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The Best Law Firm Specializing in Custody and Alimony Cases

The Best Law Firm Specializing in Custody and Alimony Cases
When looking for the best law firm specialising in custody and alimony cases in Dubai and the UAE, the most important criterion is the lawyer's familiarity with the new Federal Personal Status Law, Federal Decree-Law No. 41 of 2024, which came into force on 15 April 2025 and replaced the previous Law No. 28 of 2005. The new law introduced major amendments to custody and alimony matters, most notably unifying the age at which custody ends at 18 for both boys and girls, granting the child the right to choose which parent to live with upon reaching 15, and removing the requirement to refer disputes to the Family Guidance Committee before litigation. At AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS, this guide explains the key custody and alimony provisions under the new law, the steps for filing a case, and the criteria for choosing the right lawyer.
Custody and alimony cases directly affect your children's wellbeing .. consult a specialist lawyer now
The Legal Basis for Custody and Alimony Cases in the UAE
Federal Decree-Law No. 41 of 2024 on Personal Status was issued on 14 October 2024 and came into force on 15 April 2025, replacing Federal Law No. 28 of 2005. The new law applies to UAE nationals and residents where either or both parties are Muslim, and governs matters of marriage, divorce, alimony, custody, visitation, lineage and guardianship, with the best interests of the child as the central standard in all custody-related decisions.
Age of Custody Termination and the Right to Choose Under the New Law
Unified Custody Termination Age of 18
Under Article 123 of the law, custody automatically ends when the child reaches 18 years of age, whether male or female, except in cases of mental illness or disability that require it to continue in the child's best interests.
The Child's Right to Choose Their Place of Residence
Article 122 grants the child, upon reaching 15 years of age, the right to choose which parent to live with, unless their best interests require otherwise.
Guardian Conditions and When Custody Lapses
  • Trustworthiness, sound mind, and good health are among the essential conditions for the custodian under Article 113 of the law.
  • The custodian must not marry someone who is not a mahram (unmarriageable relative) of the child, unless the court decides otherwise in the child's best interests.
  • Under Article 115, custody lapses if any of the custodian's conditions are no longer met, or if they engage in conduct harmful to the child's interests.
  • A person who has lost their right to custody may reapply to have it restored once the cause has ceased and the legal conditions are shown to be met.
Visitation Rights for the Non-Custodial Parent
Article 121 of the law guarantees the non-custodial parent, whether father or mother, the right to visit their children, take them out, and have them stay overnight, as agreed between the parties or determined by the court, and the custodian must not obstruct this. This right reflects the principle of the child's best interests in preserving their relationship with both parents after separation.
Types of Alimony Under the Personal Status Law
Spousal Maintenance
Owed by the husband to the wife according to his financial means, covering food, clothing, housing and medical care in proportion to the husband's financial situation.
Child Support
Covers the children's basic needs of food, clothing, housing, education and medical care, and continues until they reach earning age or complete their education, as assessed by the court.
Iddah Maintenance
Owed to the divorced wife for the statutory waiting period (iddah) following divorce, assessed according to the circumstances of each case.
Mut'ah Compensation
Compensation owed to the divorced wife in certain cases, with the court taking into account the length of the marriage, the husband's financial situation, and the circumstances of the divorce.
Steps to File a Custody or Alimony Case in the UAE
  • Gather the necessary documents: the marriage contract, the divorce certificate if applicable, and the children's birth certificates.
  • Prepare the statement of claim and specify the type of request (custody, alimony, or both).
  • File the case directly before the competent Personal Status Court, without the previous requirement to refer it first to the Family Guidance Committee under the new law.
  • The court may issue a judgment at the first hearing if the case meets its formal requirements.
  • A temporary alimony order can be requested while the case is being heard to cover urgent needs.
Criteria for Choosing the Best Law Firm for Custody and Alimony Cases
  • Documented experience in personal status cases before the courts of Dubai and other emirates.
  • Full familiarity with the provisions of the new Federal Law No. 41 of 2024 and its amendments.
  • Attention to the human dimension of the case alongside the purely legal aspects.
  • Complete confidentiality in handling family and children's details.
  • Clarity on fees and the expected timeline for resolving the case.
Why Do Clients in Dubai and the UAE Trust FIRM_GOLD?
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS is a licensed UAE law firm with lawyers specialising in personal status cases under the latest amendments to Federal Law No. 41 of 2024. We are mindful of the particular sensitivity of custody and alimony cases, and place the interests of the children and our clients at the forefront of our priorities.
Whether your case concerns child custody, determining alimony, or visitation rights, our team prepares the case and follows it before the Personal Status Court with complete confidentiality through to the final judgment.
Do you have a custody or alimony case?
Our family law team is ready to assess your legal position and represent you before the Personal Status Court in any emirate across the country.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS
Frequently Asked Questions
Q What is the age at which custody ends under the new UAE law?
Custody ends at a unified age of 18 for both boys and girls under Article 123 of Law No. 41 of 2024, except in cases of mental illness or disability.
Q Does a child have the right to choose which parent to live with?
Yes, under Article 122, a child has the right upon reaching 15 years of age to choose which parent to live with, unless their best interests require otherwise.
Q Must a custody case first be referred to the Family Guidance Committee?
No, the new law removed the requirement to refer divorce, custody and alimony cases to the Family Guidance Committee as a mandatory step before litigation.
Q When does a mother's right to custody lapse under the law?
Custody lapses under Article 115 if any of the custodian's conditions set out in Article 113 are no longer met, or if the custodian engages in conduct harmful to the child's interests.
Q What types of alimony can be claimed?
These include spousal maintenance, child support, iddah maintenance, and mut'ah compensation in certain cases, each assessed according to the circumstances of the case.
Q Can temporary alimony be requested while the case is pending?
Yes, the court may order temporary alimony at the wife's request to cover urgent needs pending the final judgment.
Q Does the non-custodial parent retain the right to see their children?
Yes, Article 121 guarantees the non-custodial parent the right to visit, take out, and have their children stay overnight, as agreed between the parties or decided by the court.
Q How do I contact a specialist custody and alimony lawyer at the firm?
You can contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly through the official communication channels shown below on this page.
Legal Disclaimer
The content of this article is provided for general legal awareness only and does not constitute formal legal advice. It is not a substitute for consulting a specialist personal status lawyer to review the specific facts of your case. Facts and family circumstances vary from case to case; please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly for accurate legal advice tailored to your circumstances. In case of any discrepancy, the Arabic text shall prevail.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS provides its services across the Emirate of Dubai, covering custody, alimony, visitation and divorce cases before the Personal Status Court in Dubai.
The firm also provides legal services in Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain, covering all types of personal status cases before the courts of each emirate.