Validity of Marriage Certificates in the Courts of UAE

Marriage is a legally binding contract. It is a union of two individuals into a blissful relationship called marriage. This relationship creates a contract between a man and a woman. They are called spouses. Marriages are recorded all around the world and thus validity is equally essential. Similarly, In the United Arab Emirates marriages are recorded properly. UAE courts require certain prerequisites to prove the validity of a marriage. In the UAE courts, it is solemnized that either the marriage took place within or outside the country.

The article specifically examines a court case in Dubai and highlights the significance of meeting the legal requirements for marriage. Henceforth, for the marriage to be recorded and validated, marriage certificates are a crucial step. The UAE courts demand the document.

Now we will examine this through a court case in Dubai. In a divorce case before the Personal Status Court in Dubai, the plaintiff (husband) presented a marriage certificate. The marriage certificate was attested by a notary public in New York.

The marriage took place between them in the United States of America. It followed American law. The defendant (wife) challenged the jurisdiction of the UAE courts. It is done to issue a judgment on the case.

In this case, the Dubai court ruled that since both parties were residents of the UAE at the time of registration, the courts in the UAE had full jurisdiction over the case.

The court also confirmed the validity and authenticity of the marriage certificate. It emphasized that the law applicable to the marriage would be that of the country where it was concluded. However, the documentation of the marriage was crucial for its validity.

According to Sharia principles, the court highlighted the importance of documenting marriages properly. It states that the proper and adequate record of the marriage is critical.

• Nevertheless, the Sharia mandates that a marriage must be witnessed by eyewitnesses. The eyewitnesses are to be two men or one man and two women, as per Law.
• If documentation is not feasible, the court may evaluate the existence of the marriage. It will be based on solid grounds and supporting documents.
• In this specific case, the UAE court rejected the husband’s claim. The claim was regarding the annulment. The plaintiff admitted that the defendant’s guardian did not attend the marriage.
• Furthermore, there was no discussion of dowry or the presence of witnesses. As a Consequence, the UAE court ruled against the plaintiff. The courts ordered him to pay the relevant expenses and court fees.

If a failure is found to cope the requirements then it will be considered seriously.

Abu Dhabi has introduced the Abu Dhabi Law on Civil Marriage and its effects. It primarily applies to non-Muslims who are residing in Abu Dhabi. Although, the Muslims of Abu Dhabi are still governed under the Personal Status law of UAE. At the federal level, the UAE has issued the Federal Law of 2022 on Civil Personal Status. The law is effective from February 2023. It is applied to non-Muslims.

Nonetheless, these laws and regulations have introduced alterations to the Personal Status matters. This may include family guidance mediation, rights between parties, inheritance, divorce, custody, alimony, and parentage.

• For non-Muslims in the UAE, marriages can be conducted according to their rituals, and religious beliefs. Moreover, the marriage documents can be attested by their respective embassies.
• Non-Muslims can now enter into civil marriages in the UAE under Abu Dhabi Law in Abu Dhabi or Federal Law on Civil Personal Status. According to the Federal Civil Personal Status Law, both the husband and wife must be at least twenty-one (21) years old. Age factor is calculated based on Gregorian calendar.
• Official documents issued by their respective countries of nationality can serve as evidence of their age. There are certain restrictions applied. This may include prohibiting marriages between close relatives as specified by the executive regulations of the law. Both spouses must explicitly give their consent to the marriage and sign a disclosure form.
• Religious marriages outside the UAE must be attested by the UAE embassy in the country where the marriage took place. Civil marriages conducted outside the UAE will be recognized as long as they do not contradict public order or Islamic Sharia.
• Here, it is essential to understand the legal requirements and specifications of marriage certificates. The validity of marriage certificates in UAE courts is crucial. Not all certificates are automatically recognized in the country.
• In many cases, they do not comply as per the Islamic principles or even according to the UAE Personal Status Laws. Recent laws have been introduced in the Emirates. Especially at the Abu Dhabi and Federal levels, new laws and regulations are introduced every time and again. The changes and alterations are brought into Personal Status matters for non-Muslims.