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UAE Family Law on Marriage Without Parents Approval

UAE Family Law on Marriage Without Parents Approval

According to Sharia or Islamic law, there’s a few basic conditions to consider the validity of a marriage. Among the conditions is for a couple to have parental consent, particularly the consent of the bride’s father or legal guardian. A court marriage in UAE that is done without permission of a bride’s legal guardian will be invalid. Girls that did not reach adolescence, those who are immature that they are not able to live alone and those who have been considered as senile won’t be allowed in marrying without parental consent.  

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It is of Islamic tradition and a family custom to seek the permission of legal guardians. In normal circumstances following courtship, couples ask the permission of their parents for marriage. The parents are talked apart and consulted first. When they have formed an opinion and provided consent for the woman, then the preparations for marriage can start. 

Learn more: Procedures for Expatriate Marriage in UAE

Parental Consent for Marriage in UAE

The UAE Family Law has specific provisions with regards to requirement of advice and consent of parents for the marriage of offspring. The requirement, parental consent, will only be deemed necessary for an applicant of a marriage license with one or both the contracting parties are between the ages eighteen and twenty-one. 

The law stipulates that in case both or either of the parties to a marriage, not having been previously emancipated with a marriage, are between ages eighteen and twenty-one, will exhibit to the civil registrar a consent to marriage of the father or person who has legal charge to an individual in additional to other requirements for marriage in Dubai UAE. Parental consent has to be manifested in a written letter by the concerned party, who has to personally appear before a marriage officiant and the local civil registrar. It may also be in an affidavit that is made in the midst of two male witnesses and attested by any official authorized by the local legislation in administering oaths. Personal manifestation has to be recorded in applications for a marriage licenses, while the affidavit has to be attached to applications for a marriage license. 

Read more: Marriage for Filipino and Nepali in Dubai

Parental Advice for Marriage in UAE 

The law also stipulates that a couple has to acquire parental advice if they are between twenty one and twenty five years old. Any contracting party, according to Sharia law, that is between twenty one to twenty five years old, is obliged in asking the guardian or parent for advice regarding the intended marriage. Should a contracting party to a marriage does not obtain parental advice or if it’s unfavorable, then a marriage license won’t be issued until the publication of the marriage application has been completed. A sworn statement to the effect such parental advice was sought as well as written advice that was given by the legal guardians of the contracting parties are to be attached with the application for a marriage license. If the legal guardians refuse in giving their advice, then the fact should be stated in a sworn statement. 

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What are other special conditions for marriage in UAE?

A special condition for marriage, as per Sharia Law (No 28) of 2005 on Personal Status Law states that the wife shall receive a Mahar or dowry and it may be requested upfront, during the time of the signing of the contract or following the marriage. There’s an option in paying partially as well, but the wife has to agree to such condition. The obligations of the husband are halved when the wife is divorced. 

Should the husband refuses in paying the amount that was mutually agreed in the signed contract with the marriage contract already being entered into, local courts will be tipped in opposition to the husband. Article 55 of the UAE legislation on Personal Status gives complete rights of receivership and ownership of Mahar to the bride or wife. She’s able to request, should she desire so, to invoke such rights when she decides. Article 57 codifies the right and states once the right has been given in the Dubai court marriage contract, it’ll be considered as agreed under all circumstances.

You should know: Marriage in UAE Without Parental Consent

Should I consult with a marriage attorney in UAE?

UAE legislation does not provide space for reducing or lowering Mahar. Agreements are necessary in securing certain positions. It’s advised to have subsidiary or external agreements during the time of the court marriage in UAE. Also, it’s absolutely necessary to have parental advice or consent, if applicable. 

There are a lot of conditions and requirements that need to be fulfilled in order to marry in UAE. Also, a marriage agreement is binding for the parties involved as it’s considered as a legal contract. It, therefore, pays to seek the help of lawyers to prepare not only for the court marriage in UAE but also life after the marriage. Call us here in Dubai Court Marriage now! 

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