In a mutual divorce, who obtains custody of the child?

In the UAE, child custody laws primarily revolve around ensuring the well-being of the child.

These laws introduce a distinctive concept known as ‘guardians’ and ‘custodians’ specific to UAE custody regulations. According to the law, the father assumes the role of the ‘guardian,’ responsible for the child’s financial support. On the other hand, the mother is designated as the ‘custodian,’ responsible for the child’s physical custody and care. Despite the unique roles assigned by UAE law, either parent can seek custody rights, and there are provisions to prevent parental child abduction. Under certain circumstances, expatriates residing in the UAE can apply the laws of their home country.

Child custody issues are of paramount importance in the UAE, particularly in Dubai, where post-divorce custody arrangements are subject to distinct responsibilities for both parents. The roles of ‘guardian’ and ‘custodian’ come into play here as well.

A ‘guardian’ in Dubai is legally obligated to raise the child, make important decisions regarding education, and attend to the child’s diverse needs. Dubai places significant emphasis on the responsibilities associated with child custody following divorce. In many cases, the mother is granted primary custody of the child after divorce, with the father retaining the role of guardian.

Child custody becomes a focal point of contention during divorce proceedings in Dubai, often resulting in the mother being awarded custody.

Requirements for Custodianship

In the United Arab Emirates, the legal framework prioritizes the best interests of a child when determining custody arrangements after divorce. To obtain custody of a child, a caregiver must satisfy specific criteria, which include possessing sound mental health, being capable of providing proper childcare, being free from contagious diseases, and not being subject to a significant prison sentence.

By specific regulations, custody of a child after divorce in the UAE is typically granted to the parent who practices the same religion as the child. However, if it is determined that the child’s well-being would be better served by a parent of a different faith, the courts are not obligated to adhere to this provision.

Child Custody in Cases of Mutual Divorce

Under Federal Law No. 28 of 2005 for Personal Affairs in the United Arab Emirates, the father assumes the role of Guardian, while the biological mother becomes the Custodian:

The day-to-day care of the child falls under the responsibility of the Custodian, often granted to the mother, particularly for boys until the age of eleven and girls until the age of thirteen. Importantly, this Custodian role does not diminish the rights of the Guardian.

The father is always financially responsible for all the child’s needs, including housing, food, medical care, education, and other essential expenses.

It’s essential to recognize that the roles of Custodian and Guardian are distinct in the UAE, as both parents do not necessarily share equal parental responsibilities.

In most cases, during divorce proceedings, the mother assumes the role of Custodian, with oversight from the Guardian, typically the father.

As per the court’s stipulations, to qualify as a Custodian, an individual must satisfy the subsequent prerequisites:

1. Rational
2. Honest
3. Mature
4. Capable of caring for the minor
5. Devoid of any illnesses
6. Not accused of any “honor”-related offenses.

When it comes to custodianship, various requirements must be considered.

If a mother is granted custody, certain conditions apply:

1. She is prohibited from entering into a new marriage without specific court approval.
2. The mother must adhere to the same religious beliefs as the child.

On the other hand, if a father is granted custody, the following conditions come into play:

1. The father must reside in a household with a female caregiver capable of looking after the child.
2. He must also share the same religious beliefs as the child.

Now, let’s address the duration of a mother’s claim to child custody:

A mother can request an extended custody arrangement under the following circumstances:

1. She can remain the primary caregiver for a male child until the child completes their education.
2. This custody arrangement can extend until the male child gets married to a female.
3. Such a request typically requires evidence of the child’s good academic performance and medical records.

And when can a father be considered for child custody?

If a parent believes that their child is not receiving a quality education, they have the right to seek custody. Ultimately, the court will determine custody extensions or limitations in any given situation.

Parental rights and child custody in Mutual Divorce in Dubai:

In Mutual Divorce cases in Dubai, parental rights and child custody are governed by Sharia law. In the United Arab Emirates (UAE), the Custodian is granted custody of the children after a divorce is finalized. However, even in cases where one parent is not the custodian, they can still have visitation rights under the Personal Status clause. It’s important to note that obtaining a court order is a prerequisite for exercising these visitation rights.

How can Lawyers and Legal Consultants assist you?

When it comes to Mutual Divorce Child Custody matters in the UAE, it’s essential to have the support of knowledgeable Family Lawyers in Dubai UAE. Our team of experienced family lawyers at is well-equipped to provide legal guidance in this complex area. We can help non-custodial parents navigate the legal process and, if necessary, request special permission for visitation with their child.

At HHS, our family Lawyers in Dubai offer comprehensive legal advice on various family-related issues. We work within the legal framework to protect family relationships and address conflicts sensitively and effectively. Our experienced divorce lawyers and family Lawyers in Dubai are here to assist with matters such as separation, divorce, child custody, domestic abuse, and inheritance, always ensuring confidentiality, objectivity, and tact in our approach.

In the UAE, trusts are regulated by Federal Decree-Law No. 31/2023 Concerning Trust (the Decree-Law). This guide outlines the key requirements and procedures for establishing a trust in the UAE and details the contents of the trust deed, the document that formalizes the trust.

What is a Trust?

A trust is a legal entity established under a Trust Deed in accordance with the provisions of the Decree-Law to fulfill the Purpose of the Trust.

How to Create a Trust in the UAE

The trust deed is the document that establishes the trust and outlines its terms and conditions.

The trust deed must meet the following requirements:

1. Approval by the competent authority is necessary.
2. The trust deed must be in written form and signed by the trust founder or each of the trust founders, if there are multiple founders, in accordance with the procedures of the competent authority. If the appointed trustee, or one of the trustees if there are multiple, accepts the appointment, the trust deed may also be signed by that individual.
3. It must be entered into the register maintained by the competent authority.

