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Why a Power of Attorney is required for marriage in UAE?

Why a Power of Attorney is required for marriage in UAE?

All expats, regardless of nationality and religion, can get married in the United Arab Emirates (UAE). Like in any country in the world, there are certain requirements that the government requires to be eligible for marriage. For instance, the contracting parties to the marriage must be UAE residents. Further, being an Islamic country, a Muslim woman cannot marry a non-Muslim man under state Shariah courts without proof of conversion to Islam of the latter. Alternatively, a couple can register their marriage in a consulate or embassy of their respective country.

Essential pre-requisites in getting married may vary from Emirate to Emirate. For example, in Dubai, at least one party to the marriage must be a resident, in other emirates, both parties have to be residents.

In the UAE, Islamic marriages are solemnized according to Sharia principles which apply to cases where either one or both parties are Muslim, regardless of the nationality.

The salient requirements for Muslim marriages are the following:

  • Marriage contract needs to be registered in a Sharia court in the UAE.
  • Legal age for marriage is 18 Hijri years; otherwise, the judge’s approval is required.
  • A spouse’s age should not be twice the other; otherwise, the judge’s approval is sought.
  • A premarital screening certificate is needed.
  • Attendance of the couple is required.
  • Attendance of the bride’s father or his proxy is required.
  • For a woman to get married, she needs the consent of her guardian.
  • In case of father’s death, the presence of the next closest male guardian i.e. closest kin such as a brother, uncle or cousin is required.
  • Divorced and widowed women must produce a proof of the status.
  • If the bride is Muslim and her father is not, she needs a ‘No Objection’ letter from her embassy or consulate.

If the bride’s father cannot attend the marriage registration at the court in person, he can appoint a proxy guardian through an officially certified Power of Attorney and two male Muslim witnesses are required. Such proxy guardian must be of the same religion as that of the bride’s father, to complete marriage procedures using the POA for marriage. A POA for marriage has to be notarized in one of the Notary Public offices, if the father signs it in the UAE. If the father of the bride signs the Power of Attorney outside the UAE, then the POA must be legalized in relevant authorities and UAE Embassy in the country of signing.

Should an Emirati woman wish to marry an expatriate man, she must first obtain a parental consent; furthermore, the groom should be a resident of the UAE and must obtain a UAE-issued good conduct certificate.

For marriage between non-Muslims, the conclusion of the marriage formalities should be done at their respective embassies or consulates; or at the temple or church as per the religion. In some instances, some countries require their citizens to file an application of intention to marry at their embassy or consulate in the UAE. It is best advised to seek guidance from the corresponding embassy or consulate prior to concluding the marriage.

POA.ae is the first dedicated Power of Attorney firm in the United Arab Emirates and offers full range of related services, including POA drafting, translation and representation services. To order your POA today, please place an online order or get in touch with us on +971 55 886 4969 or +971 4 359 3773 or email at contact@poa.ae.

Disclaimer: The content on this page is for general information purposes only and does not constitute as legal advice nor should it be used as a basis for any specific action or decision. Nothing on this page is to be considered as creating a lawyer-client relationship or as rendering of legal advice for any specific matter. Users of this website are advised to seek specific legal advice by contacting members of POA.ae (or their own legal counsel) regarding any specific legal issues.