Prenuptial Agreement Draft

Prenuptial Agreement Draft in the UAE

A prenuptial agreement is intended to document financial and other legally permissible arrangements between two people before marriage. It may address matters such as ownership of assets, financial responsibilities, treatment of particular property, and arrangements the parties wish to record in anticipation of marriage.

In the UAE, however, the legal effect of a prenuptial agreement depends heavily on the parties’ personal status framework. The applicable rules can differ according to nationality, religion, the law governing the marriage, and whether the marriage is concluded under the UAE civil personal status regime or the general Personal Status Law.

A document drafted according to assumptions taken from another jurisdiction should therefore not be treated as automatically enforceable in the UAE.

Abdulrahman Alshaali Advocates & Legal Consultants assists individuals and couples with preparing and reviewing prenuptial and marriage-related agreements according to the legal framework applicable to their circumstances.

Prenuptial Agreements Under UAE Personal Status Law

There is no single UAE rule under which every document described as a prenuptial agreement has the same legal effect.

Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law establishes the general federal personal status framework and determines its application according to the parties’ circumstances.

Federal Decree-Law No. 41 of 2022 on Civil Personal Status establishes a separate civil personal status framework applicable within its statutory scope, particularly to non-Muslims, subject to the choices and conditions recognised by the legislation.

The applicable framework should therefore be identified before drafting begins.

For some couples, the relevant arrangements may appropriately be incorporated into the marriage contract itself.

For others, a separate agreement may be used to document additional financial arrangements, subject to the law governing those obligations and the extent to which the relevant provisions are legally recognised.

The title “prenuptial agreement” alone does not determine which law applies or guarantee that every provision will be enforceable.

Marriage Contract Conditions Under the Personal Status Law

Federal Decree-Law No. 41 of 2024 expressly recognises conditions included in a marriage contract, subject to legal limitations.

Article 33 provides that spouses are bound by valid conditions stipulated in the marriage contract.

A condition must not make permissible what is prohibited, prohibit what is permissible, contradict the essence of marriage, or violate applicable Sharia requirements.

A valid condition that does not contradict these requirements may be enforceable according to the law.

The legislation also gives particular importance to recording conditions in writing.

Where a spouse seeks to rely on a condition and the other spouse denies it, Article 33 provides that the condition must be stated in the authenticated marriage contract for it to be considered.

This makes the distinction between an informal understanding and a properly documented marital condition particularly important.

A couple seeking to document arrangements before marriage should therefore determine whether particular terms should appear in the authenticated marriage contract rather than relying solely on a separate private document.

Civil Marriage Arrangements for Non-Muslim Couples

Federal Decree-Law No. 41 of 2022 on Civil Personal Status provides a separate civil framework for persons falling within its scope.

Article 1 addresses its application to non-Muslim UAE citizens and non-Muslim foreign residents, subject to the legal choices recognised by the legislation.

The civil personal status framework expressly recognises the ability of spouses to agree on conditions governing aspects of their relationship.

The statutory marriage documentation under the Executive Regulations includes sections addressing agreed conditions and the rights of the husband and wife during marriage and after divorce.

This creates an important basis for couples using the civil marriage framework to consider their financial arrangements before marriage.

The agreement should nevertheless be drafted carefully.

A provision dealing with property, financial support, or another issue should be assessed against the specific legislation governing that subject rather than assuming that every private arrangement will automatically control the outcome of a later dispute.

Identifying Which Legal Framework Applies

The first step in preparing a prenuptial agreement is determining which legal regime is relevant to the couple.

Factors may include:

For example, two non-Muslim foreign residents marrying under the UAE civil personal status framework may have different options from a couple whose marriage falls under the general Personal Status Law.

Similarly, a foreign couple may own property or businesses in several countries.

An agreement dealing with those assets may require consideration of foreign legal rules in addition to UAE law.

The applicable framework should therefore be identified before substantive provisions are drafted.

Identifying Existing Assets Before Marriage

A prenuptial agreement may record the property each party owns before marriage.

This can help distinguish existing personal assets from property acquired subsequently.

Relevant assets may include:

The parties should describe important assets with sufficient accuracy.

For example, stating merely that one party owns “business interests” may create uncertainty where that person holds shares in several companies.

The agreement may instead identify the relevant companies and the ownership interests involved.

Accurate disclosure can be particularly important where one party is entering the marriage with substantial assets or complex corporate holdings.

However, listing an asset in a prenuptial agreement does not itself complete any transfer, registration, or restructuring required under the legislation governing that asset.

Property Acquired During Marriage

Couples may also wish to address how property acquired after marriage will be treated.

The appropriate arrangement depends on the applicable personal status framework and the type of property concerned.

For example, the parties may wish to document whether a future investment will belong to one spouse individually or be acquired jointly.

Where property is purchased jointly, the ownership documentation should reflect the actual legal arrangement.

A prenuptial agreement should not be used as a substitute for registration requirements applicable to real estate, shares, or other registered assets.

The drafting should also avoid broad provisions that attempt to classify every future asset without considering how it is actually acquired and documented.

The parties may instead establish principles for defined categories of property and coordinate those provisions with the relevant ownership records.

