أسئلة وأجوبة
Is it mandatory to register the marriage in MOFA to live together here in the UAE?
Dear Lawyers,
Is it mandatory to register the marriage in MOFA to live together here in the UAE?
We are both Muslims from different nationalities and nikah was done in another country.
1. We both have our own visas and have no dependency on each other in terms of any legal ground.
2. We do not have any plan to have a child since we both are over 45 years old.
3. We have no requirement to register the marriage in our home country.
Still, is it mandatory to register the marriage with MOFA?
We appreciate your valuable input to clarify this.
Dear questioner
If there are certificates of Nikah, that can be enforced in the UAE without completing the marriage procedures prescribed under MOFA, because living together is not allowed for Muslims in the UAE.
If you need further clarification, please share your Whatsapp number.
Dear.
If you want to register a foreign marriage contract, you must go to the family court to finalize this matter, and there they will guide you to the registration requirements.
Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.
Please contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm Legal Counsel and Consultations
In the United Arab Emirates (UAE), the requirement to register a marriage with the Ministry of Foreign Affairs (MOFA) may depend on various factors, including the nationality of the parties involved, their residency status in the UAE, and their individual circumstances.
Here are some key points to consider:
1. Marriage Recognition: While the UAE recognizes marriages performed in other countries, including marriages conducted according to Islamic law (nikah), the requirement to register the marriage with MOFA may vary depending on the specific requirements of the UAE authorities and the policies in place.
2. Residency Status: If both parties are residents of the UAE and intend to live together in the country, they may be required to provide evidence of their marital status for various purposes, such as visa sponsorship, housing, and other legal matters.
In such cases, registering the marriage with MOFA may be necessary to ensure that the marriage is recognized by the relevant authorities.
3. Legal Rights and Benefits: Registering the marriage with MOFA may confer certain legal rights and benefits to the parties involved, including rights related to inheritance, property ownership, and spousal support.
While registration may not be mandatory in all cases, it can provide legal documentation of the marriage and help protect the interests of both parties in the event of disputes or legal proceedings.
4. Children and Guardianship: Even if the parties do not plan to have children, registering the marriage may have implications for issues related to guardianship and custody of any potential children born during the marriage.
It's essential to consider the legal ramifications of not registering the marriage, particularly concerning family law matters.
5. Legal Advice: Given the complexity of marriage laws and regulations in the UAE, it's advisable for individuals to seek legal advice from a qualified lawyer who is familiar with family law and immigration matters in the UAE.
A lawyer can provide personalized guidance based on the specific circumstances of the parties involved and help them understand their rights and obligations.
Ultimately, whether it is mandatory to register a marriage with MOFA in the UAE depends on various factors, and individuals should consult with legal experts to understand their legal obligations and options.
Yes, it is advisable to register your marriage with MOFA if you intend to live together in the UAE because of the following reasons:
Legal Recognition: Registering your marriage with MOFA provides legal recognition of your marital status within the UAE. It ensures that your marriage is acknowledged by the local authorities.
Documentation: Having an official marriage certificate attested by MOFA serves as proof of your marital relationship. This document may be required for various purposes, such as opening joint bank accounts, obtaining family visas, or dealing with legal matters.
Consistency with Local Laws: The UAE legal system operates based on its own regulations. While your nikah performed abroad is valid, local authorities may still require additional documentation to align with UAE laws.
Practical Considerations: Even if you do not plan to have children, having a registered marriage certificate simplifies administrative processes. It can facilitate matters related to inheritance, property rights, and healthcare access.
