Abu Dhabi's Civil Family Court: A Welcome Innovation – But Not Without Its Gaps
- Ned Vucijak
- 10 hours ago
- 5 min read
By León Fernando Del Canto, Barrister (England & Wales), EU-qualified lawyer. Practising in the UAE for over 15 years.
Abu Dhabi has taken bold steps to modernise family justice, and none is more striking than the creation of the Abu Dhabi Civil Family Court (ADCFC) under Law No. 14 of 2021 Concerning Personal Status for Non-Muslims (referred to as the CPSA 2021).
For British and European expatriates, the introduction of a secular, bilingual court is a quiet revolution in a region historically governed by religion-based personal status rules.
From my perspective as a practitioner working across the Gulf, the ADCFC represents a major advance. But while the new system offers speed, accessibility, and a digital-first approach, it also raises important questions about jurisdiction, disclosure, fairness, and enforceability—especially for those with continuing ties to the UK or Europe.
A Modern Court Built for a Global Society
The ADCFC is structured around four core innovations:
No-fault divorce: Enabling termination of the marriage without proving wrongdoing.
Joint custody as the default: A progressive position on parental responsibility.
Remote hearings accessible worldwide.
Fully bilingual (Arabic–English) procedures.
This digital, streamlined model reflects how international families live today. Proceedings are fast, confidential, and globally accessible. The numbers speak to its success: over 43,000 civil marriage contracts have been processed since 2021, with more than 10,000 applications in the first half of 2025 alone—a 20% increase year-on-year.
For expatriates used to lengthy and emotionally draining processes in Europe, the ADCFC offers swift justice with minimal bureaucracy.
Jurisdiction: Broad, Practical – and Potentially Problematic
Under Article 4 of the Civil Personal Status Law 2021, the ADCFC may assume jurisdiction if either spouse:
Resides in Abu Dhabi.
Works there.
Owns property in the Emirate.
Conducts business activities locally.
This accessibility is admirable, but the breadth of the criteria introduces a familiar challenge for cross-border families: forum shopping. Practitioners must confirm and document the jurisdictional nexus (e.g., residence certificate, employment contract).
By contrast, EU jurisdiction is tightly regulated under Regulation (EU) 2019/1111 (Brussels II ter), which limits jurisdiction primarily to habitual residence, nationality, or domicile.
The wider Abu Dhabi gateway may tempt litigants seeking speed or favourable outcomes, but such choices may carry severe consequences when orders must later be enforced abroad.
Recognition in Europe: The Exequatur Hurdle
Because the UAE does not participate in the European Union's judicial cooperation mechanisms, ADCFC judgments are not automatically recognised under Regulation (EU) 2019/1111 (Brussels II ter). Since the UAE is outside this framework, ADCFC judgments are treated as "third-country judgments" by EU courts.
Consequently, any party seeking to enforce or register an ADCFC order (divorce or financial) in an EU Member State must apply for a formal Declaration of Enforceability, a process historically known as Exequatur.
Exequatur is a judicial procedure relying on the national private international law rules of the specific Member State where recognition is sought. The receiving national court will conduct a mandatory review, which may result in refusal if the foreign judgment:
Contradicts the country’s public policy (a broad test that can include principles of equality and fairness).
Violated procedural fairness (e.g., if the respondent was not properly served or notified).
Compromised equality principles or other fundamental rights.
The limited disclosure inherent in the ADCFC proceedings (as detailed in Articles 8–13 of the Civil Personal Status Law 2021) can make a judgment vulnerable during the exequatur process, particularly in jurisdictions with strong public policy mandates on financial equity and due process.
Part III MFPA 1984: The Key Vulnerability for ADCFC Orders
For families with UK ties, the analysis is distinct. ADCFC decrees of divorce are generally recognised as valid divorces in England and Wales under the Domicile and Matrimonial Proceedings Act 1973. However, this recognition applies only to the marital status change and not automatically to any ancillary financial orders made by the ADCFC.
Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) permits a party to an overseas divorce to apply to the English court for financial relief.
This is often used by the economically weaker spouse who may have received a limited or inadequate award from a foreign court.
Three core features of ADCFC procedure create systemic vulnerabilities:
Limited Disclosure Powers: The ADCFC cannot compel worldwide financial disclosure. Evidence is often voluntarily provided, limited to Abu Dhabi-based assets, or derived from selective financial documents. By contrast, English courts require full, frank, and global disclosure. A financial award based on partial disclosure is exactly the situation Part III was created to remedy.
The "Substantial Injustice" Gateway: To bring a Part III application, the applicant must first obtain leave. A key hurdle is the requirement that the applicant demonstrate "substantial injustice" would be suffered if the English court did not intervene. Given the limited disclosure and the narrower economic enquiries, the English court is likely to find that "substantial injustice" can be established, particularly where significant non-Abu Dhabi assets exist.
Easy Jurisdictional Routes into England: A Part III application may proceed if the applicant satisfies a jurisdictional test, usually based on their domicile or habitual residence in England & Wales, or the respondent owning property there. British expatriates frequently retain a UK domicile of origin, meaning the English courts will often have the necessary jurisdiction to revisit an ADCFC settlement.
Practical Advice for Families and Lawyers
ADCFC Orders Are Not Final for English Purposes. Even a detailed financial judgment in Abu Dhabi does not close the door to future claims in England. Where a client maintains a UK connection, the risk of a Part III application should be considered from the outset. Lawyers advising clients in the ADCFC must be proactive and recommend that the parties:
Encourage voluntary, global disclosure in Abu Dhabi proceedings.
Formally record that both parties acted with full knowledge of assets worldwide.
Prepare a parallel English-law compliant post-nuptial or settlement agreement where appropriate.
Ensure the client understands that an ADCFC award may be vulnerable to re-litigation in England.
Fairness, Disclosure and the Human Element
The ADCFC's digital infrastructure is state-of-the-art, but family cases also require judges to assess credibility, human behaviour, and the emotional dynamics of separation.
In European courts and in England & Wales judicial engagement and intervention on fairness grounds is a key consideration.
While the court's formula-based approach to financial settlements provides certainty, it may lack the nuanced consideration of individual circumstances that characterises English family law. Efficiency is an asset—but only when paired with procedural depth.
A Complement, Not a Competitor
The ADCFC is a courageous and forward-looking model of family justice. Its bilingual, digital, and secular nature reflects the realities of a globalised population.
Yet its long-term influence depends on whether foreign courts—especially those in Europe and the UK—can trust its procedures and outcomes.
Until clearer recognition frameworks exist, European and UK courts will remain the ultimate gatekeepers of cross-border fairness.
Abu Dhabi has shown that family law can be reimagined for the digital age. The court has processed over 1,000 divorce cases and continues to attract international families seeking swift, accessible justice.
The next step is ensuring that accelerated justice does not come at the expense of disclosure, procedural depth, and enforceability—the fundamental elements that give judgments international credibility.
For now, the ADCFC represents significant progress, but families with cross-border ties should proceed with eyes wide open to the complexities that remain.
Fernando Del Canto
Barrister | Abogado
