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Marriage contract in the UAE: points to consider

A man and a woman’s social and legal relationship, known as marriage, is governed by laws, regulations, and social customs. For your wedding to be legitimate and recognized by the UAE and your home country, you must register it in a UAE court, according to the nation’s marriage rules.

In the UAE, Sharia law governs the institution of marriage. A couple that marries each other has a binding legal contract that enables them to coexist in a civilized way. Male and female cohabitation is prohibited in the United Arab Emirates (UAE) unless the individuals are married to one another, according to Article 365 of the country’s criminal code. If this law is broken, those responsible may be imprisoned, or if the violators are expats, they may be deported. If a couple is in love and wants to remain together, they must be married following the laws of Dubai court marriage.

Marriage Contract: An Overview

You and your spouse can create a marriage contract in writing before you get married if you intend to get married again. Prenuptial or prenuptial agreements are other names for marriage contracts. The terms of a marriage contract, a particular kind of domestic agreement, specify how disputes will be resolved during and after the partnership. For instance, you and your spouse may decide to distribute assets and debts in the event of a divorce. Property disputes and spousal support are the most often discussed topics in prenuptial Agreement.

A prenuptial agreement or a marriage contract cannot cover child-related concerns. The best interests of the kid must always come first when making decisions concerning the children during a separation or divorce. Choices concerning who gets to make decisions and who gets to spend time parenting fall under this category. Custody and access were the previous names for these.

You may want to know How to Attest Marriage Certificate for UAE

Why are marriage or prenuptial agreements significant in the UAE?

  • Making a prenuptial agreement or a marriage contract may not seem like a good idea to two people who are in love and contemplating getting married in Dubai. But it could be necessary for a marriage, mainly if they are of different nations and beliefs.
  • People from all over the globe travel to the UAE to settle down and find work because of the country’s sizable expat community. Consequently, a prenuptial agreement may assist expats in laying out the terms and circumstances of marriage before they get married to avoid a disagreement down the road.
  • The prenuptial agreements are valid as long as both the bride and the groom have signed them and nothing else is signed that would render the existing contract void.

Essential requirements for a marriage contract to be enforceable in the UAE

Article 38 of the Personal Status Law of the UAE specifies three requirements for a legal marriage. These components make up a marriage contract:

  1. The two parties to the marriage (the husband and the Tutor):

According to Article 39, the woman’s Tutor must proceed with her marriage with her consent, and the religiously appointed official must get her signature on the contract. The Tutor must be an educated Muslim man who is not barred from performing religious obligations (Hajj). In a marriage, the Tutor is the father, followed by the agnates in this order: son, brother, and uncle.

The agreement is invalid if there is no tutor. If the marriage is successful, the spouses are divorced, and the child’s parentage is established. The agreements are enforceable as long as the bride and groom have signed identical prenuptial agreements and do not sign another document that would render the existing contract void.

  1. The Aim

Muslim marriages are intended for legitimate procreation and, to a large extent, regulate and validate sexual activity. In addition to being a civil contract, it serves as a social and religious institution. Some of the marriage’s objectives include the following:

  1. The legalization of recreational sexual activity.
  2. Having children and legitimizing them to:
  3. Preserve the human race;
  4. Organize social and family life.
  5. Regulating one’s sexual arousal,
  6. Maintaining household order,
  7. The family’s growth, and
  8. Ensuring that moral children are raised.
  1. Making a marriage proposal and getting it accepted

A lawful marriage must comply with the requirements listed in Article 41 of the Personal Status Law. A proposal must be made, accepted, and specifically referred to as “marriage” before the other person may accept it. Upon acceptance of an offer, the parties are obligated to behave in good faith until a written agreement that explicitly or implicitly matches the conditions of the offer is made.

According to Sharia Law, the proposal and acceptance must be made in front of three (3) sane adults who are Muslims: one male and two female witnesses, or two (2) capable Muslim men who have reached puberty.

You may be interested in reading – How to Write an Authorization Letter for UAE Marriage Certificate Attestation

Why is it a good idea to have a marriage contract?

A marriage contract has benefits and drawbacks, just like any other contract or arrangement. The following are some benefits of a marriage contract:

  • Once a couple agrees to move out or file for divorce, they stay out of fights and conflicts.
  • The Couple can agree on a budget in advance since they know who is responsible for what.
  • The Couple can safeguard their company.
  • The marriage contract may shield the other party from future financial responsibilities if one of the spouses has substantial debt.
  • During and after a divorce, decisions on partner assistance might be made.

Writing a marriage contract in the UAE: some helpful hints

When drafting a marriage contract in the UAE, keep the following in mind:

  • The contract should be written so that no part of it contravenes Sharia law
  • Both parties to the agreement and the witnesses must sign it.
  • The contract must be correctly structured to prevent revisions later, and its terms must be carefully considered since any errors might result in expensive legal action.

How may marriage lawyers at Dubai Court Marriage assist you with drafting a Marriage Contract?

Reaching an agreement may be significantly aided by hiring a marriage attorney and having your marriage contract formalized in a court-worthy document. A prenuptial agreement will be tailored to meet everyone’s interests and be valid in court with the help of a marriage lawyer. Ask your marriage lawyer to assist you in working out the agreement before your court marriage in Dubai. Get it documented and notarized by a public notary. If you and your prospective spouse are thinking about drafting a prenuptial agreement in Dubai, you need the help and direction of knowledgeable family law and marriage Lawyer.

Contact Dubai Court Marriage right now if you want to learn more!

Hazim Darwish Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on family law, and regulatory compliance for business organizations. Hazim Darwish also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators.