Non-Muslim Marriage In the UAE

Non-Muslim marriage in the United Arab Emirates (UAE) have the option to apply the provisions of Personal Laws if they wish to get married in UAE as a UAE Non-Muslim. This is in accordance with Article 1(2) & (3) of the Federal Law No. 28 of 2005 on personal status, as amended, (the ‘UAE Personal Laws’). The provision states that UAE Personal Laws shall apply to the citizens of the UAE, except that non-Muslims amongst them have special provisions applicable to their community or confession. Further, the provisions of the same Law shall apply to non-citizens, except if any of them insists on implementing the law of their country when getting married in the UAE.

Civil Marriage Law for Non- Muslims in the UAE

The Federal Decree-Law No. (41) Of 2022 On the Civil Personal Status (the ‘Decree Law’) is the civil marriage law for non-Muslims in the UAE. It only applies to non-Muslim nationals of the country and non-Muslim foreigners who are residents in the country unless they opt to be governed by their home countries with regards to marriage, divorce, inheritance, wills and others.

Requirements for Civil Marriage of Non-Muslims in UAE

For a civil marriage contract to be established between non-Muslims in the UAE, Article 5 of the Decree Law provides the following conditions that must be fulfilled;

1. Both the husband and wife must be at least (21) twenty-one Gregorian years; and that age shall be ascertained by any official document issued by the state of their nationality.
2. Marriage should not take place between brothers, sons, grandchildren, uncles, or aunts, and any other cases specified by the Executive Regulations.
3. The married couple explicitly express their consent to marriage before the Authentication Judge and that there is nothing that legally discredits their consent.
4. The married couple must sign the disclosure form.
5. Other conditions specified by this Decree-Law’s Executive Regulations.

Court Procedures for Getting Married in UAE as a Non-Muslim

Step 1: Submission of Marriage Application

Marriage procedures may be concluded before the authenticating judge with a competent court by the submission of an application formulated in accordance with the standard form prepared for this purpose. This is important to note that all the other conditions and procedures stipulated in this Decree-Law and its Executive Regulations must be fulfilled.

Step 2: Decide the terms of marriage agreement

The husband and wife must fill out a form designed specifically for this purpose in front of the authentication judge in order for their marriage to be formally recognized. They also have the right to negotiate the terms of the agreement and to invoke any provisions related to the rights of each spouse during and after their marriage, particularly with regard to joint custody of their children.

Step 3: Disclosure of any previous marriage (if any)

The marriage contract must include:

• A disclosure from both spouses about any previous marriages.
• The date of divorce, if applicable.
• The wife’s confirmation that she is not currently married to someone else.
• The husband’s acknowledgment of the same, required if his law prohibits polygamy.
• The husband must also disclose any existing marital relationships to the judge who authenticates the marriage contract.

Step 4: Authentication and Registration of  Marriage Contracts

After the verification of documents and all conditions required for the marriage has been completed, the authentication judge shall authenticate the marriage contract, which will be recorded in the designated register.

Note: The contract must include proof of consent from each spouse, either verbally or in writing. The Executive Regulations of the Decree-Law will specify the approved bilingual contract form for civil marriage.

Alternative Options for Non-Muslim Marriage in UAE

The other alternative for a non-Muslim may be to marry according to the provisions of the UAE Personal Status Law. This is as per Article (1) of Federal Decree-Law No. (41) Of 2022 on Civil Personal Status, which states that “the persons governed by the provisions of this Decree-Law, as named in Clause (1) of this Article, may agree to apply other legislation regulating family or personal status matters currently in force in the State instead of applying the provisions of this Decree-Law.”

Therefore, Non-Muslims can conclude marriage formalities either at:

• the embassy or consulate of their country in the UAE
• or at a temple or a church, as per their religion.

It is noted that some countries require their citizens to file an application of intention to marry at their embassy or consulate in the UAE. You are advised to check with your embassy and proceed accordingly. The marriage must also be registered in the embassies of both partners in the UAE.

Post Divorce Rights

After a divorce judgment is issued, the wife can apply for alimony from her former husband. Post-divorce applications and their terms are at the judge’s discretion, considering specific factors such as the duration of the marriage, the wife’s age, the financial status of each spouse, the contribution to the divorce, compensation, financial liability, the mother’s custody expenses, the wife’s care of children, and the possibility of remarriage.

• Joint Child Custody: Both laws address joint custody after divorce, with similar principles.
• Child Custody: Both laws emphasize that child custody is a joint and equal right for both parents after divorce. This approach aims to ensure that children have both parents in their lives to keep them emotionally healthy and reduce the harm caused by divorce.
• Responsibility Sharing: The fundamental principle of both laws is that parents, specifically the mother and father, share the responsibility for raising their children after divorce. However, some provisions allow for exceptions to this principle based on specific circumstances.
• Exceptions from Joint Custody: Both laws allow for exceptions to the joint custody principle. Either parent can apply to the court to request sole custody if it is in the child’s best interests. The reasons for requesting sole custody may include issues related to legal capacity, the risk of sharing custody with a specific party, or the failure of one parent to fulfil their duties.
• Dispute Resolution: In cases where parents disagree on matters related to joint custody, both laws permit either parent to submit an application to the court to address and resolve the dispute. The court has the discretion to make decisions in the child’s best interests.

Conclusion

Conducting your wedding in the UAE as a non-Muslim should not be a thing to fret about anymore as the UAE government has put in place measures to make the process smooth and easy for both parties. We can help with preparing documentation, ensuring compliance with regulations, and facilitating the marriage ceremony.

For more information on how we can assist you, you can reach out to us for a free consultation. Contact us today.