My partner and I want to enter into a marriage contract between us that separates our property and stipulates that each person is responsible for their own debts. Will this be valid in the United Arab Emirates? One way to reduce the likelihood of this would be to ensure that UAE legislation is followed with the agreement. Common sense would also help. Article 1(2) of the Civil Status Act states that it would apply to all citizens of the United Arab Emirates, unless non-Muslims have special laws applicable to their community or faith. A reading of Articles 5 and 1(2) also specifies that marriage contracts between foreigners residing, domiciled or employed in the United Arab Emirates are enforceable before the courts. Yes, but it is not recommended. A marriage contract in the UAE can be very difficult to enforce unless the correct language is used in the document. If you really want to design your own prenup, you should at least ask a marriage lawyer in the UAE to review the agreement before signing it to make sure your agreement has the right language and that all important information is added. It is necessary to distinguish between an expatriate of the Muslim faith who wants to enforce a marriage contract: (a) in the context of divorce proceedings taking place in the United Arab Emirates; and (b) once the divorce has been completed outside the United Arab Emirates. Prenups and postnups will prove essential for those entering into marriage with assets or large estates. A contract before or after marriage will help protect a spouse`s prenuptial property, as income and property become community property in a marriage. A marriage contract is concluded by couples after the conclusion of the marriage for the same purpose for which a marriage contract is signed.
Therefore, it turns out that a marriage contract that the spouses entered into before the marriage can be very beneficial in terms of problems that may arise after the separation. Matters relating to finances, maintenance, alimony and custody of children, etc. may be agreed by the party before entering into marriage through such an agreement. It is also beneficial for couples whose assets are outside the UAE, as they can decide together and determine the distribution of their wealth according to their wishes and not according to the personal laws of the state. Marriage contracts are a common practice today, as more and more people are choosing this legal method. There are two ways to do this; one is a “marriage contract” and the other a “marriage contract”. The marriage contract is concluded before the marriage and the marriage contract after the marriage, and both aim to conclude a binding agreement to protect the property in case of future divorce. The Civil Status Act of the United Arab Emirates is derived from the principles of Sharia law; It therefore does not include the concept of a matrimonial contract before and after marriage. Therefore, the country does not have a specific law that regulates marriage contracts signed by the parties. However, it must be interpreted in civil law, like any other contract signed in the country. However, it is of the utmost importance to exercise due diligence in drafting such an agreement, as any provision contrary to Sharia law will result in the nullity of the contract.
Earlier prenuptial agreements were seen as an incentive for the less wealthy spouse to destroy the marriage for profit, and therefore society was strongly discouraged and despised by the courts. But with the increase in the potential for equal financial gain of men and women, it has served as an effective legal tool to avoid the legal problems associated with the breakdown of a marriage that is a personal matter. For Muslims, the principles of Islamic Sharia apply and are accordingly in case of divorce, and personal property is treated in such a way that all real estate acquired by the spouses, before or during the marriage, remains the exclusive property of that spouse. However, Sharia law also recognizes marriage contracts, and through them, a post-marriage contract can be concluded between the spouses, provided that the terms of the contract do not contradict the principles of Islamic Sharia. For divorces initiated in the UAE, the above provisions apply to Muslims who are citizens or residents of the UAE. Marriage contracts are agreements made by couples before their marriage to determine their legal rights and obligations in a variety of financial matters such as the division of assets or debts, ownership of property and capital, inheritance of property, maintenance of the spouse in the event of dissolution of the marriage. Prenuptial agreements do not have a standard format and can be customized at will. Notwithstanding the foregoing, each contract must contain certain elements for its application, including the voluntary intention to sign the contract, full disclosure of information, fair distribution and realistic or achievable terms.
In the United Arab Emirates, the treatment of marriage contracts is based on several factors such as the religion of the spouses and their jurisdiction. It is important that couples who prefer to enter into a marriage or post-marriage contract are aware of the validity and recognition of such agreements in the applicable jurisdiction if they decide to file for divorce, the fact that these contracts vary from country to country. For example, marriage contracts were not enforceable in England and Wales until 2010, when the Supreme Court authenticated such contracts in the famous Radmacher V Granatino case, as long as these agreements did not contain unfair terms. On the contrary, countries like India and the United Arab Emirates (UAE) do not have explicit laws governing marital or post-marital agreements, and the validity of these contracts must be interpreted under treaty law. This article explains the applicability and recognition of marriage and post-marriage contracts within the UAE legal framework. .