Published in: Khaleej Times
The wife contested the court’s authority, arguing that divorce proceedings were already underway in both the UK and Dubai
In a landmark legal ruling, the Abu Dhabi Civil Family Court has declared jurisdiction over a divorce case involving an American husband and his British wife, rejecting claims of competing cases filed in other jurisdictions.
The decision, issued in January this year, clarified that a family guidance application pending before another court does not count as a formal legal case, unless it is officially registered with a case number.
The husband, a US citizen living in Abu Dhabi, filed for a no-fault divorce and joint custody of the couple’s two children, aged 11 and 5. The marriage took place in Cyprus. His wife contested the court’s authority, arguing that divorce proceedings were already underway in both the UK and Dubai.
She failed, however, to provide any proof of an active case in the UK and admitted that the Dubai filing had only reached the family guidance stage. The Abu Dhabi court dismissed her objection, stating that the Dubai family guidance file was not officially registered as a court case until December 9, 2024 — five days after the husband filed his claim in Abu Dhabi on December 4. Legal consultant Dr Hasan Elhais of Awatif Shoqi Advocates, who represented the husband, welcomed the ruling.
“This judgment reinforces that courts must base jurisdiction on valid legal filings, not informal or preliminary applications,” he said.
Determining jurisdiction
Dr Elhais said the court accepted the husband’s Abu Dhabi residency based on his lease agreement on Reem Island, in line with Article 17 of Law No. 13 of 2021. “The decision ensures that justice is not delayed by procedural tactics and confirms that Abu Dhabi has clear authority in this case,” he added.
He also highlighted the broader impact of the ruling: “It draws a clear line between administrative steps, like family guidance, and formal judicial proceedings. Only properly filed cases can determine jurisdiction.
“The court further ruled that Abu Dhabi’s civil divorce procedures do not require prior referral to family guidance, based on Articles 6 and 7 of Law No. 14 of 2021. Either spouse can file for divorce without needing to prove fault or harm. Because the couple’s children are both under 16, the court also activated joint custody under Article 26 of the same law. As no appeal was filed within the legal timeframe, the ruling is now final and legally binding.”