Once the competent authority approves the trust deed and issues a certificate of validity and enforcement for the trust, the trust deed will be registered and valid for all parties. Only a court can declare the trust invalid based on Article (39) of the Decree-Law.

The trust deed and any related documents can be in Arabic or any other language, but they must be accompanied by a certified legal translation in Arabic. In case of any conflict, the language of the original trust deed will prevail.

Key Elements of a Trust Deed in the UAE

The trust deed must include the following information:

1. A declaration by the trust founder of the intention to create the trust.
2. The identification of the beneficiary or the mechanism for identifying the beneficiary.
3. A description or determination of the nature of the trust assets in a way that allows their identification.
4. The specification of the term of the trust. If the term is not specified, the trust will be considered lifelong unless otherwise determined by the competent court.
5. The specification of the name of the trust.
6. The designation of the trustee or the mechanism for designating the trustee.
7. The determination of the powers and authorities of the trustee.

If any of the above information is missing, except for the term of the trust, the trust deed will be invalid.

The trust deed can also encompass the following:

1. Detailed particulars regarding identifying the beneficiary and assigning their share, especially in scenarios with multiple beneficiaries.
2. Clarification on whether the beneficiary’s entitlement consists of benefits from the trust assets or a direct share of the assets themselves.
3. The trustee’s authority in safeguarding beneficiaries’ interests while distributing trust assets in accordance with the trust deed.
4. Stipulations concerning the management of trust assets.
5. Procedures for appointing, dismissing, and replacing the trustee, including associated consequences.
6. Ramifications of terminating the trust.
7. Any additional matters pertinent to the trustee’s responsibilities or regulating interactions among the trustee, trust founder, beneficiary, or protector.
8. Protocol for appointing the protector and defining their powers.
9. An outline of the trust’s purpose.
10. Any other relevant subjects allowable under the Decree-Law.

Assets eligible for inclusion in the Trust must meet certain criteria:

1. Ownership and Disposability: The trust founder must have legal ownership of the assets and the authority to dispose of them, either personally or through a legal representative, in accordance with UAE laws.

2. Freedom from Third-Party Claims: Assets must be free from any existing rights or claims by third parties. If such claims exist, the founder must transfer them to the trust along with the assets.

3. Identifiability and Inclusion of Future Assets: Assets must be clearly identified or identifiable, and the trust should encompass any assets acquired in the future.

4. Discretionary Transfer: The founder has the discretion to select which assets to transfer to the trust and when to do so. Transferring assets is not a prerequisite for establishing the trust.

5. Financial Disclosure: Trust assets are not subject to mandatory financial disclosure by the trustee, unless required in their capacity as trustee or by order of a competent court, or as per UAE laws.

These conditions ensure that the trust assets are validly constituted and protected within the legal framework of the UAE.

These conditions serve to safeguard the integrity and legality of the Trust structure within the legal framework of the UAE. By adhering to these requirements, the Trust ensures that assets are transferred with clarity, accountability, and in accordance with applicable laws.

Furthermore, these stipulations provide flexibility for the trust founder to manage their assets according to their preferences and circumstances. This includes the ability to retain control over certain assets while still establishing the Trust, as well as the freedom to decide the timing and extent of asset transfers.

Additionally, the provision regarding financial disclosure strikes a balance between transparency and privacy. It ensures that the Trust’s assets are protected from unnecessary scrutiny while allowing for disclosure in situations where it is legally required or prudent to do so.

Overall, these essential requirements establish a solid foundation for the Trust, promoting confidence and reliability in its operations while offering the founder the necessary flexibility and protection.

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The Term of a trust 

The term of a trust refers to the period throughout which the trust remains active and operational. This duration can be determined through various methods, including:

1. Specified Term: The trust deed may establish a fixed duration, either in years or until a specific date.

2. Event or Condition: Alternatively, the trust deed can tie the trust’s duration to a clear, lawful, and achievable event or condition. This could include the death of the trust founder or the fulfillment of the trust’s purpose, clearly outlined in the deed.

3. Default Lifespan: In the absence of specified terms or linked conditions in the trust deed, the trust is typically presumed to be lifelong, unless circumstances suggest otherwise.

4. Regarding trusts with fixed terms but lacking provisions for asset distribution upon conclusion, the competent court can intervene. Upon the request of any interested party – such as the founder, trustee, beneficiary, or protector – the court can oversee asset distribution. This process adheres to the guidelines outlined in Article 41 of the Decree-Law, which governs trust termination.

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How Dubai Lawyers Can Help You With Trust Services in the UAE

Dubai Lawyers is a leading law firm in Dubai that offers comprehensive and professional trust services in the UAE. Whether you seek to establish a trust in Dubai, safeguard your assets, plan your estate, or transfer your wealth to the next generation, Dubai Lawyers can assist you in achieving your objectives.

Trusts stand as one of the oldest and most effective methods to protect your assets and ensure confidentiality and privacy. However, trusts in the UAE are governed by legal and regulatory standards, necessitating expert guidance. Dubai Lawyers possesses the experience, knowledge, and expertise to aid you in all facets of trust formation, administration, and management in the UAE.

If you are in search of a trustworthy and esteemed trust service provider in the UAE, reach out to Dubai Lawyers today. Our team of qualified and dedicated lawyers will deliver personalized and tailored solutions that align with your specific needs and preferences. Seize this opportunity to secure your future and legacy with Dubai Lawyers.