Navigating the Legal Landscape: Civil Marriage for Expatriates in the UAE

The UAE has undergone a significant legal evolution to accommodate its diverse expatriate population, most notably through the introduction of secular Civil Marriage. This option provides non-Muslim couples with a streamlined, non-Sharia-based route to formalize their union, granting them greater autonomy over their personal affairs, including marriage, divorce, and inheritance. 
This article outlines where civil marriages can be registered, the legal requirements, the standing of special clauses, and the critical issue of jurisdiction.
Where to Register a Civil Marriage in the UAE
Civil marriage registration is primarily handled by the specialized courts established in the two leading Emirates for this purpose:

1. Abu Dhabi: The Pioneer
   The Emirate of Abu Dhabi was the first to introduce a comprehensive, secular family law under Law No. 14 of 2021 (Non-Muslims Personal Status Law). 

• Registration Location: Abu Dhabi Civil Family Court. The process is handled by a dedicated Civil Marriage Section. 
• Applicant Eligibility: Open to all non-Muslim couples, regardless of their nationality or place of residence. Crucially, tourists and non-residents can register their civil marriage in Abu Dhabi. 
• Key Requirements:
• Both parties must be at least 18 years of age. 
• Both parties must explicitly consent to the marriage. 
• Neither party should be a UAE national who is Muslim. 
• Parties must not be related by the first or second degree. 
• Proof of marital status (divorce decree or death certificate, if applicable). 

1. Dubai: Federal and Local Options
   While Dubai traditionally relied on non-Muslim couples marrying through their respective embassies or religious institutions, the Emirate now offers streamlined court services.

• Registration Location: Dubai Courts (under the Federal Decree-Law No. 41 of 2022 on Civil Personal Status, which came into force in 2023). 
• Key Requirements:
• Both parties must be non-Muslims. 
• At least one of the parties must typically be a resident of Dubai. 
• Both parties must be at least 21 years old (a common requirement for non-Muslim court marriages in Dubai). 
• Proof of being single (single status certificate) must be provided. 
  The Contract: Clauses and Contradiction with UAE Law
  One of the most significant benefits of the new Civil Marriage laws is the flexibility it grants couples in designing their marriage contract (or pre-nuptial agreement).
  Autonomy in Contract Terms
  Unlike Sharia-based marriage contracts, the civil process allows couples to explicitly define terms regarding the non-Muslim effects of marriage, including:
• Alimony (Spousal Support): Couples can stipulate the terms, amount, and duration of spousal support in the event of separation. If silent, the court will determine alimony based on factors like the length of the marriage and the wife’s age.
• Division of Assets: Couples can include clauses governing the division of property acquired during the marriage, moving away from the Sharia principle where each spouse retains their own assets.
• Waiver of Rights: Parties can agree to waive or limit certain financial claims upon divorce, provided they meet the laws’ fairness requirements.
  Contradictions and Legal Limits
  While the law grants substantial autonomy, any contractual clause remains subject to the overarching principles of UAE public order. 
• Fundamental Principle: A clause in a civil marriage contract may be deemed unenforceable if it is found to contradict the core principles of the new Civil Personal Status laws or the UAE’s public order and morality. 
• Example of Unenforceable Clauses: A clause that attempts to completely absolve a parent of all financial responsibility for a child, or a clause that involves illegal activity, would be null and void.
• Dispute Resolution: In the event of a dispute, the court will rely primarily on the civil law provisions and the contract’s terms. However, if a term is ambiguous or appears to violate fundamental public policy, the court may disregard that specific term while upholding the rest of the contract.
  Jurisdiction: Which Court Applies the Law?
  The issue of jurisdiction determines which court has the authority to hear family matters (divorce, custody, inheritance) arising from the civil marriage. 

1. Civil Courts: The specialized Civil Family Courts (e.g., in Abu Dhabi) have direct jurisdiction over all matters pertaining to the civil marriage contract.
2. Principle of Choice: The Federal Decree-Law No. 41 of 2022 offers non-Muslim expatriates the key right to choose to apply their home country’s law to their personal status matters. 
3. Default Application: If the couple does not explicitly choose their home country’s law, the new UAE Civil Personal Status Law will apply by default. This law is based on secular principles and applies concepts such as: 

• No-Fault Divorce: Either spouse can initiate a divorce without proving fault. 
• Joint Custody: The law establishes a framework for the shared responsibility of children. 
  The existence of a formal civil marriage certificate is the foundation for establishing this jurisdiction, allowing the couple and the courts to proceed under a secular, modern legal framework that respects their legal autonomy.