Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Until recently, the UAE courts only allowed registration of islamic marriages. However, newly added legal provisions now allow non-Muslim couple to register marriages in the UAE courts. Accordingly, residents of UAE can marry inside or outside the country and then take a few steps to authenticate the marriage as per law.
IMPORTANCE OF ATTESTATION
Attestation is the process of proving that a document is authentic and valid, by verifying it before relevant authorities. It is a legal acknowledgemnt of the authenticity of a document and a verification that proper processes were followed. An attested document fulfills multiple legal needs, such as family sponsorship, purchasing property, or enrolling children in educational institutions etc.
ATTESTATION WHEN MARRIAGES ARE SOLEMNIZED OUTSIDE UAE
A marriage that occurs outside the UAE can be attested in the UAE through a straightforward process. Once the marriage is solemnized, a marriage certificate will be required to be obtained from the appropriate authority of the place where the marriage took place. A marriage registration office or a similar department of the government issues state recognized marriage certificates.
The marriage certificate must subsequently be notarized by a notary public and then attested by the Ministry of Foreign Affairs of the Country as well as the UAE embassy in the country. The Certificate is finally attested by the Ministry of Foreign Affairs (MoFA) in the UAE. The marriage certificate is now ready to be submitted for the use of obtaining visa, immigration department or other legal purposes.
ATTESTATION WHEN MARRIAGES ARE SOLEMNIZED WITHIN UAE
Federal Law N0 (41) of 2022 on Civil Personal Status and Abu DHabi Law o.14 of 2021 provides provisions for civil marriages in the UAE. To be married as per civil personal status laws, one must submit an application to either the Abu Dhabi Judicial Department website, or the Dubai Court, by filling out the marriage application form and submitting the required documents. The couple will be given a date and time when the marriage ceremony is to take place. On the said date, at the end of the ceremony, the couple will be required to sign the marriage certificate. There is no further action required once the marriage certificate has been issued.
The marriage contract between a Muslim couple should be registered with a sharia court.
Although the certificate thus obtained is valid within UAE; however, to be used outside UAE, the certificate may be attested by the Ministry of Foreign Affairs, and then by the embassy of the country where the document is required.
In conclusion, attesting a marriage certificate serves as more than a mere legal requirement; it provides significant advantages for a couple as they navigate their future, whether in the UAE or anywhere else they choose to reside.
Author: Dr. Hassan Elhais