Category: Marriage

Prenuptial agreements in the United Arab Emirates are a well-thought-of concept and viable for those about to engage in the bond of matrimony. They are available for both Muslims and Non-Muslims, as long as they do not violate any UAE laws and principles. These agreements go within certain legal purviews which may be quite efficient in setting expectations and protecting individual rights before and during marriage.

I. Understanding Prenuptial Agreements
A pre-nuptial agreement is a legal contract wherein both the parties iron out precisely what each gets in the event of separation or divorce. Rights and responsibilities of husband and wife can be made quite explicit in advance with less controversy. The main purpose of a pre-nuptial agreement is to protect individual assets and interests that either party brings into the marriage, especially in cases where there are previous marriages, children, or significant disparities in financial position.

II. Rule of Law Relating to Prenuptial Agreements
Prenuptial agreements in the UAE are subject to a number of legal provisions within the following:

1. Federal Laws relating to Non-Muslims:
• Federal Decree-Law No. (41) of 2022: This is the law regulating civil personal status for Non-Muslims in the UAE. Article 6(2) of the decree addresses prenuptial agreements.
2. Abu Dhabi Specific Law:
• Law No. 14/2021: This has to do with personal status for Non-Muslim foreigners in Abu Dhabi, under the administration of the Abu Dhabi Judicial Department – ADJD. The law is very similar to the federal one, in that it too outlines the framework necessary when pre-nuptial agreements are concerned within the emirate.
In an applicative case, non-Muslim residents may further apply pre-nuptial agreements that had been registered in their country of origin, adding these to their UAE marriage registration.

III. Prenuptial Agreements: Scope and Content
Prenuptial agreements can be extremely specific or very general documents. They can include but are not limited to the following :
• Separation Terms: Conditions and procedures for asset division, spousal support, and financial responsibilities upon separation or divorce.
• During Marriage: Terms and conditions of financial management, obligations, and rights during marriage.
• Child Custody and Support: Plans for child custody, visitation rights, and child support.

IV. When to Consider a Prenuptial Agreement
The prenuptial agreement becomes more relevant in the following circumstances:
• Previous Marriages: to protect one’s assets and responsibilities from previous relationships.
• Income Disparity: where the level of income or wealth is substantially different between partners.
• Mixed Nationalities and Religions: to address issues over jurisdictions and potential legal misunderstandings.
• Asset Protection: to be able to actually divide and protect the assets in case of divorce.

V. Drafting and Registration of Prenuptial Agreements
1. Drafting:
• Representation by Counsel: Each party should retain his or her own counsel so that their interests will be duly protected, and the agreement will be fair as well as legally sound. Sometimes, couples use one mutual counsel to draft the agreement.
• Clarity and Detail: A well-drafted prenuptial agreement needs to be clear, so the language used should be easily understandable and comprehensible to the parties to it. Inclusion of duration of marriage and divorce possibilities.
2. Registration:
Abu Dhabi Judicial Department (ADJD): The pre-nuptial agreements can be easily registered through the ADJD. The department does give a standard template in the Arabic-English format for the prenuptial agreement against the payment of a fee amounting to AED 950.
• National Applicability: Such registration services that the ADJD offers stand available to all UAE residents but are not limited to those residing in Abu Dhabi. This therefore enables residents throughout the UAE to make use of ADJD’s services to legalize pre-nuptial agreements.

VI. How to Ensure a Prenuptial Agreement is Effective
For a prenuptial agreement to be effective:
• Clear Language: The agreement should be written in an easy and simple language so that when both parties understand it, they will not be stressed.
• Being Detailed and Specific : Not only the marriage terms but the divorce conditions also need to be attended to in detail.
Also, inclusion of summaries or tables can be done in order to summarize the terms of the agreement so that both parties are in an easier position to review and understand what terms and provisions are included.

VII. Conclusion
Prenuptial agreements in the UAE are an effective method of managing legal and financial expectations between two persons in contemplation of marriage. Prenuptial agreements, which are subject to Federal and Emirate-specific laws, take a very organized approach to asset protection and relationship management. Ensuring clarity and detail is observed and properly registered by the couple safeguards their interest and diminishes the potential conflicts; thus, making it a decent option for many.

New Family Law for Non-Muslims in the UAE
The UAE has issued a new family law that is targeted at non-Muslims. This step forms a development within the country’s legal setting. That stance is distinct from the UAE Personal Status Law, which follows Sharia principles and offers a different solution to meet the needs and expectations of non-Muslim residents. It was founded on the basis of equality, and thus both men and women shared equal rights and duties across its statutes. In this, the law encompassed areas like marriage, divorce, custody, and inheritance.

