Is a prenuptial agreement valid in the UAE?
A prenuptial agreement, or prenup, is an agreement between a couple that stipulates conditions such as division of assets, alimony, child custody, and bifurcation of finances during their divorce or death. Marriage Contract in the Dubai, UAE are not the standard. If you want to draft or enforce a prenup, you need experts in UAE law. At this stage, the family lawyers of BR Law Firm ( Office Of Hassan Tamim Advocates ) step in. BR Law Firm is well-experienced in matters relating to family law, such as prenuptial agreements. Our family lawyers have deep knowledge and field experience in prenuptial agreements in the divorce or death of spouses in the UAE.
In the UAE, prenuptial agreements are complex. We will attempt a simple explanation. Here’s the thing: UAE law does not recognize prenuptial agreements. However, this statement applies only to Muslim citizens and expats residing in the UAE. If you are a Muslim and have drafted a prenuptial agreement, it cannot be legally enforced by UAE courts. UAE courts follow Islamic Shari’a laws. Shari’a laws state that properties/finances that a couple brings into/acquires on their own before or during their marriage are owned by them outright. If Muslim couples still wish to have a contract for the division of assets/finances (not child custody), they can add these terms to their marriage contracts. Post-nuptial agreements also stand invalid as the terms of the marriage contract supersede any pre-existing legal agreements.
The above does not hold for non-Muslim expats. Non-Muslim expat couples can choose which law applies to their divorce: UAE’s or their home country’s. If they choose the law of their home country, the UAE courts will follow the divorce laws of that country. If that country enforces prenuptial agreements for the division of assets, finances, alimony, etc, it may be upheld by UAE courts. However, if the prenuptial agreement has conditions for child custody, that alone will not be applicable.
As you may have understood, the legal complexities of enforcing prenuptial agreements in the UAE can be confusing. It is advisable to hand over your concerns to competent family lawyers. BR Law Firm’s family lawyers have ample knowledge of prenuptial agreements and will competently manage your divorce and prenuptial agreements.
Want to file divorce and prenuptial agreements.? Call us at +971 54 454 3909 , or email your inquiry to info@brlawfirm.ae.
