Ludmila Yamalova
Welcome and welcome back to Lawgical with LYLAW. This is Ludmila. In the previous segment, we covered the topic of succession planning in the UAE. In this segment, we will discuss marriages.
Marriages in the UAE are a multi-layered subject. Regarding the governing law in the UAE that applies to marriages, it is the law called the Personal Status Law or Family Law. The Personal Status Law in the UAE is based on Sharia. However, non-Muslim marriages are governed by the laws of their countries.
The reason marriages in the UAE are such a complex subject is because of the many different types of marriages that exist in this country. For example:
- Muslim marriages
- Civil marriages between same nationalities registered outside the UAE
- Civil marriages between different nationalities officiated outside the UAE
- Civil marriages officiated inside the UAE
- Religious marriages
- Mixed marriages
In this segment, we’ll discuss the specifics of registering such marriages in the UAE and the laws applicable to different marriages.
For expatriates who are already married and are moving to the UAE, they need to attest their marriage certificates from abroad. To attest marriage certificates registered outside of the UAE, there is a formal process requiring notarization, legalization, and apostille.
Expats moving into the UAE as married couples must ensure their marriage certificates are properly legalized. This is an important step, as these certificates will serve as the foundational document for other approvals in the UAE.
For marriages officiated in the UAE, the process depends on the type of marriage:
- Muslim Marriages
- Can be registered through a religious ceremony followed by court registration or directly through the courts.
- Non-Muslim Marriages
- Can be registered as civil marriages through the person’s embassy or consulate.
- Alternatively, religious marriages can be officiated by a qualified priest or religious figure and later registered with the relevant embassy or consulate.
Requirements for Islamic Marriages:
- Presence of both parties (or representation via power of attorney for the wife).
- A guardian (father or male relative) for the wife.
- Two male Muslim witnesses.
- Passports and Emirates ID (at least one party must be a UAE resident).
- Medical report from relevant UAE medical centers.
- Documents proving previous marital status (if divorced or widowed).
Additionally, certain countries like Libya, Yemen, and Saudi Arabia have specific requirements for their citizens marrying abroad.
For Expatriates:
- Religious marriages are officiated by qualified priests and registered with embassies or consulates.
- Alternatively, marriages can be registered directly through embassies or consulates in the UAE.
Mixed Marriages:
- Muslim Man & Non-Muslim Woman:
- The woman does not need to convert to Islam; the marriage is considered Muslim.
- A guardian must represent the woman, and a certificate of previous marital status must be presented.
- Muslim Woman & Non-Muslim Man:
- The man must convert to Islam for the marriage to be legally recognized.
- Conversion certificates and Islamic courses are required for this process.
Children in Mixed Marriages:
- If one parent is Muslim, the children are automatically considered Muslim.
- Under Sharia, children follow the father’s religion.
- Guardianship resides with the father, while custody (physical possession) is typically with the mother.
Assets and Possessions:
- Under UAE law, assets remain in the name of the registered owner.
- Jointly owned assets retain their respective ownership proportions.
Recap:
- Existing Marriages: Ensure marriage certificates are properly attested.
- Muslim Marriages: Must be registered in court.
- Non-Muslim Marriages: Registered through embassies or consulates.
- Assets: No presumption of division; assets remain with the registered owner.
That concludes our segment on marriages in the UAE. Thank you for listening. Please tune in to our next segment on divorces in the UAE, another colorful subject. This is Ludmila with Lawgical with LYLAW.
Hanan Arab
Hello, this is Hanan Arab. Thank you for listening to our Managing Partner, Ludmila Yamalova, from HPL Yamalova & Plewka DMCC. If you have any further questions or would like specific clarifications, feel free to contact us at info@lylawyers.com. You can also find other ways to contact us on our website, www.lylawyers.com.
That’s all for now—see you next week!
