What is the process for civil marriage and divorce in Abu Dhabi

Authors: Abdullah Ishnaneh and Bassel Boutros

Non-Muslims in the UAE now have the option to get married in a civil ceremony after Abu Dhabi opened its new non-Muslim Personal Status Court last year. The dedicated family court for non-Muslims in Abu Dhabi oversees personal status matters, such as marriage, divorce, inheritance and child custody under Law No. 14 of 2021 on non-Muslims Personal Status in the Emirate of Abu Dhabi.

On the 7th of November 2021, his highness Sheikh Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates and the ruler of its Capital Abu Dhabi issued law No. 4/2021 regarding civil marriage and its effects in the Emirate of Abu Dhabi. This introduced new principles in relation to the personal status laws in a way that meets modern international practices, given the fact that the Emirate of Abu Dhabi has become one of the most attractive destinations for expatriates from all around the world.

The abovementioned law was published on the 15th November 2021 and entered into force on the 15th  December 2021. However, the details surrounding its applicability remained vague until this week when the Chairman of the Abu Dhabi Judicial Department issued Decision No. 8/2022 on the regulations pertaining to civil marriage and divorce within the Emirate of Abu Dhabi.

Pursuant to the new regulations, a new court has been established which will have jurisdiction to examine and rule on different personal status matters such as civil marriage, divorce, custody, inheritance, alimony, and other matters. For Non-Muslim UAE nationals and Foreigners of various nationalities (with the exception of foreigners where Sharia principles apply to personal status matters in their country of origin),he said court will have territorial jurisdiction as well.

The process of a civil marriage has been simplified – any couple -of sound legal and mental capacity – can electronically submit an English-Arabic bilingual template for executing and registering their civil marriage. Relevant documents must be attached to the application such as passport copy, residency visa, Emirates ID and other official documents showing the religion of the parties, acknowledgment of the non-existence of an ongoing marriage, amongst other matters. The court fees can be also settled electronically.

Following the submission, the court will examine the documents to make sure that the conditions are met. If the application is approved, the court will contact the concerned couple within 3 working days in order to schedule an appointment for the issuance and delivery of the marriage certificate to the couple. The couple can attend the meeting virtually or physically in court.