How to get special power of attorney for marriage

A Special Power of Attorney for marriage allows a person to authorise a representative to carry out specific marriage-related acts on their behalf where the applicable UAE marriage procedure permits representation.

It may be relevant where one of the parties cannot attend personally, or in certain Sharia marriage cases where the bride’s guardian is outside the UAE. The authority should be limited to the marriage procedure for which it is required rather than giving the representative unnecessarily broad powers.

What Is a Special Power of Attorney for Marriage?

A Special Power of Attorney (SPOA) is a purpose-specific authorisation. Unlike a broad or general POA, it gives the appointed representative authority only for the acts expressly stated in the document.

For a marriage procedure, the POA may authorise the representative to carry out specific acts connected with the marriage application, documentation or court procedure where representation is legally permitted.

Dubai Courts currently requires a Private Attested Power of Attorney where an agent represents a party in either a legal/Sharia marriage or civil marriage procedure.

For a broader explanation of this type of document, see our guide to a Special Power of Attorney in Dubai.

When Is a Marriage Power of Attorney Used in Dubai?

A marriage-related POA may be relevant in situations such as:

• one of the parties cannot attend the marriage procedure personally;
• an authorised representative is permitted to act under the applicable court procedure;
• the bride’s guardian is outside the UAE in an applicable Sharia marriage case; or
• the person granting the authority is outside the UAE and needs a representative in Dubai.

A POA does not remove the normal requirements for the marriage itself. The couple must still meet the applicable rules relating to age, religion, marital status, residency, medical screening, guardian or witnesses where relevant.

Can the Bride’s Guardian Give a Power of Attorney for Marriage?

Yes, in certain circumstances.

For Sharia marriage, the bride’s guardian may have a role in concluding the marriage contract. UAE Government guidance states that where the guardian is outside the UAE, a legal Power of Attorney or official authorisation from the guardian may be accepted in special cases.

The exact requirements depend on the marriage circumstances and the authority handling the application, so the guardian’s absence should be raised before the marriage appointment.

The old assumption that any male person over a particular age can automatically act as the guardian’s attorney should not be relied upon. The representative must have legally sufficient authority for the particular marriage procedure.

Can an Agent Represent the Bride or Groom in Dubai Courts?

Dubai Courts’ current Marriage Contract service allows the parties or their legal representatives to appear, subject to the applicable marriage conditions.

Where an agent is involved, Dubai Courts requires a Private Attested Power of Attorney. This applies to both legal/Sharia marriage and civil marriage procedures.

The authority stated in the POA should therefore match the acts that the representative is expected to perform. A generic POA should not automatically be assumed to contain sufficient authority for a marriage transaction.

What Should a Special Power of Attorney for Marriage Include?

The exact wording depends on the purpose of the POA, but a marriage-specific document should generally identify:

• the principal granting the authority;
• the appointed attorney or representative;
• the marriage-related purpose of the POA;
• the specific acts the representative is authorised to perform;
• any court or jurisdiction relevant to the transaction;
• any guardian-related authority where applicable;
• any limitations placed on the representative; and
• the duration or expiry of the authority where appropriate.

The document should not grant powers that are unrelated to the marriage procedure unless the principal deliberately intends to provide those additional authorities.

Documents Required for a Marriage Power of Attorney

The supporting documents depend on the circumstances and the authority being granted. Dubai Courts’ current POA ratification process generally requires:

• proof of identity of the principal;
• proof of identity of the attorney or representative;
• documents showing the representative’s capacity or authority, where applicable;
• the draft Power of Attorney; and
• supporting documents relevant to the marriage-related authority.

Additional documents may be requested where guardianship, a previous marriage, foreign-issued documents or another special circumstance is involved.

How to Obtain a Special Power of Attorney for Marriage in Dubai

1. Confirm That Representation Is Permitted

First confirm with the court or marriage authority that the required act can be performed through an authorised representative.

2. Define the Exact Authority

Identify precisely what the representative needs to do. A marriage POA should be drafted around those acts rather than using unnecessarily broad general wording.

3. Prepare the Supporting Documents

Prepare the identification documents and any supporting evidence required for the particular marriage procedure.

4. Draft the Marriage-Specific POA

The POA should clearly identify the principal, representative and marriage-related authority. Businesses and individuals requiring a purpose-specific document can also review our Power of Attorney draftingh and notarisation options in Dubai.

5. Complete the Applicable Notarial Procedure

The POA is submitted through the applicable Dubai Courts notarial process for review, verification, signature and ratification.

Dubai Courts’ current electronic workflow can involve document review without the parties’ presence, virtual attendance or personal attendance depending on the transaction and the information submitted.

Can a Marriage Power of Attorney Be Notarised Online?

Yes, eligible Power of Attorney transactions can use Dubai Courts’ online ratification process.

Dubai Courts currently requires parties using the online attestation route to hold valid Emirates IDs. A concerned person who only holds a passport and does not have an Emirates ID may be required to appear personally before the Notary Public.

This means it is no longer accurate to say that the principal, attorney and witnesses must always attend the notary together.

What If the Marriage POA Is Issued Outside the UAE?

A Power of Attorney prepared outside the UAE may require additional formalities before it can be used in Dubai.

Dubai Courts states that foreign-issued documents may need to be attested through the competent authorities in the issuing country, the UAE Embassy in that country and the UAE Ministry of Foreign Affairs.

If the document is not in Arabic, a legal Arabic translation certified through the applicable UAE process may also be required.

This is particularly relevant where a bride’s guardian, one of the parties or another person granting authority lives outside the UAE.

Notarisation and Attestation Are Not the Same Thing

For a marriage POA, these terms can refer to different stages.

• Notarisation or ratification: verifies and formally executes the POA through the applicable notarial process.
• Attestation/legalisation: may be required when a document issued in one country needs to be officially recognised for use in the UAE.
• Legal translation: may be required where a foreign-language document is submitted to a UAE authority.

A POA being notarised abroad does not necessarily mean that all formalities for its use in Dubai have been completed.

How Much Does a Power of Attorney Cost in Dubai?

Dubai Courts currently lists an attestation fee of AED 100 for each relevant party to a Power of Attorney, plus AED 20 in Knowledge and Innovation fees.

Additional costs may apply for drafting, legal translation, foreign-document attestation or other professional assistance.

Government fees can change, so the applicable amount should be checked before filing.

Marriage POA vs General Power of Attorney

A Special Power of Attorney for marriage should be limited to the specific marriage-related authority required.

A General Power of Attorney may grant authority across several different matters and is therefore not automatically the better option simply because the principal wants someone to represent them.

Where the purpose is one marriage procedure, a narrowly drafted special POA generally provides clearer evidence of the authority that has actually been granted.

Need Help With a Marriage Power of Attorney in Dubai?

A Special Power of Attorney for marriage should be drafted around the exact authority required for the marriage procedure. The wording, supporting documents and notarisation or attestation steps can differ depending on whether the principal, guardian or representative is in the UAE or abroad.

If you need help preparing the document for use in Dubai, Notary Public Dubai can assist with the applicable drafting, notarisation and document requirements.

FAQs