Guidance

Family law in Egypt

Published 18 April 2023

Marriage

By law, marriage in Egypt is a contract concluded by mutually consenting parties of marriageable age. It is a legally recognised contract between a man and a woman.

Essential conditions for a marriage contract include mutual consent of both parties, announcement of the marriage, signature of 2 witnesses and registration of the marriage contract.

Since the marriage contract is a civil contract, the parties may agree to include conditions that they deem necessary for their relationship. Some must be agreed for the contract to be valid such as the dowry (the ‘Mahr’) and any others, are optional. This offers an opportunity for women to prevent abuse of their rights. These may include the wife’s right to pronounce herself divorced, which is a right that is automatically vested on the husband if not agreed otherwise. This will give the wife the right to divorce herself if the husband marries a second wife. Other rights that can be agreed on are the right to work and the right to humane treatment.

The dowry is paid to the future wife in the form of money or asset. Upon entering into marriage, a groom must pay the bride an advance portion of the dowry (the ‘Muqaddam’) before the consummation of the marriage. The remaining portion of the dowry (the deferred dowry or ‘Mu’akhar’) is payable upon divorce or the husband’s death.

Who can marry

The legal age for marriage in Egypt is 18.

Polygamy

A man is allowed to marry up to 4 wives at any one time, according to the Egyptian law. The husband must inform his previous wife and the future wife.

In 2000, a law was passed that permits a man and a woman to agree through a signed contract that the husband may not have more than one wife.

Mixed marriage

A mixed marriage between an Egyptian and a foreigner is allowed under the Egyptian law.

The only legal marriage for foreigners in Egypt is a civil ceremony performed at the Civil Marriage Registry Office in Cairo or Alexandria. If you want a religious ceremony, you may arrange for one separately, but it is the civil ceremony that establishes the legal marriage.

‘Orfi’ marriage means that a man and a woman simply agree to be married, neither giving nor receiving any legal rights. The man proposes and the woman accepts his proposal in front of a minimum of 2 witnesses. It is an unofficial and non-registered marriage and therefore the relationship does not provide any legal protection.

A marriage cannot be registered in the registry office without a civil marriage contract.

Read more information on civil marriage procedures in Egypt.

Interfaith marriage

The recognised religions in Egypt are Islam, Judaism and Christianity.

Interfaith marriages are allowed except when the bride is Muslim and the groom has a different faith.

According to the Egyptian law, a Muslim man can marry a woman who is Muslim, Christian or Jewish. A Muslim woman can only marry a man who is Muslim.

Proof of marriage

The Egyptian Civil Marriage Registry Office conducts the marriage, registers it and issues a copy of the marriage contract to the husband and wife.

Validity of marriages registered in Egypt

Although the marriages registered under the Egyptian law are generally valid in the UK, this is a matter for the British courts to decide on. For further advice, consult a UK solicitor.

Child affiliation

Child affiliation (legal establishment of paternity) is established by valid marriage, the recognition of paternity, apparent (living together) or flawed (problematic) marriage and any marriage cancelled after consummation.

All newborn babies must be registered within 15 days from the date of birth, using the form provided for this, to the health office located in the area where the birth took place.

Required documents:

• valid and legally certified marriage or divorce document
• birth notification by the hospital or any medical facility
• death certificate in case the father is deceased

If the baby is born at home, report to the nearest health office to issue the birth notification.

These people can request a birth certificate:

• father

• mother (with father’s National Identity card)
• an adult sibling of the father (with father’s National Identity card)
• paternal grandfather/grandmother (with father’s National Identity card)

Dissolution of marriage or divorce

Divorce is a means of terminating the marriage contract and can take one of 3 forms:

• irrevocable divorce: the dissolution of marriage is effective as soon as the divorce happens
• revocable divorce: the marriage is not dissolved until the lapse of the ‘Idda’, which is is a time period after the death or divorce of her husband when a woman cannot marry another man. During ‘Idda’ the husband may reinstate the wife without her consent and without having to conclude a new marriage contract
• ‘Khule’: a unilateral means that allows the woman to dissolve the marriage union by agreeing to repay her dowry to the husband or something else that she received from him

By law the husband who divorces his wife without her knowledge, has to notarise the divorce before the Muslim religion registrar ‘Ma’zoun’ within 30 days from the date of divorce. The “Ma’zoun” in turn is required to notify her through a process-server and to deliver a copy of the divorce certificate to her or her lawyer.

Consequences of divorce

Financial support

The wife has the right to seek financial support/alimony called ‘Idda’ for one year. If wife was divorced without her consent, she is entitled to alimony called ‘Mut’a’ besides ‘Idda’, which is equal to ‘Idda’ for at least 2 years. Mut’a is a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner.

The wife is also entitled to the deferred dowry, which was agreed in the marriage contract and is paid at the time of the divorce or husband’s death.

The children will be provided for financially by their father:

• for a daughter: until she gets married or is able to earn a living
• for a son: until he is 15 years old and is able to earn a living

If for any reason, the son is unable to earn such living, the father will continue to provide for him.

Child’s right to housing

The father shall provide maintenance for suitable habitation for his children.

Legal representation and guardianship of children

Under the Egyptian Personal Status law, although the father is considered the legal guardian of his children, the mother has the right to custody of both male and female children until the age of 15 (‘hadana’). After this age, the court shall give the child the choice whether or not to remain with the custodian without a custody pay (financial support by the father) until attaining legal age, for a son or until marriage for a daughter.

Each parent has the right to see the children. The paternal and maternal grandparents have the same right in case the parents are absent.

In the absence of amicable agreement between the parents on seeing the children, the court shall organise that, providing that it take place without causing psychological harm to the child.

The right to custody of children shall be established first for their mother, then for their female relatives, if there is a strong reason for the mother not to be qualified as a custodian. The priority shall be given to the mother’s female relatives over the father’s female relatives.

Child leaving Egypt

Either parent can apply to the Egyptian courts to have a travel ban put on the child from leaving the country if:

• there is an ongoing court case about the child, or
• either parent fears that the other parent intends to abduct the child overseas

If there is a travel ban in place, both parents will be stopped at the airport and prevented from leaving the country with the child.

Inheritance

Regardless of familial relationship, non-Muslims cannot inherit from Muslims. A man inherits double the share of a female.

A wife inherits one-eighth of her husband’s estate if they have children and one-quarter if they are childless.

A daughter inherits half of either parent’s estate if she is an only child. If there is more than one daughter, they inherit two thirds of the estate.

Wills

A will can be written to redistribute up to one third of the entire asset to another person(s) of the owner’s choice. This would be the basis that such person(s) is not a natural heir and is not already accounted for by law outside of the will. Exceeding one third of the assets is only possible if the heirs agree to it.

There is a number of provisions for the will to be applied. Consult a lawyer for further advice.

Remarriage

There is a 3-month waiting period after a woman gets divorced, before she can remarry. If widowed, she will need to wait for 4 months and 10 day. There is no waiting period for a man to remarry after divorce.

Disclaimer

The British Embassy in Egypt provides this information for the convenience of British Nationals as a general guide only. Neither the FCDO nor any of its employees can provide any guarantees, conditions or warranties as to the accuracy of the information. We do not accept any liability for any loss, costs, damage or expense, which you might suffer because of relying on the information supplied. It is not a substitute for obtaining your own legal advice.