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prenuptial agreements

Top Tips for Prenuptial Agreements in UAE 

Even though some couples are reluctant in bringing up the topic of prenuptial agreements in Dubai, UAE, they are great in handling complexities of modern partnerships. Across the United Arab Emirates, the average age for marriage has risen. People also marry, then remarry with kids from previous relationships. A prenuptial agreement in the UAE helps couples in deciding what property and assets to keep separated and to comingle.

Before having your court marriage in Dubai, here are some of the important do’s and don’ts for creating prenups:

Do: Consider the family dynamics. 

Today, more people are redefining the dynamics of families in ways which speak to the richness and diversity of UAE’s population. Prenuptial agreements help ease future concerns of families. A prenup will prove to be necessary if these situations apply to you:

  • You have an interest or ownership in a business
  • You have been previously married and have had kids from the previous marriage
  • You want to allocate specific assets for the children that was from a previous marriage
  • You are concerned regarding past and/or future alimony
  • You expect to get an inheritance 

Don’t: Hold back on putting your needs at the table. 

You should never be scared in speaking up, most definitely when it will be your future affairs which will be affected. Even when you think one request is silly, speak up. Ask for exactly what you want. A prenuptial agreement in Dubai can help determine even the ownership of pet animals. You can even include terms for who will get the sentimental items that are special not only to you but your partner as well.

Whatever it is that you are concerned about, decide on the matters while your relationship is still going well. This is sure to help in avoiding unnecessary stress and headaches should a divorce or separation happens in the future.

Do: Hire a marriage attorney. 

As you put in the effort and hard work in order to avoid confusion down the line, you should not throw it away by skipping the drafting of a prenup. A prenuptial agreement has to be drafted in legal language. This is why it’s important to know the basic contractual laws with the help of a marriage attorney in the UAE. Before your court marriage in Dubai, have your marriage attorney help sort out the agreement. Have it put in writing and notarized by a public notary.

Read also: How to Hire the Best Prenup Lawyer in Dubai?

Don’t: Ignore the need for hiring experienced attorneys. 

A prenuptial agreement attorney can make sure the legal document meets the required conditions to be legal and enforceable. Laws surrounding marriage contracts vary depending on a couple’s nationality, religion and other factors. There are, however, some conditions which courts require consistency.

For instance, the contracting parties to a prenuptial agreement in Dubai are to disclose all assets that are in their position, including financial obligations. Both spouses are also to set time in reviewing the document prior to signing and before the actual court marriage in Dubai. The courts require each party in obtaining sufficient legal advice before the signing of the prenuptial agreement.

It is possible to conduct some research as a couple or on your own. However, a prenuptial agreement attorney or marriage lawyer in Dubai can make the entire process of getting married much simpler. Experienced legal advocates have the knowledge regarding state laws, proving them to be invaluable resources. They can assist in drafting the agreement while helping ensure it meets state requirements.

Pros and cons of having a valid prenuptial agreement in the UAE

Advantages of prenuptial agreements are as follows:

  • A prenup can protect inheritance rights of the children and grandchildren that are from a past marriage.
  • If a spouse has more debt, the premarital or prenuptial agreement can protect a debt-free spouse from assuming the other spouse’s obligations.
  • A prenup can protect an older person’s financial interests, particularly the one who will enter a subsequent marriage.
  • If you have a business or your own professional practice, your prenup will protect that interest. The practice or business won’t be divided and be subjected to involvement or control of the other spouse should you separate or divorce.

Read also: The Validity of Pre- and Post-Nuptial Agreements in UAE

Disadvantages of prenuptial agreements to take into consideration:

  • The agreement may potentially require you in giving up your rights in inheriting the estate of your spouse should he/she dies.
  • If you’ve contributed to the growth and continued success of your spouse’s professional practice or business, then you may not have entitlement to a share of your spouse’s increase in value.
  • Starting a serious relationship with a contractual agreement in the equation can engender some sense of distrust.

If you and your future spouse are considering of creating a prenuptial agreement in Dubai, you need the assistance and guidance of experienced marriage and family law experts.

For more information, contact us here in Dubai Court Marriage today!

Atty Obada represents clients when dealing with the Ministry of Human Resources and Emiratisation in the UAE in order to facilitate peaceful settlements for labor and employment disputes. He helps ensure they are ceased in their tracks prior to escalating into major litigation cases. His expertise when it comes to labor legislation in UAE include illegal dismissals and unfair labor practices. Read more