Tim Elliott
Welcome to Lawgical, the UAE’s first, and only, regular legal podcast. My name’s Tim Elliott. I’m here with the Managing Partner of the Dubai-based legal firm, Yamalova & Plewka, here in Dubai, Ludmila Yamalova. It’s good to see you again.
Ludmila Yamalova
Good to be here with you, Tim.
Tim Elliott
Now today, Ludmila, we’ve done a couple of podcasts on civil marriages in the past, and we’re revisiting the topic because of big news. Civil marriages: if you’re Muslim in the UAE, you can now get married in a civil ceremony at the Abu Dhabi Civil Family Court.
Ludmila Yamalova
Yes, it’s significant news. As you’ve succinctly summarized, Muslims in the UAE can now opt for a civil marriage, provided they are not UAE nationals. This process is facilitated through the Abu Dhabi Judicial Department (ADJD) and, specifically, the Abu Dhabi Civil Family Court.
A little background: as we’ve discussed in previous episodes, Abu Dhabi introduced its own specific law toward the end of 2021. Initially called “Civil Marriages for Non-Muslim Expats,” this law was Law #14 of 2021 and came into effect in late October or early November of that year. Then, only a month later, in mid-December, both the name and provisions of the law were amended. Terms like “non-Muslim” and “expats” were removed, and the law was renamed “Civil Marriages and Its Effects.”
The removal of these terms was notable. It reflected broader legislative changes, including updates to UAE citizenship laws that allowed more categories of people to apply for UAE nationality. This shift likely aimed to ensure fairness to non-Muslim UAE nationals. Limiting the law to expats would have excluded UAE nationals who are not Muslim, which could have been unfair.
The removal of the term “non-Muslim” caused some initial confusion. We wondered if it meant that civil marriages and related services would now extend to Muslims as well. Although the language of the law didn’t explicitly clarify this, it no longer excluded Muslims, as the original version had. There was also a catchall provision stating that anyone who wanted to benefit from this law could do so.
Fast forward a year and a half, and the ADJD website now explicitly states that civil marriage services are available for Muslims. This was a groundbreaking confirmation. As lawyers, we usually rely on the text of the law, and while the law doesn’t explicitly state that Muslims can avail these services, it doesn’t exclude them either.
What the website does make clear is that Muslims, except for UAE nationals, can access these services. This clarity aligns with the increasing number of requests we’ve seen over the years from Muslims living in the UAE—expats from countries like the UK, France, or the US—who wanted civil marriages or wills but were previously bound by Sharia-based personal status laws.
Tim Elliott
So, no more scratching your heads as lawyers! That must be a relief. It’s great to have something explicitly written down to refer to. And, Ludmila, your legal knowledge, as always, is impressive. Law #14 of 2021, Civil Marriages and Its Effects—you nailed it.
Ludmila Yamalova
Thank you, Tim. I remember the evolution of that law well, even the dates. It changed so substantively within just a month—it was quite impressive and very hopeful. I’m glad to see those hopes materializing.
Tim Elliott
Indeed, so much has changed and progressed in such a short time. Let’s delve deeper into the process: what’s required to apply for a civil marriage under this law?
Ludmila Yamalova
One major benefit of ADJD services is their efficiency—they’re entirely online through the ADJD website. Unlike some other courts where you might need to set up a separate portal, you can access ADJD services using your UAE Pass.
Here’s what you need: identification documents, and optionally, a prenuptial agreement. If one of the parties has been previously married, you’ll need documents such as a divorce decree or death certificate.
This process eliminates the historical requirements for Muslim marriages in the UAE, such as guardian approval and medical tests. These requirements, particularly guardian approval, posed significant challenges for expat Muslims whose guardians may not reside in the UAE. Under the ADJD process, guardian approval is no longer required, making it significantly easier for Muslims to marry in civil ceremonies.
After submitting your application, you’ll pay a fee: AED 300 for a standard application or AED 2,500 for expedited processing. You’ll then receive confirmation from ADJD, including a potential wedding date. While most of the process is online, the civil ceremony itself must be conducted in person at the ADJD in Abu Dhabi.
On the day of the appointment, you’ll need to bring your original documents, a copy of the application, and, of course, your partner. Guests are welcome, provided they present identification. The process is quick, and the marriage certificate is issued by the ADJD.
Tim Elliott
So, the certificate is automatically attested, correct?
Ludmila Yamalova
For UAE purposes, yes. However, I recommend further attestation by the Ministry of Foreign Affairs (MOFA) for added legitimacy, especially for Muslims, since this service is relatively new. It’s a straightforward administrative step that ensures broader acceptance of the certificate.
Tim Elliott
That seems to cover everything. Is there anything else we’ve missed?
Ludmila Yamalova
Just one point: the law doesn’t only address civil marriages but also the “effects” of those marriages. For example, in the event of divorce, issues like custody, guardianship, and inheritance will be governed by this law. Historically, these matters were often complicated by the interplay of different nationalities, religions, and legal systems.
Now, couples married under ADJD are governed by this law, regardless of their backgrounds. For instance, custody is automatically split 50/50, unlike under Sharia-based personal status law, where mothers often face limitations. This consistency applies to inheritance and other aspects as well. It simplifies legal proceedings significantly for couples with diverse backgrounds.
Tim Elliott
Thank you, Ludmila. That wraps up another edition of Lawgical. Civil marriages for Muslims in the UAE are now a reality. As always, thanks for listening, watching, or both. And a special thanks to our legal expert, Ludmila Yamalova, Managing Partner at Yamalova & Plewka.
Ludmila Yamalova
My pleasure.
Tim Elliott
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