Civil Marriage in the UAE: A Legal Guide for Non-Muslims in Dubai and Abu Dhabi

Introduction

In 2021, the UAE made a groundbreaking move by introducing civil marriage laws for non-Muslims, particularly in Abu Dhabi. This shift is part of broader legal reforms aimed at enhancing the quality of life for expatriates and aligning the UAE’s legal framework with international norms. Traditionally, marriage in the UAE followed Sharia principles, but now, civil marriage provides an alternative for non-Muslim couples.

Legal Framework: Civil marriages are governed under the Federal Decree-Law No. 41 of 2022 on Personal Status for Non-Muslims, especially within the emirate of Abu Dhabi. This law provides clear provisions for marriage, divorce, and inheritance for non-Muslims, setting it apart from the Sharia-based laws applicable to Muslim couples.

Significance: How this reform offers non-Muslim couples more flexibility and legal certainty.

Civil Marriage in Abu Dhabi for Non-Muslims

Requirements:

Non-Muslim Status: Under Article 1 of the Personal Status Law for Non-Muslims, both parties must not follow Islam.

Legal Age: Both individuals must be at least 18 years old.

Voluntary Consent: The law emphasizes that both parties must enter the marriage willingly, without coercion, as highlighted in Article 5.

Residency: Residency is not required for civil marriage in Abu Dhabi.

No Consent: There is no need for a guardian for the wife, two witnesses or for medical examination.

The parties must not be related by the first or second degree.

The parties must not be married to any other person.

Either party must not be a UAE national.

Process:

Documentation: Valid passports, proof of non-Muslim status are required and certificate from the country of origin or issued by the embassy or consulate in the UAE reflecting the marital status of the spouses. Certificate of Single Status is valid, in the case of Divorced (Divorce Decree is required) and in the case of Widowed (Death Certificate is required). 

Online Application: Abu Dhabi allows online applications through the Abu Dhabi Judicial Department (ADJD) portal.

Marriage Certificate: Issued under civil law, this certificate is valid internationally, especially in jurisdictions recognizing civil marriages.

Fees:

The standard civil marriage fee is AED 300. However, if you wish to process the application quickly or if there is a particular date you would like to select, you can use the express marriage service at a cost of AED 2,500. 

However, if the couple wishes to submit a marriage agreement (“Prenuptial Agreement”), you should submit it with the civil marriage application as a supporting document. There is an additional fee of  AED 950 for the Prenuptial Agreement to be notarized. 

Civil Marriage in Dubai for Non-Muslims

Requirements:

Non-Muslim Parties: Both parties must be non-Muslims under **Dubai Court directives for non-Muslim family law.

Residency Requirement: At least one party must hold a valid residence visa.

Legal Capacity and Consent: Similar to Abu Dhabi, couples must meet legal age requirements and provide consent.

Certificate of Single Status: Often required as proof that neither party is already married.

Process:

Application: Online through the website or family courts.

Waiting Period: Once all documents are submitted, the process can take about 1–2 weeks.

Fees:

Dubai's civil marriage fees are generally higher, ranging from AED 1,000 to AED 2,500. However, if you wish to process the application quickly or if there is a particular date you would like to select, you can use the express marriage service the cost will depend on the Notary’s office. 

Timeframe:

The entire process takes approximately 1–2 weeks.

Muslim vs. Non-Muslim Marriage in the UAE: Key Differences

1. Legal Basis:

   - Muslim Couples: Marriages for Muslims are governed by Federal Law No. 28 of 2005 on Personal Status, which is based on Sharia principles. Muslim marriages must follow specific religious guidelines, including the presence of a guardian (wali) for the bride and a religious officiant.

   - Non-Muslim Couples: Governed by civil law, particularly Federal Decree-Law No. 41 of 2022 for non-Muslims, civil marriages do not require religious oversight and follow a simpler legal framework.

2. Documentation:

   - Muslim Couples: Required to provide proof of religious eligibility, including the bride's guardian’s consent and Islamic marriage contract (Nikah).

   - Non-Muslim Couples: Only need standard civil documentation (passport, proof of age, etc.).

3. Marriage Ceremony:

   - Muslim Couples: Must have an Islamic ceremony with witnesses and officiation by an imam.

   - Non-Muslim Couples: The marriage is completed through a civil ceremony, often conducted at the courthouse, with no religious rituals involved.

4. Divorce Procedures:

   - Muslim Couples: Divorce is governed by Sharia law, which involves specific provisions for the husband’s right to initiate divorce (Talaq) or the wife’s right under certain conditions (Khula).

   - Non-Muslim Couples: Civil divorces are handled under the civil law framework, often mirroring procedures in Western countries. The civil courts prioritize an equitable distribution of assets and custody arrangements, as stipulated in Article 6 of the Non-Muslim Personal Status Law.

5. Inheritance Rights:

   - Muslim Couples: Inheritance follows strict Sharia principles where shares are predetermined based on familial roles.

   - Non-Muslim Couples: Inheritance is governed by the terms outlined in their will or under civil laws, offering more flexibility in the distribution of assets.

How Can We Assist You?

1. Navigating the Legal Framework: Understanding whether your marriage falls under Sharia law (for Muslims) or civil law (for non-Muslims).

2. Document Preparation and Review: We ensure all legal documents are accurately prepared and verified, including translations if necessary.

3. Application Submission and Follow-Up: We handle every step, from online application submission to liaising with authorities for a smooth process.

4. Post-Marriage Services: Assistance with registering your marriage in other countries, and advisory services on inheritance, wills, and family law matters.

Frequently Asked Questions (FAQs)

- Can a Muslim and a Non-Muslim marry in the UAE?

  Yes, under Sharia law, a Muslim man may marry a non-Muslim woman, but a Muslim woman cannot marry a non-Muslim man without conversion.

- Are civil marriages recognized globally?

  Yes, the marriage certificate issued by UAE authorities under civil law is recognized internationally, but couples are advised to confirm specific requirements in their home countries.

- What if we want a religious wedding instead?

  Non-Muslim couples can still choose religious weddings in the UAE if their religious community provides such services, but this would not fall under the civil law framework.

Conclusion

The introduction of civil marriage laws in the UAE, particularly in Dubai and Abu Dhabi, offers a more inclusive and flexible legal framework for non-Muslim expatriates. With fewer formalities and a process that reflects international standards, civil marriage is an appealing option for many. Whether you're a resident or visitor, understanding the legal distinctions between Muslim and non-Muslim marriages is essential for ensuring a smooth process.

We offer tailored services to assist with all aspects of civil marriage, from initial applications to post-marriage documentation. Contact us at info@brandactivation-setup.com to ensure a seamless experience as you embark on this important life event.