Can Filipinos Annul Their Marriage at the Abu Dhabi Civil Marriage Court?
The Abu Dhabi Civil Marriage Court is an increasingly trendy legal establishment among expatriates who just need to be efficient in getting clarity in marriage issues. Some of the individuals with a keen interest include Filipino nationals who desire to terminate a marriage legally by annulment. With the simplified process and the progressive legal system in the court, many Filipinos living or employed in the UAE find Abu Dhabi to be an attractive alternative for resolving their marital conflicts.
This guide provides information on how Filipinos can obtain a marriage annulment in Abu Dhabi, including the eligibility requirements, documents required, reasons for annulment, and what to expect during the process.
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What is Abu Dhabi Civil Marriage Court?
Abu Dhabi Civil Marriage Court is a branch of the Abu Dhabi Judicial Department (ADJD), which was created due to the Abu Dhabi Law No. 14 of 2021. It is a specialized court that only handles civil family affairs of non-Muslims, such as marriage registration, divorce, annulment, child custody, and other personal status matters.
This court does not follow the principles of religious courts but the principles of civil law, which means that foreign nationals do not have to be exposed to religious personal laws and can solve their family conflicts within the confines of the court. This renders it particularly appropriate to the needs of expatriates who want a neutral and internationally orientated legal system.
Why Do Filipinos Select Abu Dhabi to Annul?
The Filipinos consider it extremely difficult to annul a marriage in the Philippines. It is usually a tedious, costly, and procedurally engaging process. To the contrary, Abu Dhabi provides a clear legal entryway that has a lesser number of procedural obstacles.
The civil family law system of the UAE focuses on efficiency, fairness, and ease of access for expatriates. Under the current legal trend, Filipino nationals can obtain a remedy for matrimonial problems within a reasonable time frame while still benefiting from the legal framework provided by UAE law. This choice would relieve foreign Filipino workers and residents of the long period of legal uncertainty.
Abu Dhabi: What is Annulment?
An annulment is a legal statement that a marriage is never legally established; that is that it is stated like it never came into being. This is in contrast to divorce, which ends a valid marriage once it has been entered into.
The Civil Marriage Court in Abu Dhabi is the venue of the cases of annulment of non-Muslims, provided that a number of certain legal requirements are fulfilled. The court looks into the nature of the marriage that was contracted, including missing necessary legal elements such as valid consent or legal capacity at the time of the marriage.
What is the criterion for who can file an annulment at the Abu Dhabi Civil Marriage Court?
The Abu Dhabi Civil Family Court has the jurisdiction to adjudicate annulment cases involving both UAE nationals and foreign nationals, but only under certain conditions:
- Residents:
An annulment application may be filed by individuals who either have a place of residence, a place of employment, or a legal domicile in Abu Dhabi.
- Non-Residents:
Cases involving non-residents can also be presented to the court when:
The case is that of annulment or cancellation of marriage.
It is submitted by a UAE national wife or a former UAE national wife, assuming that she lives or is domiciled in the city of Abu Dhabi.
These are provisions that guarantee that the expatriate, even the Filipino, is able to reach the court as long as one of the parties is not located outside the UAE and legal requirements are satisfied.
How do we have Grounds to annul?
The Abu Dhabi Civil Marriage Court identifies several legal reasons for annulling a marriage:
- Lack of Free Consent:
In case one of the partners was forced to get married.
- Fraud or Deception:
One of the spouses either lied about material facts or concealed contractual information before the marriage, taking advantage of this deceit.
- Physical or Mental Incapacity:
If one spouse was unable to fulfil their marital responsibilities due to a mental or physical incapacity during the marriage, it would be considered an existing marriage.
- Existing Marriage:
In case one of them was already a married woman who was legally married to someone.
- Marriage Below Legal Age:
If either of the two parties was below the legal age at the time of their marriage, the annulment may be possible.
Every ground should be substantiated by reasonable evidence so that the court can afford it a chance to annul.
What are the documents required for annulment?
These are the documents that must be submitted to apply for annulment.
The applicants have to provide the supporting documentation to start the annulment process, and such includes:
- A formal marriage certificate issued by Abu Dhabi or a foreign authority that is recognised.
- Legal copies of passports and Emirates IDs (when necessary).
- Evidence of UAE residence, work, or a valid visa.
- Provide evidence to support the grounds for annulment, such as medical reports, affidavits, and legal records.
- Any further recordings the court needed?
- Any foreign documents might require official translation and attestation according to the requirements of the UAE law.
Steps to file for Annulment in Abu Dhabi Civil Marriage Court
Typically, the annulment process follows the steps below:
- Legal Consultation:
Consult an accredited family attorney with knowledge of the civil marriage laws in the UAE.
- Document Preparation:
Assemble and prepare the necessary legal and supporting papers.
- Application Submission:
Submit the annulment petition to the Abu Dhabi Civil Marriage Court.
- Court Hearings:
Be present at hearings on time. The court can demand the testimony of witnesses or an expert assessment.
- Judgement Issuance:
Upon the case review, the court will make its final decision.
Litigation enhances the efficiency and accuracy of the procedures greatly.
How Many Years Does the Annulment Process Take?
Annulment time is based on the complexity of the case and supporting evidence. Simple cases can be solved in a matter of a few months, and disputed issues can be more time-consuming.
On the whole, the Abu Dhabi Civil Marriage Court has a reputation for ensuring that cases are resolved in time, as opposed to most foreign jurisdictions.
How much does annulment cost in Abu Dhabi?
The cost of annulment in Abu Dhabi depends on several factors, including the following expenses:
- Charges for administrative and court filings are included in the costs.
- Attorney fees and consulting fees are also included in the costs.
- Translations and document attestation costs.
Although the expenses vary with each situation, the payment of annulment in the city of Abu Dhabi is usually regarded to be cheap. The services of a lawyer are valuable in estimating the overall cost.
Are remarriages possible in Abu Dhabi after annulments for Filipinos?
Yes. When an annulment judgment is given, the two parties are technically free to remarry. An annulment certificate is an official document to indicate that the former marriage is void and can be referred to be registered as a marriage.
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Conclusion
The Abu Dhabi Civil Marriage Court is an annulment avenue that offers Filipino nationals a well-organised, effective, and legally safe avenue of terminating invalid marriages. It is necessary to know the eligibility requirements, legal grounds, and procedural steps to be taken to avoid complications and ensure that the process is not complicated.
In case of annulment or professional legal support in the question of civil marriage, our marriage lawyers in the Dubai Court of Marriage are ready to help you. We also offer full-service law services beginning with consultation and ending with a verdict.
Disclaimer: The article is written for general informational purposes and does not represent legal advice. To have individual legal advice, seek the services of an experienced marriage attorney.
