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second marriage law

The Legal Requirements for a Second Marriage

If this is not your first marriage, you may be curious as to how you can remarry in UAE the second time around. Legally that is. Although the wedding ceremony and reception don’t differ as to how it was with your first marriage, legal formalities can become more complex. Similar to your first nuptials, you will have to go to the local court to submit an application for marriage. Remarriage, however, involves a bit more with the legal paperwork.

Have no fear as we have gathered the necessary information you need to know about second marriage in UAE.

The legal requirements for a second marriage in UAE are as follows:

  • Government-issued photo IDs for the bride and the groom;
  • Birth certificates of the bride and the groom (for information regarding parents, birth dates, birthplaces, birth names, and the dates of passing, as applicable);
  • Premarital health check certificate (must be issued by a government-approved medical institution)
  • Attested marital status certificate (must state if the applicant is widowed, divorced, or single; applies to both the bride and the groom)

Read also: Legal Conditions for UAE Court Marriage

Are divorce papers required for second marriage in UAE?

For divorcees, divorce papers are required in remarrying in UAE. Divorce papers can be obtained in the court where divorce proceedings took place. Be prepared in providing the exact country where your divorce was decreed, the date of the divorce, official grounds for the divorce, and whether your former spouse is still alive. Although this can sound morbid, you need to ensure that you provide the local government proof that you are no longer married in order to make a second marriage or union a legal one.

You may present a certificate of dissolution or divorce decree to the local court together with the application for marriage.

Can a widow or widower remarry in UAE?

You will have to present the death certificate of your former spouse apart from the requirements mentioned earlier. this is to prove that it is legal for you to enter into a new marriage contract as you are widowed.

What are the requirements for second marriage for Muslims in UAE?

The following documents are required for a Muslim’s second marriage:

  • Application to marry duly completed
  • Copy of the contracting parties’ Emirates ID cards
  • Family Book of legal guardians
  • Valid passports of bride and groom
  • Premarital health examination certificate

Note: in Islam, a man can marry more than one woman in order to form a loving, united family. A man with means can marry a maximum of four wives for reasons bound to benefit individuals and society as a whole. Considerations for second marriage in UAE for Muslims are as follows:

  • The husband must be able to fairly deal with all the wives in terms of material matters – this includes spending the night and maintenance. It’s forbidden for those that are not able to deal with the wives justly to observe polygamy. Marrying more than one wife while being aware that one won’t be able in treating the wives equally is considered a major sin in Islam.
  • Equal spending for all the wives – the husband should have the ability in spending equally on all the wives. This means he must be financially stable to provide for another family while maintaining the first from the first marriage. As mentioned earlier, a husband can retain four wives if he’s able to do justice between all of them. Should he lose the means in providing for all wives and families, he may choose who he wishes to keep and undergo divorce proceedings for the rest.
  • No women should be combined together in marriage – it is not permissible as doing so will tarnish the relationship of relatives. It’s also forbidden for a man to marry a bride and her sister in one wedding. The same goes for a bride and the bride’s maternal aunt. Lastly, it’s forbidden to marry the bride and the bride’s paternal aunt in a single wedding.

Read also: Marriage for Muslims and Non-Muslims

What are the legal requirements following a second marriage in UAE?

For UAE nationals, as soon as the marriage certificate is issued, both of the spouses must visit local authorities to get their names removed from the current Family Book of their parents and get their own Family Book.

For residents, following the issuance of a marriage contract, the local authorities should be visited to change the visa sponsorship status and issue the residency visa of the spouse.

For a second marriage in UAE to be considered valid and legal, all requirements are to be met. Hiring a legal professional can help ensure any issues discovered can be resolved just in time for the union. To learn more regarding second marriage laws in the UAE and how a marriage and family lawyer in UAE can provide you with assistance, call us here in Dubai Court Marriage today!

Atty Obada represents clients when dealing with the Ministry of Human Resources and Emiratisation in the UAE in order to facilitate peaceful settlements for labor and employment disputes. He helps ensure they are ceased in their tracks prior to escalating into major litigation cases. His expertise when it comes to labor legislation in UAE include illegal dismissals and unfair labor practices. Read more