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UAE: British high court endorses Abu Dhabi’s jurisdiction in hearing divorce case

This is following a jurisdiction issue raised before the British Court with relation to divorce proceedings issued by the wife

Published: Sun 30 Oct 2022, 2:03 PM

Updated: Sun 30 Oct 2022, 10:37 PM

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The Abu Dhabi Judicial Department has appreciated the international trust in Abu Dhabi Courts with the issuance of a historic judgement by a High Court in England.

The Abu Dhabi Civil Family Court is the correct forum for hearing a family dispute between a British couple staying in the emirate of Abu Dhabi, the judicial department’s statement said.

The British High Court issued its judgement, confirming that the Family Civil Court in Abu Dhabi is competent to hear the disputes between the British couple residing in the emirate.

In his judgement, Justice Edward Hess affirmed that the Abu Dhabi Civil Family Court has been established with a view to giving assurance and maintaining rights of expats based on the law provisions and the universally-recognized principles of justice.

Therefore, the British Court is content to decide that the Abu Dhabi court, not the English Court, is the appropriate jurisdiction to hear the divorce case.

This judgement followed the jurisdiction issue raised before the British Court in relation to divorce proceedings issued by the wife. The husband, however, argued that the Abu Dhabi court was the best jurisdiction to deal with the divorce, given the fact that the couple is domiciled in the UAE.

The High Court in England issued its ruling upholding the jurisdiction of the Abu Dhabi Civil Family Court to hear the divorce case, and stressing that the embryonic court has been set up with a view to giving assurance to non-Muslims and expats living in the UAE that they will be dealt with in a way which is commensurate with norms of non-Muslim countries.

The Abu Dhabi Civil Family Court was established under Law No. 14 of 2021 regarding civil marriage and divorce in the Emirate of Abu Dhabi, which provides, for the first time in the Middle East, a family law based on international best practices; and upholds the freedom of individuals and their right to marriage and divorce, noting that the law allows unilateral divorce, gives equal access to divorce for husband and wife, and equally treats male and female in terms of and civil inheritances and testimony before the court.

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