Prenuptial agreements are also commonly referred to as prenups, antenuptial agreements, and premarital agreements. They contain terms which are set by couples with regards to family and marriage affairs. This includes shared belongings and liabilities, separate assets and debts, and spousal funding or maintenance.
Are prenuptial agreements recognized by UAE law?
Prenuptial agreements aren’t valid in UAE. Under Personal Status Law in UAE Article 62/1, each party will retain ownership of individual property even after divorce.
That being said, expatriates living in the country would still be better off creating prenuptial agreements. This is because it is one of your rights to choose to apply the laws in your home country with the UAE First Instance Court. This is under Personal Status Law of UAE Article (no 28) of 2005.
How can I make a prenuptial agreement enforceable?
There are several things which can impact a prenuptial agreement’s enforceability. We’ve listed below the most vital elements, which you should do accurately with the legal drafting of your prenup in UAE.
- Complete economic disclosure – legal drafting in UAE for a prenuptial agreement entails making a disclosure on all the properties, sources of income, debts, and the accountabilities of each contracting party. Details should be given as well on each of their standard monetary value. Failure in leaving exact and complete information can negatively affect a prenup’s legitimacy and enforceability in UAE with the First Instance Court.
- Legality as per relevant legislation – although couples are allowed in creating prenuptial agreements, they’re still required in following the family, marriage, and divorce legislation of their home countries. It is advised to seek the guidance of an experienced family lawyer in UAE in the matter. Consulting with a seasoned family attorney in Dubai or anywhere in UAE can also help fulfill legal requirements for enforcing your prenup.
- Spend enough time with the legal drafting – a prenuptial agreement is created based on mutual agreement between a couple getting married. It is a requirement for both contracting parties to a prenuptial agreement to take ample time in getting legal advance, making a financial disclosure, and evaluating all the paperwork including the prenuptial agreement itself prior to signing it. The court considers the amount of time that is spent in making a prenuptial agreement. Should it find that it was made in a rush or hurriedly, it is likely that it will be labeled as non-enforceable or invalid.
- No external pressure or influence – just liken all other agreements or contracts in UAE, prenuptial agreements can’t be singed under external pressure, influence, or intimidation. This means that both contracting parties are to sign willingly and liberally. Otherwise, a prenup will be considered as null and void.
When is a prenuptial agreement in UAE invalid in UAE?
There are lots of factors, which couples need to be aware of when creating prenuptial agreements, most especially the ones that make prenuptial agreements invalid. Avoid the following during legal drafting in UAE for a prenuptial agreement:
- Oral agreements
- Partial and/or incorrect information
- Making a contract following marriage or a date that is close to the actual wedding date
- Non-disclosure of all relevant properties and debts for both sides
- No liberated and lawful counsel
- Clauses that are biased to a single party to a contract
- Illegal clauses, terms, and conditions based on applied or relevant legislation
- Intimidation or pressure during the creating of the contract
Does any law permit terms for child custody on a prenuptial agreement?
Usually, prenuptial agreements don’t cover child custody or even child support. This is because matters related to children during divorce or legal separation of the parents are to be left for the local courts to decide. Even when there are terms related to child custody or support on a prenuptial agreement, there is a high probability for the court to uphold its right in changing or ignoring the terms altogether.
At any moment, the local courts have the power and authority in changing the amount for child support and to make decisions with the best interests of children in mind. When a judicial authority thinks that the conditions set on a prenuptial agreement are in favor to a child’s best interests, provisions may be enforced in court. However, the court is not liable in following terms and conditions which are set on the prenuptial agreement with regards to child custody and child support.
Legal drafting in UAE for a prenuptial agreement is a very thoughtful process. There’s also no turning back following the signing of a prenuptial agreement. It’s important to take the time in creating one and make the correct decisions not only for you but also your future children, which are likely to affect them.
Consult with seasoned lawyers and legal consultants in Dubai like HHS Lawyers in Dubai today!