourself and your family is just as important as settling into a new home. From registering a will to understanding marriage, divorce, and custody laws, taking proactive steps can prevent legal complications down the line.
For expats planning a move to the UAE, consulting a specialist family and expat lawyer can provide clarity and peace of mind, ensuring a smooth transition to life in the Emirates.
Author: Samara Iqbal TEP
Director and Founder of Aramas Law/Aramas International Lawyers Ltd
International Family Lawyer/Sharia Law Scholar & Expert
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