In September 2025, we returned to the United Arab Emirates as part of the Bar Council of England and Wales’ Family Law Delegation for the Family Law in Transition: Disputes Across Borders Conference. Building on our experience from the previous year’s visit during Dubai Arbitration Week, we participated in a dynamic panel discussion alongside barristers, solicitors from England and Wales, and local UAE family lawyers.

The conference highlighted the UAE’s rapidly evolving legal framework and its growing popularity among expatriates who now increasingly choose to resolve family disputes through the UAE courts rather than in their countries of origin.

The growing appeal of UAE divorce for British HNW families
High net worth British families living in the Gulf are increasingly filing for divorce in the UAE rather than in England. In 2024 alone, nearly 1,000 UK millionaires relocated to Dubai. Recent legal reforms have made Abu Dhabi and Dubai particularly attractive jurisdictions for non-Muslim expatriates seeking modern, efficient family law procedures.

The UAE’s dual-court system
The UAE operates a dual-court system based on religion. Non-Muslim Personal Status Courts apply codified laws, while Sharia courts govern Muslim family matters. The applicable court is often determined by the husband’s religion, which can also depend on nationality.

Abu Dhabi’s Civil Family Court (ADCFC), established in 2021, and the Dubai family courts now allow no-fault divorces, digital case management, and expedited proceedings. For example, the ADCFC recently granted a divorce with a six-figure settlement within just 30 days. This mirrors the UK’s no-fault divorce regime and eliminates the traditional Sharia requirement to demonstrate cause for divorce.

By contrast, in the other emirates, Muslim couples must still follow the fault-based divorce procedure, including the mandatory Idda waiting period. However, expatriates in Abu Dhabi can now bypass these restrictions entirely.

Since opening, the ADCFC has handled more than 1,000 expatriate divorces and operates bilingually, with hearings conducted remotely via video link. In May 2025, it approved a no-fault divorce accompanied by a record-breaking AED100 million ($27 million) settlement – the largest of its kind in the Gulf. Such developments reassure HNW clients that the UAE courts can manage complex financial arrangements upon marital breakdown.

However, it is important to note that UAE courts, whether Sharia or civil, only have jurisdiction over assets located within the UAE. This can be advantageous for HNW individuals who wish to retain ownership of assets held outside the country.

Financial disclosure and asset retention
A key difference between English and UAE proceedings lies in financial disclosure and asset ownership. England mandates a full and transparent disclosure process, whereas in the UAE, disclosure is voluntary unless compelled by a specific court order.

Asset division in the UAE is based strictly on legal ownership. For instance, if a Dubai property is registered solely in the husband’s name, he retains it unless otherwise agreed. Jointly owned property is typically divided equally, though parties can raise disputes over financial contributions, much like a Trust of Land and Appointment of Trustees Act 1996 (ToLATA)-type claim in England and Wales.

A strategic choice of forum
For wealthy families, the rise of UAE-based divorces presents both opportunities and challenges. On one hand, the UAE’s reformed system offers speed, modernity, and procedural efficiency – reducing both emotional strain and legal costs. On the other, the extensive financial protections available under English law are not fully mirrored in the UAE.

For British HNW individuals with ties to the Gulf, this represents a genuine choice of forum. England has long been regarded as a generous jurisdiction for economically weaker spouses. However, since SA v FA (2022), the English courts have recognised the UAE as a legitimate forum for financial settlements involving UK couples residing there.

Any British spouse seeking to revisit their financial arrangements in the UK must apply under Part III of the Matrimonial and Family Proceedings Act 1984. To succeed, the applicant must demonstrate a strong English connection such as domicile, habitual residence, or ownership of a matrimonial home in England and show that the UAE settlement was genuinely inadequate or unfair.

A changing legal landscape
The UAE’s reforms mark a decisive shift in the region’s approach to family law. With faster timelines, greater accessibility, and a growing body of case law involving expatriates, the country is positioning itself as a modern, international hub for family dispute resolution.