Foreign marriage procedures in Egypt 2020 with lawyer Hayam gomaa Salem

For marriage is a relationship between a man and a woman protected by law with the aim of establishing a marital relationship, not in all cases it is easily established and my saying may raise some surprise, but this study is the result of long experience in personal status, especially in problems of documenting marriage.
The marital relationship is based on the basis of two parties, a man and a woman who must be in legal positions that allow them to marry each other.
For example, a man must not be married to four wives as in Islamic law, or his father is not married, as in Christian law.
Likewise, the wife must be free from marital contraindications, such as not being married or married to another and not between her and the man who will marry him, whether by descent or breastfeeding, preventing marriage from marriage. Besides another completely separate and no one mentioned before me, but a little, which is the aspect of documenting marriage
Marriage cases in Egypt will not depart from the following assumptions
1. An Egyptian Muslim man with an Egyptian Muslim woman
2. An Egyptian Christian man with an Egyptian Christian woman united with him in the school of thought
3. An Egyptian Christian man with an Egyptian Christian woman who is not united with him in the school of thought
4. An Egyptian Muslim man with an Egyptian Christian woman
5. An Egyptian Christian man with an Egyptian Muslim woman
6. An Egyptian Muslim man with a non-Egyptian Muslim woman
7. An Egyptian Muslim man with a non-Egyptian non-Muslim woman
8. An Egyptian Christian man with a non-Egyptian Muslim woman
9. An Egyptian Christian man with a non-Egyptian non-Muslim woman
10. A non-Egyptian Muslim man with an Egyptian Muslim woman
11. A non-Muslim non-Egyptian man with an Egyptian non-Muslim woman
12. A non-Muslim non-Egyptian man with an Egyptian Muslim woman
13. A non-Egyptian Muslim man with a non-Egyptian Muslim woman united with him in nationality
14. A non-Egyptian Muslim man with a non-Egyptian Muslim woman who is not united with him in nationality
15. A non-Muslim non-Egyptian man with a non-Muslim non-Muslim woman united with him in nationality
16. A non-Muslim non-Egyptian man with a non-Muslim non-Muslim woman who is not united with him in nationality
The bottom line is that all of these cases can be summed up in just four cases
The first marriage to Egyptian Muslims
The second is the marriage of non-Muslim Egyptians
The third marriage to Egyptians is defiant of religion
Fourth marriage of non-Egyptians
The law made the authorized person responsible for documenting the marriage of Egyptian Muslims
It also made the delegated notary the person concerned with concluding marriage of non-Muslim Egyptians in defiance of religion
And make the documentation offices the authority to document the marriage of non-Egyptians or Egyptians of different faiths, as well as in the fact that one of the parties to the marriage is not Egyptian.
Of course, in the case of Egyptian Muslim husbands, the person who acts as the notary is the authorized one, and almost this case of marriage does not raise any problem except in what is rare.
Likewise, the case of Egyptian non-Muslim spouses who are united by denomination and sect, then they marry in the church taking the religious form that is held by the Church to consider marriage as a sacred ecclesiastical secret, and also the marriage is documented by the delegated notary, who is often a Christian cleric himself, even if in this case marriage is not As a cleric but as a public servant of the state.
As for the case of marriage for Egyptians of different religions, here we will not deviate from two hypotheses
The first is that the husband is a Muslim and the wife is Christian. In this case, the competent authority is the documentation office for marriage to here. The matter seems normal, but a little delay. The real obstacle will appear in the certificate required by the documentation office, which is a certificate that the woman who is willing to marry from the patriarchate of which the wife is attending must attend.
This testimony is supposed to benefit the wife’s authority to marry and the wife’s religious authority not to marry
Of course, the Patriarchate will not agree to this, and therefore this condition is considered one of the conditions that raises a problem that may prevent the marriage from being documented through this office.
As for the other hypothesis, which is that the wife is an Egyptian Muslim and the husband is non-Muslim, here the office refrains from starting to document such a marriage on the basis that it is contrary to the public order in Egypt and here the marriage documentation is not what raises the problem, but that marriage in itself is the problem
As for the case of differing nationality with the Union of Religion
We start with the assumption that the husband is a non-Egyptian Muslim and the wife is an Egyptian Muslim
Here the legally competent authority is the documentation office
But the law here sets conditions for documenting this marriage, making the documentation of this marriage through the office in the rare ruling
These conditions are
1- The presence of the foreigner by himself when conducting the marriage documentation
2- The difference in age does not exceed 25 years between the foreign husband and the Egyptian wife
3- As for the Egyptian husband or the Egyptian wife: The marriage age should not be less than 18 Hijri years for the husband and 16 Hijri for the wife
4- If the Egyptian wife is less than 21 years old, the guardian’s consent must be obtained
5- There are two reasonable adult Egyptian witnesses, and the witness may be a foreigner, but with special conditions
6- A declaration that there is no legal impediment prohibiting marriage, whether it is a relationship of kinship, a young age, or a marriage that prevents the completion of the new marriage
7 – Presenting a certificate from the foreign party wishing to marry its embassy, ​​in its marital status, age and religion
8- Providing another certificate from the foreign party wishing to marry his embassy stating that his country does not object to his marriage. “This condition is often impossible to implement, as some embassies completely refrain from giving this certificate.”
9- In the event that one of the two parties preceded the marriage and ended in divorce, annulment, annulment, or annulment, the final verdict must be submitted for that, even though it must be certified by the Egyptian Foreign Ministry if this party is a foreigner
10 – The widower presents the death certificate of the ex-spouse with documentation from the Ministry of Foreign Affairs if he is a foreigner
11- Submit the official birth certificate to both parties to the marriage
And because marriage is essentially a personal choice, when a man and woman choose each other and decide to marry, they do not care from the documentation office other than proving their marriage in an official way without this being

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Originally posted 2020-01-16 17:43:31.