Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name is Tim Elliott. And as always, our expert is the Managing Partner of the Dubai-based legal firm, Yamalova & Plewka, here in Dubai. It’s Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to be here with you, Tim, as always.
Tim Elliott
This episode of Lawgical is everything you need to know about the new laws in the UAE regarding prenuptial agreements. First of all, Ludmila, prenuptial agreements are available in the Emirates, of course. It’s fine to get one done.
Ludmila Yamalova
Indeed, and they’re not only available but also fairly common. They’re available for both Muslims and non-Muslims, without discrimination. As long as prenuptial agreements don’t contradict UAE laws and regulations, they are valid.
For example, even under Sharia law, prenuptial agreements are expressly provided for and form part of the marriage contract. So yes, prenuptial agreements in the UAE are very common and highly advisable for many couples, given the complexities often encountered in their lives here.
Tim Elliott
Let’s go back a little and outline for anyone who’s heard the term but isn’t sure how prenups work. What is a prenuptial agreement, anyway?
Ludmila Yamalova
A prenuptial agreement is just like any other contract. It’s an agreement between a couple setting out the terms of their relationship. As long as the terms don’t contradict UAE laws or regulations, the couple has full freedom of contract.
Most often, these agreements are designed to protect each party’s interests and assets they bring into the marriage. Prenuptial agreements are particularly common for individuals with prior marriages, children, or obligations from previous relationships.
They can also address jurisdictional matters, such as pre-selecting a choice of law or forum in advance. For example, couples can decide which country’s laws will govern the agreement or where it will be enforced.
Tim Elliott
That’s helpful. Who benefits most from prenuptial agreements?
Ludmila Yamalova
Prenups are especially beneficial for couples where it’s not their first marriage or when there’s a disparity in financial standing.
For instance, if one party has significant assets or children from a previous marriage, a prenuptial agreement can safeguard those interests and reduce potential disputes. Conversely, for young couples on equal footing, just starting out and building everything together, prenups might be less relevant.
Tim Elliott
That makes sense. Let’s dive into the laws that provide for prenuptial agreements, especially for foreigners.
Ludmila Yamalova
For non-Muslim residents, prenuptial agreements are specifically provided for in two laws:
- Federal Decree Law No. 41 of 2022 on Civil Personal Status for Non-Muslims (Article 6.2).
- Abu Dhabi Law No. 14 of 2021 on Personal Status for Non-Muslims.
The Abu Dhabi law was introduced first and served as a model for the federal law, which extended similar provisions across the UAE. Notably, couples don’t need to be Abu Dhabi residents to register a prenuptial agreement there. Even non-UAE residents can use Abu Dhabi’s system through the Abu Dhabi Judicial Department (ADJD).
Additionally, prenuptial agreements from abroad can also be enforced in the UAE, provided they comply with UAE laws and don’t contradict local culture or regulations.
Tim Elliott
What about the scope of prenuptial agreements? What can and often is included?
Ludmila Yamalova
The scope can be as broad or specific as the couple desires. Prenuptial agreements can cover:
- Terms of the marriage itself, such as living arrangements or financial contributions.
- Asset protection, including property brought into the marriage.
- Provisions for separation or divorce, such as child custody, alimony, and asset division.
In some cases, couples also use prenups to outline decisions about children, such as nationality, upbringing, or education. These agreements can even detail lifestyle preferences, like how living expenses are handled or whether one party has access to independent funds.
Tim Elliott
When should couples consider arranging a prenuptial agreement?
Ludmila Yamalova
Prenuptial agreements are particularly relevant for:
- Couples with significant differences in financial standing.
- Individuals entering second or subsequent marriages.
- Mixed-nationality couples with different legal, cultural, or religious backgrounds.
- Couples with children from previous marriages or significant assets to protect.
Prenups can also serve as a roadmap for the marriage, ensuring both parties are aligned on critical issues like finances and family planning.
Tim Elliott
How does the drafting process work? Is it done jointly, or does each party work independently?
Ludmila Yamalova
It depends. Ideally, both parties should be represented by legal counsel to ensure the agreement is fair and enforceable. However, couples often prefer working with a single lawyer in a collaborative setting, especially when they’re entering the marriage on good terms.
In this approach, the lawyer acts as a neutral facilitator, drafting the agreement while addressing both parties’ concerns. For more complex cases, where significant assets or obligations are involved, each party might engage their own lawyer to negotiate terms independently.
Tim Elliott
Once the agreement is finalized, where and how is it registered?
Ludmila Yamalova
The best place to register a prenuptial agreement in the UAE is with the Abu Dhabi Judicial Department (ADJD). Abu Dhabi was the first emirate to introduce civil marriages and prenuptial agreements, and its system is efficient and reliable.
The process involves:
- Drafting the agreement and translating it into Arabic.
- Submitting it along with the civil marriage application on the ADJD website.
- Paying a nominal fee for registration.
Even if the agreement is registered in Abu Dhabi, it can be enforced across the UAE.
Tim Elliott
What makes a prenuptial agreement effective?
Ludmila Yamalova
An effective prenuptial agreement should:
- Use clear, simple language that both parties can understand.
- Be detailed and specific, addressing all relevant issues.
- Cover terms during the marriage as well as provisions for potential separation.
Including tables or summaries can also make the document more user-friendly and easier to enforce.
Tim Elliott
That’s Lawgical—prenups in the UAE. Thank you for listening or watching. And thanks to our legal expert, Managing Partner at Yamalova & Plewka, Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim. Always a pleasure.
Tim Elliott
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