Legal Requirements for a Prenuptial Agreement Before Marriage in UAE

More couples are now resorting to prenuptial agreements in the UAE, especially expatriate couples. A UAE prenuptial agreement (which can also be called a “prenup”) is a legal agreement signed before marriage. It provides for monetary maintenance, property, and debts, post-divorce or legal separation, or death of either spouse.

This article will guide you on what you need to know about the legal requirement for a prenuptial agreement with your partner before marriage in the UAE.

A prenup is a signed agreement where two individuals enter into before they marry. It states who owns what, how assets are to be divided up if they split up, and what each individual is accountable for financially.

These prenups are practical because the UAE legal system incorporates a mix of legal systems—Sharia law, civil law, and international family law—and each couple’s situation is different, especially for expats.

Prenuptial agreements are valid in the UAE but only on certain conditions. The UAE Personal Status Law (Federal Law No. 28 of 2005) allows spouses to make financial agreements with each other including prenuptial agreements.

Moreover, Federal Decree-Law No. 41 of 2022 provides civil personal status for non-Muslims especially in Dubai and Abu Dhabi. This allows non-Muslim expatriates to come up with prenups that are in conformity with international norms.

To make a prenuptial agreement legal and enforceable in the UAE, the following must be fulfilled:

All parties to the contract must sign it of their own free will. A prenuptial agreement is not considered valid if its signing was coerced.

The prenuptial agreement must be in writing. The verbal agreement is not accepted in UAE courts.

All property, income, debts, and other assets of full financial disclosure must be provided by each partner. If either partner conceals any information, the agreement becomes invalid.

Age (18 years minimum) and mental fitness needs to be established by both partners within the UAE so as to validate the legal document.

The terms set out in the prenuptial agreement would need to be reasonable and respect UAE public order and morals. The courts do not entertain unfair agreements or ones with provisions that are manifestly one-sided.

Notary in the UAE or Dubai Courts Notary Public service would be advised to notarize these agreements.

For expatriates who sign abroad, they must follow this procedure:

• Get a stamp from the Ministry of Foreign Affairs of that country.
• Obtain authentication at the UAE Embassy in that country.
• Then, get it attested by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC).
• It also must be translated into Arabic with an official translation.
• Notarize the Arabic translation in the UAE.

The prenuptial agreement need not be filed with the court; however, we encourage this step because doing so will afford it greater legal standing and will prove easier to enforce at a later date.

1. For Muslim Couples

Married Muslim couples, including those who are expatriates, are governed by Sharia-based personal status laws. Their prenups may include things such as mahr and maintenance, but in the case of divorce, the UAE courts will still apply Sharia law.

2. For Non-Muslim Couples

Non-Muslim residents can refer to civil personal status law as provided for in Federal Decree Law No. 41 of 2022. They are also able to come up with prenups that are similar to those in Western countries. Non-Muslims should state in the contract what jurisdiction’s law will govern their marriage and any provision for separation.

It is best to have the prenup signed before the wedding – at least a week or a month in advance. This way there is enough time to discuss, seek legal advice and not rush into signing the prenup.

The pre-wedding signing may result in future difficulties most especially in case one party was coerced or did not comprehend the terms of the contract.

A prenuptial agreement in the UAE can include:

• Division of property and money
• Sharing of debts
• Spousal support (alimony)
• Business ownership and management
• Inheritance rights
• Rules about jointly owned property
• Support for children from earlier relationships

It is important to note that UAE law does not allow an agreement on child custody in a prenuptial arrangement. Therefore, custody of a child is ultimately to be determined by the courts in accordance with the best interests of the child.

Hiring a lawyer is not necessary but it is highly advisable. A family lawyer in the UAE will make sure that the agreement is reasonable, well written and legal. This will go a long way in preventing complications if the agreement is contested in court.

Getting a prenuptial agreement in the UAE is a good idea for couples who wish to secure their financial future. It is therefore crucial for UAE nationals or expatriates to observe the legal requirements for a prenup in order to prevent future conflicts and to have peace of mind.

The Dubai Court Marriage offers professional assistance with UAE marriage procedures and prenuptial agreements. Our marriage lawyers understand both Sharia law and civil law, making sure your prenup meets all legal standards. We assist with:

• Drafting and reviewing agreements
• Legal translation and notarization
• Registration of prenuptial agreements

Do you need assistance with your prenuptial agreement in Dubai or the UAE? Dubai Court Marriage offers expert advice and support tailored to your needs. Contact us today.

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