The UAE has a diverse culture, with people from different countries and religions. The UAE has established a legal framework allowing non-Muslims to marry through civil marriage procedures. The federal framework is principally governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status and Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulations of Federal Decree-Law No. (41) of 2022 on Civil Personal Status. Abu Dhabi and Dubai both provide civil marriage services, where the concept is similar, but the requirements may differ.

What is Civil Marriage?

Civil marriage is a legally recognised marriage contract registered before the competent court without religious rites or requirements. The marriage is based on the mutual consent of both the parties, and it is governed by Federal Decree-Law No. 41 of 2022 on Civil Personal Status. Civil marriage under the federal civil personal status framework does not apply to Muslims.

Conditions for a Civil Marriage Under the Federal Framework

The conditions or requirements that must be fulfilled under the federal framework for a valid civil marriage contract are:

  1. Minimum Age – The husband and wife must have attained at least 21 Gregorian years. The age of the parties is established through an official document issued by the State of their nationality.
  2. Legal Capacity – The parties should be in the necessary legal capacity to undertake the legal actions and enter into the contract.
  3. Marriage Between a Male and a Female – The civil marriage must be entered into between a male and a female.
  4. Express Consent – There should be an expressed consent to enter into the marriage by both the parties.
  5. Prohibited Relationships – The marriage cannot be entered into between the two parties if they fall within the prohibited degrees of relationship specified under the applicable legal framework.
  6. Adoptive Relationships – Marriage is also prohibited between an adopted child and the father or mother in the alternative family or any of their natural children, as provided under the applicable framework.
  7. Existing Marital Relationships – The wife must declare that they do not have an existing marital relationship. The husbands must also make the relevant declaration where the legislation applicable to him does not permit polygamy.

Steps for Applying for and Registering a Civil Marriage

The process of entering into a civil marriage under the federal framework are:

  1. Submit the Civil Marriage Application – An application made using the Civil Marriage Application Form No. (1) accompanying the Executive Regulations of Federal Decree-Law No. (41) of 2022.This application form must be submitted to the authentication judge in accordance with the procedure.
  2. Submit the Required Documents – The applicants must submit the documents required under the Executive Regulations along with the civil marriage application. The documents include the supporting documents plus the identification documents of the applicants. A document proving the applicant’s residence and a document issued by the competent authority establishing their age is necessary.
  3. Complete the Required Declarations and Disclosures – The civil marriage application must contain the prescribed declarations and disclosures. A disclosure form 2 accompanying the Executive Regulations is to be filled and submitted. The wife must declare that she does not have an existing marital relationship, and the husband must also fill the form in the case where the legislation applicable to him does not permit polygamy.
  4. Record the Agreed Conditions of the Marriage – The couple may include any conditions agreed between them concerning their rights during the marriage, in accordance with the prescribed forms and applicable legal framework.
  5. Confirm Express Consent to the Marriage – The application must have evidence of both the parties’ express consent to the marriage.
  6. Sign the Application and Marriage Documents – Both parties must sign the prescribed application and relevant marriage documentation, confirming their agreement to enter into the civil marriage.
  7. Verification by the Authentication Judge – The authentication judge reviews the application and supporting documents to determine if the conditions are followed and if the civil marriage is valid.
  8. Authentication and Registration of the Marriage Contract – Once the authentication judge is satisfied that all applicable requirements have been fulfilled, the marriage contract is authenticated and recorded in the register maintained for this purpose.

Documents Required for a Civil Marriage Application

  1. The applicants must submit their supporting documents and identification cards or identification documents as required for the civil marriage application.
  2. A document proving the residence of the civil marriage applicant in the UAE must be submitted.
  3. The applicant must provide a document issued by the competent authorities in their home country establishing their age.

Civil Marriage in Abu Dhabi

Abu Dhabi established its Civil Marriage Service under the Abu Dhabi Law No. (14) of 2021 Regarding Civil Marriage and its Effects, as amended.

The conditions that have to be followed for Civil Marriage in the Abu Dhabi:

  1. Both parties must provide their consent to the marriage.
  2. Both parties must be at least 18 years old which is different from
  3. The parties must not be related by the first or second degree.
  4. Neither party may be married to another person.
  5. Neither party may be a UAE national.

An application for civil marriage in Abu Dhabi may be submitted through:

  1. The Abu Dhabi Judicial Department (ADJD) website; or
  2. An ADJD typing centre located in Abu Dhabi.

The Civil Marriage Ceremony in Abu Dhabi

Once the application has been approved, the court confirms the date and time of the marriage ceremony.

On the scheduled date the following would be done:

  1. The couple attends the Abu Dhabi Civil Marriage Section.
  2. Their identification documents are verified.
  3. The details contained in the draft marriage certificate are checked.
  4. A marriage notary conducts the ceremony.
  5. The marriage vows are presented through a prerecorded voiceover.
  6. The voiceover is available in seven different languages.
  7. Both parties participate in the ceremony and confirm their consent.
  8. Both parties sign the marriage certificate.

Conclusion

Civil marriage provides eligible non-Muslim couples in the UAE with a legally recognised means of entering into marriage without religious rites or requirements. While the federal framework establishes the general requirements and procedures, Abu Dhabi has its own civil marriage service with specific eligibility requirements. Couples should carefully review the applicable requirements and ensure that all necessary documents and procedures are completed before applying. Understanding the applicable legal framework can help ensure that the marriage process is completed smoothly and in accordance with UAE law.

We Ayesha Al Dhaheri Advocates and Legal Consultants, we assist clients with a wide range of family law matters concerning both Muslims and non-Muslims in the UAE.