Understand more about Arab marriage in this article, in addition to the characteristics of each country and how the differences are compared to Brazil.
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Author: Gustavo Tenório Campos Semaan
How an Arab marriage works
Arab marriage legally is governed by the laws of the country in which it is celebrated. In some Arab countries, civil marriage is obligatory and must be registered in a registry office, while in others, religious celebration is sufficient.
In general, the bride and groom must present documents such as an identity card, birth certificate, and proof of residence to perform the civil marriage. In addition, depending on the country and local laws, the bride and groom may be required to undergo medical examinations before the celebration.
In the case of religious marriage, the process may vary according to religion and local traditions. In some cases, a religious representative must be present at the ceremony to validate the wedding, while in others it is sufficient for the bride and groom to draw up a marriage contract and have it registered in a registry office.
Regardless of the type of marriage, the bride and groom must understand the local laws and requirements to avoid future problems. Therefore, It is recommended to seek information and guidance from local authorities or professionals specializing in matrimonial law.
How it works and the requirements for the marriage of Brazilians with people of other nationalities
When a Brazilian citizen wishes to marry a person of another nationality, including an Arab person, it is necessary to observe the laws and legal requirements of both countries.
The process may vary depending on the laws of the Arab country in question, but in general, the marriage to a Brazilian will follow the same laws and requirements as other foreign marriages.
To legally get married in Brazil, it is necessary that one of the fiancés is Brazilian or that both are residents of the country. The bride and groom must present documents such as an identity card, birth certificate, and proof of residence to perform the civil marriage.
If the groom or bride is a foreigner, it is necessary to present valid identification documents and prove the regularity of his or her migration status.
In the Arab country in question, it is necessary to check the laws and requirements for foreign marriage.
It’s generally necessary to present documents such as a passport, birth certificate, and marital status, as well as to respect local laws regarding the minimum age for marriage and the requirement of a legal representative or guardian in the case of minors.
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What are a woman’s rights when she celebrates marriage with people of Arab origin outside of Brazil
A woman’s rights in an Arab marriage may vary depending on the laws of the country in question and local traditions.
In some Arab countries, women have similar rights to men regarding marriage and family, while in others, the laws may be more restrictive.
Overall, many Arab countries follow Islamic law, which establishes rights and duties for both spouses. For example, women have the right to receive a dowry from their husbands, which can be a payment in cash or material goods, and to have their livelihood guaranteed by their husbands during the marriage.
In addition, Islamic law also establishes a woman’s right to divorce in some circumstances, such as in cases of abuse or neglect by her husband.
However, in some Arab countries, laws may limit or restrict a woman’s right to divorce.
It’s important to note that laws and traditions can vary greatly between Arab countries and that the situation of women in Arab marriages can be affected by cultural, social, and religious factors.
Therefore, it’s recommended to seek information and guidance from local authorities or professionals who specialize in women’s rights and marriage.
Difference between getting married in Brazil and getting married in an Arab country
In Brazil, civil marriage is governed by specific laws and performed in registry offices, while in Arab countries, marriage laws may be influenced by the predominant religion, such as Islam.
In Brazil, civil marriage is mandatory for the union to be legally recognized and can be performed in civil registry offices or places chosen by the bride and groom.
In Arab countries, marriage can be performed according to both civil and religious laws, and in some cases, the couple must follow a specific religious ceremony for the marriage to be legally recognized.
In addition, the minimum age for marriage can vary between Arab countries and can be different from the minimum age required in Brazil, which is 18.
In some Arab countries, the minimum age can be lower, with permission from parents or legal guardians, for example.
Another important difference is that in some Arab countries, polygamy is allowed, while in Brazil it is forbidden by law.
In cases of marriage with foreigners, Arab countries may require specific documents, such as proof of residence or criminal record certificates, for example.
Recognition in Brazil of legal marriages celebrated with minors abroad
As seen above, in some Arab countries, marriage with minors under the age of 18 is legally celebrated. In some of these countries, the laws allow minors to marry with the permission of their parents or legal guardians.
Should any foreigner wish to recognize this type of marriage in Brazil, he/she should be aware that Brazil does not recognize marriages celebrated with minors, including those celebrated in Arab countries.
In Brazil, the minimum age for marriage is 18, and judicial authorization is required in cases of minors between the ages of 16 and 18.
The recognition of foreign marriages in Brazil is subject to Brazilian laws, and therefore a marriage celebrated in an Arab country with minors will not be legally recognized in Brazil.
What the process of divorce and separation of property looks like
The process of divorce and separation of property in marriages celebrated in Arab countries with one of the persons being Brazilian, depends on the laws of the country where the marriage was celebrated, as well as on Brazilian laws.
If the marriage was celebrated in Brazil, divorce and separation of assets will follow Brazilian laws, which determine that the process must be carried out before a judge, and may be amicable or litigious, depending on the agreement between the parties.
In the case of separation of assets, the assets acquired during the marriage will be divided according to the rules of partial or total communion of assets, as provided by Brazilian law.
However, if the marriage was celebrated in an Arab country, the process of divorce and separation of assets will depend on the laws of that country and Brazilian law. It is necessary to evaluate the terms of the marriage, the laws of the country where it was celebrated, and the Brazilian laws to determine how the division of assets and the divorce proceedings will be handled.
In certain Arab countries, in cases of division of property, the woman would not be entitled to it. In others, she may be entitled to part or half of them.
In general, in Arab marriages, it is common to establish the separation of property, in which each spouse keeps his/her property and there is no communion of property acquired during the marriage.
However, it is important to note that this can vary according to the laws of the country where the marriage was celebrated and the agreement between the parties.
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