Introduction:
Federal Decree-Law No. 41 of 2022 governs civil marriages for non-Muslim citizens and residents in the UAE, while Abu Dhabi Law No. 14 of 2021 governs civil marriages in the emirates of Abu Dhabi. This article gives a summary of the eligibility and the required procedures for civil marriages.
Federal Decree Law No. 41 of 2022 on Civil Personal Status:
Article 1 of the Civil Personal Status Law explains the scope and eligibility of civil marriages. The Law is applied to non-Muslim UAE citizens as well as non-Muslim foreigners living in the country.
Article 5 of the Federal Decree Law outlines the Conditions for Civil Marriage:
Both parties must have attained the age of 21, which has to be proven by their respective countries’ documents. In order to marry, both parties must give express approval or permission before the authentication judge, and there should not be any legal impediments to that marriage. Each spouse must sign an agreement to marry, clarifying that the law does not prohibit such marriages. Furthermore, certain family relationships are not allowed, such as marriage between siblings, parents, and children, and other conditions imposed by the cabinet decision.
Application Process of Civil Marriage:
The application process is outlined as per Article 6, which states that any qualified spouse may apply for civil marriage before an authentication judge of a competent court by filling out the prescribed form. The application form should include consent, details of prior marital relationships, and other vital information. After fulfilling all the conditions set forth therein, the authentication judge declares the marriage and puts a stamp on the marriage contract, then enters it into the official register.
Abu Dhabi Law No. 14 of 2021 on Civil Marriage:
According to the Abu Dhabi Civil Marriage Law, the law allows civil marriage for male or female non-Muslim citizens or residents who reside in the emirate of Abu Dhabi.
Article 4 of the Abu Dhabi Civil Marriage Law outlines the Conditions for Civil Marriage:
Both parties must have reached the age of majority, which is 18 years old. In order to marry, marriage must be consented to by both parties in front of an authentication judge. While there should not be any legal impediments towards that marriage. Both spouses must sign a disclosure form indicating their willingness to get married and stating that they do not have any legal obstacles between them. Marriage between prohibited family members will not be permitted, and additional conditions might be specified in the Executive Regulations. Finally, the marriage contract is issued in two languages and ratified by the Authentication Judge.
Procedures for Contracting a Civil Marriage under Article 5:
Any non-muslin individual who is residing in Abu Dhabi shall apply for civil marriage through a prescribed form before the Authentication Judge. When applying by foreigners, a premarital medical examination certificate is not required. The marriage process commences with both spouses filling out an application form before the Authentication Judge. If the spouses wish to execute a marriage contract, they can agree on contract conditions, considering rights and obligations during marriage and post-divorce. Additionally, a declaration form is required to disclose previous marriages in the marriage contract form, which should include the date of the divorce and should show proof of no existing marriage relationship. The chairman or their nominee authorizes to issue the bilingual civil marriage contract. Upon verification by the authentication judge, confirmation takes place immediately when the conditions have been met. The contract is registered in the register after approval.
Application Process in Abu Dhabi:
Applicants can visit the Family Court for personal inquiries or apply online via the Interactive Case Registration Service available on the Judicial Department-Abu Dhabi’s official website. To initiate their applications, applicants are required to fill out a marriage application form, carry along a copy of their passport and Emirates ID, proof of no existing marriage, and an optional marriage agreement.
Application Process in Dubai:
One of the parties must be a resident of Dubai, and there is a civil marriage department for non-Muslim residents of Dubai. This department issues a civil marriage contract based on the parties’ request. The process of concluding civil marriages in Dubai is provided under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims.
Family Lawyers in Dubai can help navigate the Family Law provisions stipulated in this decree-law.
Conclusion:
The UAE’s progressive legal frameworks for non-Muslims have made civil marriage easy. To facilitate a smooth and legally binding marriage in the UAE through civil marriage, non-Muslim couples should seek to understand these specific requirements as outlined in Federal Decree-Law No. 41 of 2022 or Abu Dhabi Law Number 14 of 2021.
Related Links
Family Law Informative Videos
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article
for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission
to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder.
During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
