In recent years, the United Arab Emirates has witnessed significant legislative developments, in an effort to keep pace with societal changes and guarantee the rights of all its members. Among these developments was the enactment of the Civil Marriage Law, which opened new horizons for family relations in the UAE.

The emergence of civil marriage in the Emirates

The Civil Marriage Law in the Emirates is the result of accumulated efforts, beginning with the establishment of personal status courts in the 1960s, which were concerned with the personal status affairs of non-Muslims residing in the UAE.

With the increasing number of residents of different nationalities, the need arose for legislation that effectively regulates their family relations In 2021, Abu Dhabi Law No. 14/ 2021 regarding civil marriage and its effects was issued, making it the first law regulating civil marriage at the level of the Emirate of Abu Dhabi, followed by the issuance of Federal Decree-Law No. 41/ 2022 regarding civil personal status, which regulated the provisions of civil marriage at the state level in general.

Civil marriage requirements

  • Legal capacity for marriage:
    • Both the husband and wife must be at least (21) years old.
    • A Muslim man may not marry a non-Muslim woman.
    • Marriage between non-marriagable relatives is not permissible, as determined by Islamic law.
    • Neither party may be married to another person.
  • Required documents and administrative procedures:
    • Submit a unified civil marriage application to the notary public in the competent court.
    • Present valid passports for both parties.
    • Submit a certificate of no impediments (certificate of non-marriage) issued by a competent authority in the UAE of each party.
    • Submit a recent medical certificate proving that both parties are free from contagious diseases.
    •  4 personal photos for each party.
    • Pay the civil marriage fees.
  • Role of the concerned government agencies:
    • Courts: The competent courts have the authority to conclude and document civil marriage, and to record cases of divorce, judicial separation, and death.
    • Civil Registry: The Civil Registry is responsible for issuing civil marriage certificates, recording cases of divorce, judicial separation, and death, and maintaining records related to the personal status of individuals subject to the provisions of civil marriage.

Rights and Duties of Spouses

  • Mutual Rights:
    • Right to Housing: The husband is obligated to provide suitable housing for the wife.
    • Right to Maintenance: The husband is obligated to provide maintenance for the wife and minor children.
    • Right to Good Cohabitation: The spouses are obligated to treat each other well and respect each other.
    • Right to Manage Money: Each spouse has the right to manage their own money.
    • Right to Work: Each spouse has the right to work without restrictions from the other party.
  • Mutual Duties:
    • Duty of Loyalty: The spouses are obligated to fulfill their marital duties and not to harm the feelings of the other party.
    • Duty of Obedience: The wife is obligated to obey her husband in his powers as head of the family.

Case of Dissolution of Civil Marriage in the UAE

Judicial Separation

Spouses can resort to the judiciary to obtain a ruling for judicial separation for specific reasons, such as:

  • Domestic violence.
  • Negligence and failure to fulfill marital duties.
  • Abandonment
  • Permanent inability to perform marital duties

Judicial separation results in:

  • The marital bond continues, but the spouses separate from each other.
  • The husband stops spending on his wife, unless there are minor children.
  • Neither party has the right to marry another person during the period of judicial separation.

Death

The death of one of the spouses results in:

  • The marriage contract is permanently dissolved.
  • The deceased wife is entitled to late alimony.
  • The wife’s right to inheritance according to the provisions of Islamic law.
  • The mother has the right to custody of minor children, taking into account the child’s interest.

Advantages of civil marriage

  • Guaranteeing marital rights: Civil marriage allows the rights of spouses to be guaranteed in a clear and specific manner, through written legal texts.
  • Maintaining family stability: Civil marriage contributes to maintaining family stability by regulating marital relations legally.
  • Protecting women: Civil marriage provides protection for women by ensuring their financial and psychological rights.
  • Promoting equality: Civil marriage contributes to promoting equality between spouses by granting them equal rights and duties.
  • Facilitating divorce procedures: Civil marriage facilitates divorce procedures compared to customary or religious marriage.

Challenges and criticisms of civil marriage

  • Cultural and religious differences: Some societies face difficulties in accepting the idea of ​​civil marriage due to their cultural and religious differences.
  • Lack of awareness of the law: Some individuals suffer from a lack of awareness of the provisions of the civil marriage law, which may hinder them from benefiting from their rights.
  • Fear of the impact on values ​​and morals: Some people express their concerns about the impact of civil marriage on family values ​​and morals.

In conclusion, civil marriage in the United Arab Emirates has become an important option for many, in pursuit of a stable married life based on organized rights and duties. Given the complexities of this field, there is an urgent need for qualified experts to provide legal advice and comprehensive support that helps in overcoming the various stages, starting from the required procedures and ending with resolving any disputes that may arise.

In our office, we provide civil marriage services in the UAE with the utmost professionalism and efficiency, based on extensive experience spanning over 25 years in law and advocacy, as our team consists of a group of the most famous civil marriage lawyers in the UAE, who have deep knowledge of the provisions of the UAE law related to civil marriage, and have exceptional skills in drafting contracts and providing specialized legal advice.

We offer our valued clients a comprehensive package of services that include:

  • Providing legal advice on the provisions of civil marriage in the UAE.
  • Assisting clients in fulfilling all civil marriage requirements.
  • Drafting civil marriage contracts in accordance with the provisions of the UAE law.
  • Representing clients in all legal procedures related to civil marriage.
  • Providing legal support in the event of any marital disputes.

Do not hesitate to contact us for a free consultation.