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

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 Can we file for divorce in the UAE even though our residency visas are no longer valid?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

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