Fa­ther’s con­sent for mar­riage can not come by email – he needs wit­nesses

The National - News - - NEWS - HAS­SAN ELHAIS Lawyer,

Q My wife and I got mar­ried in the UAE be­cause we were res­i­dents of the coun­try at the time. We no longer live in the UAE and have now de­cided to di­vorce. Can we file for di­vorce in the UAE even though our res­i­dency visas are no longer valid? A

Lo­cal courts con­sider the ju­ris­dic­tion for di­vorce cases if both par­ties are res­i­dents or if the case is filed against a res­i­dent of the UAE. The UAE courts could pre­side over the di­vorce if the lo­ca­tion of the re­spon­dent is un­known and in some other sce­nar­ios. De­cid­ing to end your mar­riage in the UAE if nei­ther of you is a res­i­dent or if you have only mar­ried in the UAE is not suf­fi­cient rea­son to give lo­cal courts ju­ris­dic­tion.

My fi­ance and I would like to reg­is­ter our mar­riage in the UAE. Both of us are Mus­lim ex­pa­tri­ates. I un­der­stand that with­out my fa­ther’s con­sent it is im­pos­si­ble to con­clude our mar­riage through the lo­cal courts. My fa­ther, un­for­tu­nately, for per­sonal rea­sons is un­able to fly to the UAE to at­tend my wed­ding. Can my fa­ther give his con­sent for my mar­riage in writ­ten form via email and share his bless­ings with my fu­ture hus­band?

The UAE Law of Elec­tronic Trans­ac­tions and Com­merce ex­cludes trans­ac­tions re­lated to per­sonal law – such as di­vorce, wills and mar­riage. This law also ap­plies with Is­lamic prin­ci­ples that re­quire there to be two wit­nesses to your fa­ther giv­ing con­sent. To have your mar­riage duly regis­tered and recog­nised in UAE, the con­sent of your fa­ther given via email will not be con­sid­ered as suf­fi­cient proof of his will­ing­ness to ac­knowl­edge this mar­riage.

De­cid­ing to end your mar­riage in the UAE if you are not a res­i­dent is not suf­fi­cient rea­son to give lo­cal courts ju­ris­dic­tion

If you have a ques­tion for our le­gal con­sul­tant, email me­dia@ pro­fes­sion­allawyer.me with the sub­ject line “Fam­ily Mat­ters”.

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