Understanding Civil Marriage Law in Abu Dhabi

Introduction:

In 2021, Abu Dhabi introduced a landmark legal reform with the issuance of Law No. 14 of 2021, which introduced the concept of civil marriage in the UAE. This move signifies a progressive step towards embracing secular principles in marital unions, accommodating a diverse range of faiths and nationalities. Here, we answer some frequently asked questions to help you understand the rules and procedures related to civil marriage in Abu Dhabi.

A civil marriage is the lawful union of a man and woman solemnized as a civil contract under secular rules, regardless of their faith or nationality. It is regulated by Articles 4 and 5 of the Civil Marriage Law No. 14 of 2021.

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Conditions for Civil Marriage

For a civil marriage to be concluded, several conditions must be fulfilled as stipulated in Article 4 of the law:

1. Age Requirement: Both spouses must be at least 18 years old, verified by an official document from their country of nationality.
2. Consent: Both spouses must explicitly give their consent to the marriage before the authenticating judge, proving no legal impediment exists.
3. Declaration Form: Both spouses must sign a declaration form.
4. No Close Relatives: Marriage cannot occur between close relatives such as siblings, children, grandchildren, or uncles.
5. Additional Conditions: Any other condition stipulated by a decision of the Chairman.

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Procedures for Contracting a Civil Marriage

Article 5 outlines the procedures for contracting a civil marriage:

• Application Submission: Those governed by this law may conclude their marriage before the Department Authentication Judge by submitting an application form. A pre-marriage medical examination certificate is not required.
• Ceremony Conduct: The marriage ceremony is conducted after the form is filled before the Authentication Judge, with the spouses agreeing on the terms of marriage.
• Prior Marital Relationships: The form includes a disclosure of any prior marital relationships, the date of divorce, if any, and an acknowledgement that no other marital relationship exists.
• Approval and Registration: The Authentication Judge verifies that all conditions are met, approves the marriage ceremony, and records it in the Register.

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Key Differences Between Civil and Sharia Law Marriages

1. Guardian Approval: Not required for civil marriage but required under Sharia law.
2. Medical Test: Not required for civil marriage but required under Sharia law.
3. Interreligious Marriage: Permitted under civil marriage, restricted under Sharia law.
4. Non-Residents Marriage: Permitted under civil marriage, restricted under Sharia law.

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Application Process for Civil Marriage

Whether you are a UAE resident or a tourist, you can apply for a civil marriage. The application can be through online. You can opt for regular service generally processed within 10 working days or express service processed within 1 working day.

Conditions for Application Approval

• Both parties must provide their consent.
• Both parties must be at least 18 years old.
• The parties must not be related by the first or second degree.
• The parties must not be married to any other person.
• Neither party should be a UAE national.

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Civil Marriage Ceremony Details

• Location: The ceremony takes place in the Civil Family Court at the ADJD main court building.
• Documents Required: Passports and Emirates ID (if applicable).
• Witnesses: Not required, but family and friends are welcome.
• Cost: Standard fee is 300 AED, express service costs 2,500 AED.
• Marriage Agreement: Not mandatory, but can be submitted with an additional fee of 950 AED for notarization.

Upon receiving the marriage certificate, it is recommended to get it notarized by the Ministry of Foreign Affairs. Civil marriage is recognized like any other official marriage and may need an attestation for validity in the home country of the spouses.

Muslims who are not UAE nationals can also utilize the civil marriage service.

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Conclusion:

Abu Dhabi's introduction of civil marriage offers a modern and inclusive approach to marital unions, respecting individual choices and providing a straightforward process for those seeking to marry outside religious constraints. This significant legal development marks a milestone in the region's legal landscape, promoting a diverse and progressive society.

For more details:

https://www.professionallawyer.me/legal-articles/family-law/understanding-civil-marriage-law-in-abu-dhabi