What is a special power of attorney and why is it used for?
Marriage rules in the UAE, require you to register your marriage in the Dubai Courts. This also involves the presence of 2 witnesses and the bride’s father. A special power of attorney for marriage in the UAE is an important legal document for conducting the marriage in the UAE. this document authorizes another person to act on behalf of the bride’s father or legal guardian of a female to provide the acceptance for the marriage of the bride in front of the UAE courts.
In a situation, when the bride’s father is not able to present physically for the marriage of his daughter because he is staying outside the UAE, then this special power of attorney for marriage must be prepared without fail for the marriage to get executed in the UAE. Any male person who is above 21yrs of age can be appointed as an attorney in a marriage power of attorney. A close relative if the bride or a trustworthy person is generally appointed for a marriage power of attorney.
Steps for obtaining a special power of attorney or marriage
There is a procedure to obtain the special power of attorney for marriage. The stepwise procedure for the same has been explained below.
- Understanding what is a power of attorney and how it works?
The power of attorney, regardless of its type, gives another person/entity to act on the principal’s behalf. The person receiving the authority is termed as the agent. If a special power of attorney is made by the principal for his wife or sister, then the wife or sister appointed to act on behalf of the principal are called the agents in a situation when the principal is indisposed or not available.
The rights that are supposed to be given to the agent have to be detailed. Since this special power of attorney is going to be valid in the UAE, the same should be more specific and to the point to this region instead of making it broader. The scope of the power of attorney in terms of its validity and the date on which it starts becoming effecting is entirely dependent on what the principal decides however, its best to take a piece of expert legal advice while drafting a power of attorney as that gives the principal a bit of security and he/she plays a safe game.
- Deciding the relevant parties
The next step is to decide the relevant people to whom the decided authority can be given in the absence of the principal. Once it is clear that who is going to be the agent, the same needs to be discussed with the agent. The major and the minor points of your intention and the purpose of doing so need to be discussed with the agent as to why it’s being done and what would be the scope of his powers with the assigned power of attorney.
- Meeting the lawyer
The laws governing the legalities of the special power of attorney vary across the world. This is the reason why one must consult a lawyer in the UAE for drafting a special power of attorney. This ensures that the document defines exactly what the principal needs and hence protects the need and the interest of both the principal and the agent. The lawyer will help in drafting the power of attorney that mentions the scope of the rights of the agent and also ensures that the review for the rights granted by the document has been mentioned in the document. Notary Public Dubai can help you in drafting all sorts of legal documents including special power of attorney.
- Creation of the special power of attorney
This step involves drafting the actual special power of attorney on papers. The rights and scope of authority discussed above need to be put in actual words in the document. A qualified lawyer can help in drafting the document in a very professional way. The document must mention the scope of the work of the agent as well as the situations in which the document will stand invalid in the UAE.
- Meeting with the notary public for obtaining the special power of attorney attested
The last step in forming a special power of attorney is to meet the notary public for obtaining the power of attorney notarized by the notary public. This ensures the execution of the special power of attorney. In this procedure, all the relevant parties i.e. the principal, the agent, and the witnesses must be present to sign the document. They should be present along with their ID proof. To make the document legally binding, it has to be signed by the Notary Public in the UAE.
You should know: How To Get A Special Power Of Attorney (SPA) In Dubai
If the notary himself is a party to the special power of attorney, he can not carry out the process of document notarization.
The above steps are the main steps in obtaining the special power of attorney. For more information on the detailed procedure of legalizing the special power of attorney for marriages in the UAE, Notary Public Dubai can help you with the same. We have an experienced team of lawyers who will help you with all the work related to the special power of attorney.