What are the conditions required by law for a valid marriage contract? The couple can add and set conditions in the marriage certificate. These conditions will be binding for both of them and they must be fulfilled. WhatsApp: +971555570005
What are the conditions required by law for a valid marriage contract?
The couple can add and set conditions in the marriage certificate. These conditions will be binding for both of them and they must be fulfilled. A spouse can oblige the other spouse to execute the condition legally, means through the court.
Article 20 states that:
Spouses are bound by the conditions exchanged except those legitimizing the illicit or banning the legitimate.
This means that neither a spouse can stipulate a condition to legitimize what is forbidden in Sharia, or set a condition to prohibit what is admissible in Sharia. For example, the wife requires her husband to commit a murder, here murder is forbidden, or the wife stipulates to work in the liquor trade. These conditions are void but the marriage contract remains valid not void.
The contract may include a condition or more when concluded. This condition may be incompatible in its meaning with its intended purpose. Law has set the penalty for this thing that is nullity of the contract. Article 20 also states that:
“If the contract of marriage contains a condition that is inconsistent with the foundations of marriage, the contract shall be void.”
This means that a spouse sets a condition contradicts the basic conditions in the marriage contract. For example, the marriage contract in the Islamic Sharia is held upon the perpetuation basis. This means that marriage is originally until the end of life. It is not intended to be temporary for a certain or indefinite period. In case a spouse stipulates that marriage lasts for five years for instance, or that marriage lasts until his wife gives birth to a baby boy, this contract becomes void.
If that condition is forbidden by Sharia, the condition becomes void but the contract remains valid:
Where the contract is subject to a condition that is not inconsistent with the foundations of marriage but is in contradiction with its requirements or is considered illicit by law, the condition is void but the contract valid.
This means, for example, that the husband stipulates not to give dowry to his wife, or not to spend on her, here such conditions are void but the contract is considered valid.
In all cases, no condition is considered for hearing, if denied by a spouse, unless such condition is expressly stated in the authenticated marriage contract.
“Disavowal negates the effect of any condition unless it is written in the registered contract of marriage.”
The right to request annulment is dropped if the other party consents to the contract with the violation made by the breaching party, explicitly or implicitly. An implicit consent is considered after one year of the violation, with knowledge of the other party.
Article 20 explicitly states that:
The right to rescind a contract is foreclosed if forfeited by its owner or if he expressly or impliedly accepts the contrary. Shall be considered an implied acceptance, the lapse of one year following the occurrence of the violation with knowledge thereof and in case of irrevocable divorce.
It should be noted that when breaching the condition that is not inconsistent with the foundations of marriage, nor in contradiction with its requirements, nor legally banned, the party benefitting from the condition can rescind the marriage.
“If neither inconsistent with the foundations of marriage nor in contradiction with its requirements and if not legally banned, the condition is valid and should be fulfilled.
In default thereof, the party benefiting of such condition may rescind the marriage, whether he be the husband or the wife, and the former shall be exempted from alimony, payable during the waiting period following the dissolution of marriage, if the defaulter is the wife.”
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
What are the conditions required by law for a valid marriage contract? The couple can add and set conditions in the marriage certificate. These conditions will be binding for both of them and they must be fulfilled. WhatsApp: +971555570005
