The legality of the transaction has to be considered and fulfilled by legal conditions and court requirements. Legal conditions and court requirements must exist and be satisfied.
Unlike most of the countries in the Middle East, the law in the United Arab Emirates permits its citizens and residents to have legal marriages (Nikah) and marriages that are done in a court. Interfaith marriages are also accepted in the UAE Sharia Courts, under the condition of the law.
The UAE nationals can marry foreigners or expatriates that have UAE residency, as long as the legal prerequisites are fulfilled.
The Conditions of the Marriage between the UAE Nationals and Foreigners.
Prior to registration of marriage, the following requirements need to be satisfied:
1. Permission and Preliminary Approving by the Court.
The UAE citizen has to apply to the local court requesting the authorization to marry a foreigner.
The remaining formalities of marriage can only follow after approval.
2. Religious Compliance
- Marriage has to be preceded with religious requirements.
- Where necessary, the non-Muslim spouse has to be converted to Islam before marriage is registered.
3. Mutual Consent
These parties should be full of consent to the marriage.
4. Sponsor Authorization, (Foreign Bride)
To marry a UAE citizen, a foreign female should receive the written permission of her existing sponsor.
5. Rules of Sponsorship (Emirati Woman Marrying a Foreigner).
A foreigner marrying an Emirati woman is turned into the permanent sponsor of the husband.
She should send a written consent as to sponsorship of:
- her husband, and
- any children born out of the marriage.
Citizenship Note:
Children whose mother is an Emirati and father is a foreigner are considered Emirati descendants who can seek Emirati citizenship once they are at the age of 18.
6. Age Difference Restriction
The spouses should not be above its age by more than twice as much as the other party.
7. Security and Background Limitations.
The foreign spouse must:
- Not a former member of a foreign military force.
- Not appear in the list of restricted or prohibited foreign organizations.
- Have a valid UAE residence permit.
- Have appropriate family accommodation.
- Give a criminal clearance certificate
- the UAE, and all past countries of stay.
8. Medical & Health Screening
Both will be required to go through required medical tests, including tests of:
- HIV/AIDS
- communicable diseases
- hereditary blood disorders
A refusal of marriage might occur in case the outcome of the results indicates a transmittable or hereditary medical condition.
Read: Marriage Test
9. Exceptional Employment Permissions.
If the UAE national:
- Is a service in the UAE Armed Forces, or
- Works in the Ministry / Department of Foreign Affairs.
- Subsequently, one needs special employer permission before marriage.
10. Documentation Requirement and Attestation Requirement.
They should provide the following documents that should be attested:
Marital status certificate.
Attested by:
- UAE ministry of foreign affairs.
- Home country Foreign ministry of the spouse.
- UAE foreign consulate at hand.
- Birth certificate of the foreign spouse witnessed by:
- home country authorities
- UAE authorities
11. Other Legal Constrictions.
The foreigner man getting married an Emirati woman cannot be stateless.
Bahraini or Saudi citizens need the permission of their home countries to get married to an Emirati woman.
Ajman nationals should seek the approval of Ajman Sharia Court in case of entering a matrimonial relationship with a non-GCC foreigner.
In case the father of the foreign bride is not a Muslim, a No Objection Letter by her embassy or her consulate can be demanded.
Divorced women or widows have to provide:
- death certificate of late husband or wife, or
- final divorce decree
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Government Policy Note
The UAE government would facilitate marriages among Emirati nationals to:
- keep Emirati family system.
- empower national demographics.
- support social stability
This policy never forbids intermarriage but justifies the reason why greater scrutiny is necessary.
Reasons to Support the Denial of Marriage Application.
A marriage between an Emirati and a foreigner can be rejected in case:
- any statutory requirement is not met.
- security or criminal background requirements are failed.
- medical screening suggests transmissible or hereditary diseases.
- absent permissions or attestations are required.
Should a Marriage Lawyer be Consulted?
Even though this is not required by law, it is highly recommended to seek the counsel of a marriage lawyer in the UAE since:
- The foreign legal systems might vastly differ with the UAE family laws.
- Marriage has grave economic, patronizing, custody and inheritance implications.
- Poor documentation or choice of jurisdiction can impact on subsequent divorce or custody rights.
- Legal consultations are done to make sure that all the requirements are obeyed before filing applications to court.
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Conclusion
The UAE is one of the countries where marriage between a UAE citizen and a foreigner is legal but it is highly regulated. It is necessary to comply with the court approvals, health screening, sponsorship regulations, and documentation to prevent rejection or procrastination.