Marriages According to the New Family Law
The new law can legalize non-Muslim marriages through UAE local courts. Thereby, it takes into consideration all the various cultural and legal requirements. The striking features of the new framework involve pre-nuptial agreements between couples to set pre-conditions for their marriages, eventual divorce, and custody arrangements. Therein, couples may enjoy a degree of autonomy and some predictability of their futures in order to reduce possible disputes in the future.

Divorces and Custody under New Family Law
The new law has introduced a simplified divorce for non-Muslim spouses. Either party can unilaterally file for divorce without furnishing just and sufficient causes. Again, this shows the respect of the law for personal autonomy and privacy.

The law provides for equal custody over children under the age of 18 years by both parents in custody matters. In such joint custody, the best interest of the child would be considered in addition to the rights and responsibilities of the two parents.

Inheritance under New Family Law
On matters related to inheritance, the law sets a modern framework that is consistent with international standards. Non-Muslims are permitted to have registered wills, enabling them to decide how their properties are distributed. In the absence of a will, the law mandates equal sharing of the deceased’s estate on an equal basis and regardless of gender. This rather shows the fairness and equality that this law embodies in cases of inheritance.

Legal Framework and Implementation
It is part of Federal Decree Law No. 41 of 2022 on Civil Personal Status. Effective from February 1, 2023, the new family law represents another leap forward in service for the diversified population in the UAE. The UAE further underlines its commitment to inclusiveness and modernization in the presence of its laws.

Muslim marriages in the United Arab Emirates (“U.A.E.”) are available for those who are residents in the country.  Notably, it is enough for one of the parties to be a U.A.E. resident. 

A marriage is considered to be a Muslim marriage and, as such, subject to Shariah, if either: 1) both the bride and the groom are Muslim or 2) the groom is Muslim.

Importantly, under the Sharia, a Muslim woman cannot marry a non-Muslim man.  Therefore, if a non-Muslim man wishes to marry a Muslim woman in the U.A.E., the man has to convert in order for the marriage to be valid and registered in the U.A.E.

A number of requirements exist for parties to qualify for a Muslim marriage in the U.A.E. and for that marriage to be registered in the U.A.E.

1. First, both applicants must be at least 18 years old to marry, which is the legal age for marriage in the U.A.E.
2. Second, each applicant must submit a pre-martial medical certificate, issued by a qualified medical institution.
3. Third, there must be two (2) witnesses, preferably male witnesses.
4. Fourth, the bride must be represented by her male guardian, who is, usually, her father. In certain cases, however, a judge can act as an alternative guardian, when the default guardian is not available, physically or legally.
5. Also, wherever relevant, parties must present to the court previous divorce certificates or death certificate of a previous spouse.
6. In some cases, additional approvals and no-objection certificates may be required.

Muslims wishing to get married in the U.A.E. must register their marriage through the U.A.E. Courts.   In other words, Muslim marriages in the U.A.E. should be registered with the U.A.E. Courts to be officially recognized.  This can be done in one of three (3) ways.

Religion Ceremony.  The first option is, for those who wish to get married through a religiousceremony, to have their ceremony officiated by a court-authorized imam, otherwise known as the wedding officiator.  The ceremony can be conducted at the venue selected by the parties, for example, at home or at a hired place.  Prior to the ceremony, the parties must provide the imam with all of the relevant documents, including identification documents and medical certificates.  The imam will conduct the ceremony, in the presence of the witnesses and bride’s guardian, along with his approval.  After the ceremony, the imam will register the marriage with the U.A.E. Courts.  The result will be a marriage certificate, issued by the U.A.E. Courts.

Court Officiation.  The second option is to get married physically before the U.A.E. Courts.  This is done before any public notary, all of whom fall under umbrella of the U.A.E. Courts.  The parties, along with their witnesses and guardian, must visit one of the notary offices, without the need of an appointment.  They should have with them the relevant identification documents, as well as the medical certificate.  They will also need to fill out some additional documents before the notary.  Provided that all of the requirements are met, the resulting document will be a marriage certificate issued at the same time, notarized and registered with the U.A.E. authorities.

Online Application.  The third option for Muslims to get married in the U.A.E. is to do so online.  These days, courts in most emirates offer an online option to apply for a Muslim marriage.  A number of government apps and court websites exist, through which applicants can apply for a Muslim marriage.  In fact, most courts encourage applicants to, at the very least, start the marriage application online.  As in other cases, the same marriage requirements apply for the online option, such as identification documents, medical certificate, guardian and witnesses.  The Courts also hold hearings online, during which the parties, witnesses and guardian appear.  Importantly, all parties must be in the U.A.E. at the time of this online court appearance.  Provided that all requirements have been met, a marriage certificate will be issued shortly after the online appearance.

Noteworthy, purely religious Muslim marriages, those which take place at a mosque or before a regular imam, do not result in an official government marriage certificate.  As such, they are not recognized in most countries.

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