UAE: What conditions must non-Muslims meet to register for a civil marriage?

The spouses must disclose the existence of any previous marital relationship for either of them, indicating the date of divorce

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by

Ashish Mehta

Published: Sun 17 Nov 2024, 10:06 AM

Last updated: Sun 17 Nov 2024, 2:10 PM

Question: My fiancé and I just moved to Abu Dhabi from the UK and wish to get married here. Can you let us know about the formalities? We are non-Muslims.

Answer: In this case, the Abu Dhabi Law of Civil Marriage and Divorce Procedures in the emirate of Abu Dhabi is applicable.

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In the UAE, non-Muslim individuals who are residents or visitors can apply to enter into a civil marriage in Abu Dhabi, provided they meet specific criteria. This is in accordance with Article 2 of the Regulation no. 8/2022 Abu Dhabi Judicial Department, Decision No. 8 of 2022 on the Adaption of Civil Marriage and Divorce Regulations in the Emirate of Abu Dhabi (the “Concerning Personal Status for non-Muslim Foreigners in Emirate of Abu Dhabi”):

A court attestation officer shall conclude and register civil marriages for visitors and residents in the UAE, and the registration of civil wills for those persons covered by the provisions of this law, taking into account the legally established rules and provisions.”

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Article 7 Concerning Personal Status for non-Muslim Foreigners in Emirate of Abu Dhabi states: “A marriage is deemed civil if it is conducted and registered in accordance with laws and regulations without regard to any specific religious law.”

Further, Article 8 of the Concerning Personal Status for non-Muslim Foreigners in Emirate of Abu Dhabi provides for the conditions for concluding civil marriage.

A civil marriage is concluded if the following conditions are met:

  1. Age: Both husband and wife have reached at least (18) calendar years, and age is proven by any official document issued by the country to which they belong.
  2. The free will of those wishing to marry; those wishing to marry shall explicitly express their consent to the marriage, and there should be nothing to legally prohibit their consent.
  3. Eligibility: The spouses must have the necessary mental capacity.
  4. The absence of blood relationship; the marriage must not be between siblings, children, grandchildren, uncles or aunts.
  5. No polygamy: None of the spouses is bound by any existing marital relationship. The chairman may add any other conditions.
  6. Applicants are exempted from submitting a medical examination certificate before marriage, and no witnesses are required for the marriage to take place.

Additionally, Article 9 of the Concerning Personal Status for non-Muslim Foreigners in Emirate of Abu Dhabi provides for the procedure for registration of civil marriage.

Civil marriage procedure:

Those who are covered by the provisions of this law may conclude their civil marriage before the court, by following the steps below:

1. Fill in the form designed for registering civil marriage in both Arabic and English, noting it is available on the Department’s website, attach the required documents and then pay the prescribed fee. The spouses must disclose the existence of any previous marital relationship for either of them, indicating the date of divorce, and must declare that they do not have any existing marital relationship.

2. The court verifies that all conditions for civil marriage are met and that the required procedures are fulfilled.

3. In the event an application is approved, the court will contact the spouses within (3) working days at most from the date of submitting the application in order to set a date for the issuance of the marriage certificate, in the presence of the spouses before the court, whether virtually or physically at the court’s headquarters.

4. The marriage attestation officer shall certify the conclusion of marriage and will produce a bilingual civil marriage certificate according to the template attached to this decision. This certificate is recorded and kept in the electronic civil marriage registry.”

Based on the aforementioned provisions of law, you and your fiancé, may register your civil marriage in the Civil Family Court at Abu Dhabi Judicial Department.

Applicable law: Regulation No. 8/2022 ADJD Chairman Decision No. 8 of 2022 on the Adaption of Civil Marriage and Divorce Regulations in the Emirate of Abu Dhabi

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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Ashish Mehta

Published: Sun 17 Nov 2024, 10:06 AM

Last updated: Sun 17 Nov 2024, 2:10 PM

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