The United Arab Emirates has taken a decisive and structured step toward regulating marriages involving individuals below the age of eighteen through Cabinet Resolution No. (212) of 2025. This Resolution establishes a comprehensive legal framework governing what is commonly referred to as “early marriage,” placing judicial oversight, child protection, and social welfare considerations at the heart of the process.
The Resolution must be read in conjunction with the Federal Decree-Law No. (41) of 2024 on Personal Status. This reflects the UAE’s broader reform agenda in family law.
At its core, the Resolution does not permit underage marriage as a matter of right. Rather, it treats such marriages as exceptional cases, subject to strict scrutiny and procedural safeguards. This represents a clear shift away from discretionary or informal practices toward a regulated, evidence-based judicial process aimed at protecting minors from harm.
Definition and Legal Scope of Early Marriage
The Resolution expressly defines early marriage as the marriage of a person who has not yet completed eighteen (18) Gregorian years of age. Any marriage falling within this definition cannot be documented or recognized unless it is authorized by the competent court.
The law thereby removes any ambiguity regarding age thresholds. It reinforces the principle that legal capacity for marriage is the exception—not the norm—below the age of majority.
Importantly, the Resolution aligns with international child protection standards while remaining grounded in the UAE’s legal and cultural context. It balances societal realities with the constitutional obligation to safeguard the welfare, dignity, and future of minors.
Mandatory Judicial Oversight and Court Authorization
One of the most significant features of the Resolution is the absolute requirement of prior court approval. No marriage contract involving a minor may be notarized or registered unless judicial authorization is granted.
The court’s role is not merely administrative; it is substantive and evaluative. The judge must ensure that all legal conditions are met and that the marriage does not expose the minor to physical, psychological, social, or economic harm.
This judicial oversight underscores that early marriage is not a private arrangement between families. It is a matter of public interest and child welfare.
Establishment of a Specialized Committee
To support the judiciary, the Resolution mandates the formation of a specialized committee tasked with examining early marriage applications. This committee is composed and regulated by decisions issued by the competent judicial authority and operates under clear statutory guidelines.
The committee’s role is investigative and advisory. It examines the circumstances of the proposed marriage, communicates with the parties, and assesses whether the legal and factual conditions justify granting permission. This institutional mechanism ensures that decisions are informed by multidisciplinary considerations rather than purely formal criteria.
Duties and Investigative Powers of the Committee
The Resolution grants the committee broad responsibilities. These include reviewing applications, communicating with both parties, and coordinating with the court.
Crucially, the committee is empowered to request social, psychological, financial, and medical reports from relevant authorities. These reports serve to evaluate the maturity of the minor, the balance of power between the spouses, the financial capability of the prospective husband, and the overall impact of the marriage on the minor’s present and future welfare.
The committee may also require personal interviews, whether in person or through modern communication means. Such interviews must be conducted with confidentiality and dignity preserved.
Documentary and Evidentiary Requirements
An application for early marriage must be supported by a robust evidentiary file. This includes, among other things:
- Medical confirmation of physical maturity,
- Psychological assessments,
- Written consent from the minor,
- Proof of the absence of coercion, and
- Documentation establishing the prospective spouse’s ability to provide financial support and suitable housing.
These requirements demonstrate that consent alone is insufficient. The law requires informed, voluntary, and protected consent, verified through independent professional assessments.
This process significantly reduces the risk of forced or exploitative marriages.
Judicial Criteria for Granting or Refusing Permission
When issuing its decision, the court must rely on the committee’s report and independently assess several key factors. These include:
- The minor’s ability to comprehend the consequences of marriage,
- The proportionality between the spouses in age and social status, and
- Whether the marriage serves a legitimate interest without compromising education, health, or future prospects.
The court also evaluates whether the marriage would hinder the minor’s educational or professional development. If the court finds that the proposed marriage poses any foreseeable harm, it is legally obliged to refuse authorization.
Finality of Decisions and Right to Reapply
The Resolution provides procedural clarity regarding outcomes. Court decisions approving or rejecting early marriage applications are issued in accordance with established judicial procedures. Where an application is rejected, the law allows for resubmission only after a minimum waiting period of six months, unless there is a material change in circumstances.
This provision prevents repeated or abusive applications while preserving flexibility where genuine changes justify reconsideration. It reinforces legal certainty while maintaining judicial discretion.
Legal and Social Significance of the Resolution
Cabinet Resolution No. (212) of 2025 represents a landmark development in UAE family law. It transforms early marriage from a loosely regulated practice into a tightly controlled judicial exception.
The Resolution reflects the UAE’s commitment to child protection, responsible family formation, and alignment with modern legal standards while respecting cultural and social realities.
From a practitioner’s perspective, the Resolution imposes a high evidentiary threshold and demands careful legal preparation. Families, lawyers, and applicants must approach early marriage applications with full awareness that approval is exceptional and contingent upon demonstrable welfare considerations—not mere custom or preference.
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