Second Marriage Law in the UAE: Can You Marry Again?

The second marriage law in the UAE depends on the parties’ religion and applicable legal framework. For Muslims, the Personal Status Law derives from Islamic Sharia. It permits men to have up to four wives simultaneously, subject to the conditions in Federal Decree-Law No. 41 of 2024.

For non-Muslims, civil marriage is governed by Article 6 of Decree-Law No. 41 of 2022. It is also governed by Article 2 of Cabinet Decision No. 122 of 2023 regarding the Executive Regulation of Federal Decree-Law No. 41 of 2022. These rules strictly prohibit polygamy for the wife.

The husband’s situation depends on his national laws. If his home country’s laws ban polygamy, he cannot marry a second wife. If his laws allow it, he can marry, but with conditions.

He must fully disclose any current marriage and document it before the notary judge.

Second Marriage Law in the UAE for Muslims and Non-Muslims

Under Federal Decree-Law No. 41 of 2024, a Muslim man may marry up to four wives at the same time, subject to Islamic Sharia requirements, including fair treatment and maintenance.

The rules for non-Muslim civil marriages are different. The wife must not already be married. The husband must disclose any existing marriage, and whether he may have more than one wife depends on the law applicable to him.

The parties must also meet the applicable disclosure requirements before the marriage contract is registered.

Marriage conditions under Federal Decree Law No 41 of 2024

Under Islamic Sharia, a Muslim man may have up to four wives at the same time. Each marriage contract must meet the validity conditions set out in Article 26 of Federal Decree-Law No. 41 of 2024.

These conditions include:

If the woman is Muslim, the marriage must include an offer from her guardian and acceptance by the other party. An exception applies to a noncitizen Muslim woman if the law of her nationality does not require a guardian for marriage.

Two witnesses must be present. Under Article 27, each witness must be a sane adult man who hears and understands the offer and acceptance. The witness must also be Muslim if the husband is Muslim.

Maintenance fairness and housing responsibilities

Under Article 49 of Federal Decree-Law No. 41 of 2024, the husband must provide maintenance in accordance with custom and treat all his wives fairly. This includes fairness in treatment, division of time, and obligatory maintenance.

The husband must provide suitable marital housing. Article 105 of Decree-Law No. 41 of 2024 allows multiple wives to live in one building if the housing is suitable.

Each wife must also have near-total independence for utilities, services, and entrances and exits. The court can add other conditions if a wife is harmed and requests it.

Civil marriage disclosure requirements for non-Muslims

Article 6 of Federal Decree-Law No. 41 of 2022 requires each spouse to disclose previous marital relationships in the marriage contract. Each must also give the date of any divorce.

The wife must declare that she is not currently married. The husband must make the same declaration if the laws applicable to him prohibit polygamy. In all cases, he must disclose any existing marriage before the notary judge.

Cabinet Resolution No. 122 of 2023 reinforces these requirements. Article 2 states that the wife must not be currently married. The same rule applies to the husband if the laws applicable to him prohibit polygamy.

However, the husband must disclose any existing marriage in all cases.

First wife consent and notification

The law does not require the first wife’s consent to complete the marriage contract. UAE statutory law does not mandate official judicial notification to her after registration.

Living in one villa or building

Under Article 105, this is only allowed if the building is suitable. Each wife must also have near-total independence, including private facilities and a separate entrance. The court can forbid this if a wife proves she is harmed.

The applicable law for Muslim residents

Federal Decree-Law No. 41 of 2024 applies to you automatically. You can marry up to four wives. This applies unless you or your wife request to apply your home country’s law.

That law must not conflict with Islamic Sharia.

The guardian exception for noncitizen Muslim women

The answer depends on the applicable law. Under Article 26, a guardian is normally required for a Muslim woman’s marriage contract. An exception applies to noncitizen Muslim women whose national law permits an adult or previously married woman to marry without a guardian.

UAE courts may allow the contract to proceed without one after verifying the applicable foreign law’s conditions. Approval is not automatic.

Scope and limits of the two frameworks

• • Article 32 prohibits a Muslim man from having more than four wives at the same time.
  • Muslim framework: Applies to UAE citizens if one or both parties are Muslim. It also applies to non-UAE Muslim residents, unless they have special laws specific to their sect/religion or if they agree to apply another law permitted by state legislation under Article 1.

• Non-Muslim framework: Applies to UAE citizens if one or both parties are Muslim. It also applies to non-UAE Muslim residents, unless they have special laws specific to their sect/religion or if they agree to apply another law permitted by state legislation under Article 1.

Official legislation

• Federal Decree-Law No. 41 of 2024 on Personal Status
• Federal Decree-Law No. 41 of 2022 on Civil Personal Status
• Cabinet Decision No. 122 of 2023

Before proceeding, have the applicable law and supporting documents reviewed against your circumstances. The legal position depends on the facts, documents, and any existing court orders.