We specialize in documenting foreign marriage contracts. International offices deal in the real estate month to document foreign marriage contracts in Egypt
Marriage cases in Egypt
Preface:
The topic of marriage to foreigners in Egypt is one of the topics that concerns young people of both sexes, especially men, because of the widespread phenomenon of marriage to foreign women with the intention of traveling abroad, and we will show the most important provisions of marriage to foreigners in Egypt.
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 who defied 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 attached to
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 begin with the hypothesis 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 that makes the documentation of this marriage through the office a rare rule.
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 foreign, but with special conditions
6- A declaration that there is no legal impediment prohibiting marriage, whether it is a relationship of kinship or a young age or an association with 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
The second assumption is that the husband is Egyptian and the wife is foreign
It is also required to bring two certificates from the embassy to which the wife is affiliated, one of them in the case of the social wife and the other not to refuse her embassy in marriage, this is with the requirement that the wife be residing in Egypt for more than six months, for some nationalities such as the Philippines, this is beside the previous conditions except for the age difference between the spouses
The third assumption is that both spouses are foreigners
They are almost the same as the previous conditions, except for the requirement for the age difference between the husband and wife, and of course they are completely incapacitating conditions and known to everyone who tried to obtain a certificate of no objection to marriage from the UAE or Saudi embassy and other embassies that refrain from giving such a certificate
Because when society collides with laws established by the state and these laws are incompatible with and not compatible with the needs of this community, it creates its own law that is compatible with it and gradually dispenses with resorting to the laws of the state that are not compatible with its needs
When the state requires incapacitating conditions, which are not important or fundamental in establishing the marriage, it opens a back door to leave the marriage documentation entirely through the office that it established for that.
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 authentication office other than proving their marriage in an official way without this authority having any role more than that, i.e. it has no role in the financial terms between them or the mandate of this office or Any other party in agreeing to the marriage or not, that is, do not ask them for certificates with the approval of entities that consider themselves guardians of individuals such as embassies or patriarchs
As a result of these arbitrary conditions
Whoever desires to marry and clash with the conditions of the notarial office become resorted to customary marriage only or to customary marriage, then documenting it before the courts on the pretext of proving marriage
Thus, whether the authentication office agreed to prove the marriage or did not agree, the marriage will take place in all cases
Especially since the Egyptian law considered marital proof provisions issued by the courts equal in their power to the marriage documents issued, whether with the knowledge of the authorized or the delegated notary or the documentation offices.
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Originally posted 2020-01-16 16:02:18.