With Decision No. 43 of 2026, the Abu Dhabi Judicial Department has re-issued its Post-Separation Charter, asking separating parents to commit in writing to placing their children's welfare above their own dispute.
The Charter's most distinctive provision, Article 8, regulates the parents' conduct towards each other. Each undertakes not to disparage the other before the children or to discuss the causes of the divorce in their presence, and Article 8(4) prohibits using visitation and maintenance as leverage against the other parent. Visitation follows Article 121(1) of the Personal Status Law, with added duties of punctuality and personal supervision.
Maintenance is assessed by the payer's means, the recipient's circumstances and prevailing economic conditions, and expressly covers food, clothing, transport, medical care and utilities, including internet. The guardian must pay punctually and the custodian must apply it for the children. Educational guardianship rests with the custodial mother, although both parents must engage with the school and harmonise their approach.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.
Introduction
On 16 July 2026, His Highness Sheikh Mansour bin Zayed Al Nahyan, Chairman of the Abu Dhabi Judicial Department “ADJD”, issued Decision No. 43 of 2026 adopting the Post-Separation Charter. Effective immediately, the Decision repeals Decision No. 45 of 2020 and realigns the Charter with the Personal Status Law issued by Federal Decree-Law No. 41 of 2024 and with Federal Law No. 3 of 2016 on Child Rights (the Wadeema Law).The decision
The family guidance counsellor presents the Charter to both parents following their separation, so that they may sign it in whole or in part and undertake to implement it. This modular approach allows parents to settle what they can agree upon while leaving contested matters to the court. The ADJD Undersecretary is empowered to issue implementing circulars and to amend the Charter itself, allowing it to evolve administratively.The charter's principles
Grounded in Quranic guidance, the Charter rests on the principle that divorce ends the marital relationship but not the parental one. It traces the best interests principle through the Wadeema Law, the Personal Status Law and Article 3(1) of the UN Convention on the Rights of the Child, and requires every provision to be construed accordingly. Both parents remain responsible for the children's upbringing, the custodial parent must keep the other informed of school reports, health and school activities, and disputes must pass through amicable settlement and the Family Guidance Centre before reaching court.Custody, conduct, access, maintenance and education
The custody provisions restate the 2024 law: custody is a right of the child, vests in the mother upon separation and thereafter in the father, the maternal grandmother and the paternal grandmother; the child may choose a residence at fifteen; and custody ends at eighteen, replacing the former gender-based ages. Parents must also cooperate on schooling, medical treatment, travel and educational activities.The Charter's most distinctive provision, Article 8, regulates the parents' conduct towards each other. Each undertakes not to disparage the other before the children or to discuss the causes of the divorce in their presence, and Article 8(4) prohibits using visitation and maintenance as leverage against the other parent. Visitation follows Article 121(1) of the Personal Status Law, with added duties of punctuality and personal supervision.
Maintenance is assessed by the payer's means, the recipient's circumstances and prevailing economic conditions, and expressly covers food, clothing, transport, medical care and utilities, including internet. The guardian must pay punctually and the custodian must apply it for the children. Educational guardianship rests with the custodial mother, although both parents must engage with the school and harmonise their approach.
The agreement template
The Charter annexes a Parental Relationship Agreement concluded before the Family Guidance Judge, covering custody, maintenance, a domestic worker, housing alternatives, weekly and remote visitation, and travel. The travel clause requires documented advance notice and a maximum duration, excludes travel during the school term save in official holidays, and obliges the mother to return the passports to the father within ten days. The template closes with a mutual release of all rights arising from the marriage or divorce other than those stated.Practical observations
Although voluntary, a signed agreement records acknowledgements by parties with full legal capacity and likely carries evidential and potentially executory weight, subject to confirming the applicable enforcement route. The release clause demands vigilance, since any entitlement not itemised or knowingly waived, such as a deferred dower or maintenance arrears, may be extinguished on signature. Because custody, maintenance and access are rights of the child, terms that plainly contradict the child's interests are likely to remain open to judicial review. Whether the Charter will also be used under Abu Dhabi's civil family regime for non-Muslims, established by Law No. 14 of 2021, remains to be seen.Conclusion
Decision No. 43 of 2026 treats separation as a transition to structured joint parenthood rather than a contest over the children. For practitioners, it offers a route to durable, child-centred settlements, provided every signed clause receives the rigour due to any binding instrument.Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.