ADCFC 475/2024
This case involved whether the Abu Dhabi Civil Family court had jurisdiction to hear a divorce case involving a dual national couple who were both Muslims and one of their nationalities was an Arabic country where Islamic law was important. Key factors were their civil marriage and the passports they had chosen for UAE residency purposes.
Background
A wife brought a case before the Abu Dhabi Civil Family Court, appealing a no-fault divorce judgment which had been issued by a lower court. She argued against the Abu Dhabi court's jurisdiction, as the couple were both of the Muslim faith and there was also an ongoing legal case in France. In addition, she highlighted that the couple had dual French-Moroccan nationality, and a connection to an Arabic country where Islamic law held greater sway. Despite her arguments, the court had upheld the divorce, and had applied the secular Abu Dhabi Civil Family Law (Abu Dhabi Law No. 14/2021) and its associated Regulation Abu Dhabi Decision No. 8/2022.
Decision
The Abu Dhabi Civil Family Court rejected the wife's appeal and confirmed its jurisdiction over the divorce case.