Business Ownership and Prenuptial Agreements

Business owners may have particular reasons for considering a prenuptial agreement.

A person may enter marriage while owning shares in an established company, participating in a family business, or holding intellectual property connected to a commercial venture.

The agreement may record the existing ownership position and address particular financial arrangements between the spouses.

For example, a shareholder may wish to document that shares owned before marriage remain registered solely in that person’s name.

Where a spouse later invests money or acquires an ownership interest, that transaction should be documented separately according to the applicable corporate requirements.

A prenuptial agreement cannot replace company transfer procedures, shareholder approvals, or registration requirements.

Where corporate ownership arrangements are also being negotiated, a Draft Shareholders Agreement or Draft Investment Agreement may be relevant in addition to the marital documentation.

The different agreements should be coordinated so they do not create inconsistent rights.

Debts and Financial Obligations Before Marriage

A prenuptial agreement may also identify significant liabilities existing before marriage.

These can include:

Recording existing debts can help both parties understand the financial position they are entering into.

For example, one party may own a profitable business while also having personally guaranteed substantial company financing.

Simply listing the business as an asset without identifying the related financial exposure could create an incomplete picture.

The agreement may establish how the parties intend to handle specified financial commitments between themselves, subject to applicable law.

However, a private agreement between spouses does not automatically alter the rights of banks, creditors, or other third parties.

If one spouse is legally liable to a creditor, the spouses cannot ordinarily remove that creditor’s rights simply by agreeing between themselves that the other spouse will bear the obligation.

Financial Responsibilities During Marriage

Couples may wish to document how they intend to manage certain expenses during marriage.

Examples may include:

The extent to which these arrangements can be contractually regulated depends on the applicable personal status framework and any mandatory legal obligations.

A prenuptial agreement should therefore distinguish between personal financial planning and provisions intended to create legally enforceable obligations.

For example, a couple may agree that each spouse will contribute a specified amount to a joint investment account.

The agreement should establish whether this is intended as a binding financial commitment or merely an expression of their intended household arrangement.

The legal consequences should be evaluated before the provision is included.

Financial Arrangements Following Divorce

Couples may wish to consider financial consequences if their marriage later ends.

Under the civil personal status framework, financial arrangements agreed in connection with marriage may be relevant to subsequent claims.

Federal Decree-Law No. 41 of 2022 specifically contemplates agreed conditions or controls concerning post-divorce financial claims within the marriage contract.

Where no agreement governs the relevant issue, the legislation provides factors for judicial consideration in specified circumstances.

This means that financial arrangements should be drafted carefully rather than expressed through broad statements such as “neither spouse will ever make any claim against the other.”

Whether a particular waiver or financial arrangement is legally effective depends on the applicable legislation, the nature of the right involved, and the circumstances in which the provision is relied upon.

The agreement should identify the intended financial arrangement without attempting to exclude mandatory rights that cannot legally be waived.

Can a Prenuptial Agreement Determine Child Custody?

Couples should be cautious about attempting to predetermine matters concerning future children.

Child-related issues are governed by the applicable personal status legislation and the legal standards relevant to the child.

A private agreement made before marriage should not be assumed to determine conclusively future custody, guardianship, or child-related financial obligations.

Circumstances may change significantly after the agreement is signed.

For example, an agreement made before the birth of a child cannot necessarily determine what arrangement will be appropriate many years later.

Couples may record intentions where legally appropriate, but child-related provisions must be assessed according to the legislation applicable when the issue arises.

A prenuptial agreement should therefore avoid presenting such provisions as though the parties can remove the court’s legally assigned role simply by agreeing in advance.

Inheritance and Estate Planning Considerations

Marriage can affect estate and succession planning.

A couple preparing a prenuptial agreement may also wish to consider wills, inheritance arrangements, or ownership structures.

These issues should not automatically be combined into one document.

The legislation governing inheritance and wills may impose separate requirements.

For example, a spouse may wish to provide for particular beneficiaries or coordinate a will with existing family business arrangements.

The appropriate solution may involve separate estate-planning documentation rather than attempting to resolve the issue entirely through a prenuptial agreement.

Where different countries are involved, the position can become more complex because assets may be located in multiple jurisdictions.

The agreement should therefore identify matters that require separate legal documentation instead of creating the impression that one contract controls every consequence of marriage and death.

Financial Disclosure Before Signing

Meaningful financial disclosure can be important where a prenuptial agreement addresses substantial assets and liabilities.

Each party should understand the financial circumstances relevant to the arrangements being agreed.

This may involve disclosure of:

For example, one party may agree to a particular financial arrangement believing that the other owns only limited assets.

If substantial assets were intentionally concealed, the circumstances surrounding the agreement may become relevant in a later dispute.

The appropriate level of disclosure depends on the proposed provisions and applicable law.

Where significant assets are involved, documentary evidence can help establish what information was available when the agreement was executed.

Independent Legal Advice for Each Party

A prenuptial agreement can affect the financial interests of both future spouses.

The parties may therefore benefit from understanding the agreement independently before signing it.

This is particularly relevant where one party drafted the initial terms or has significantly greater financial resources.

Independent legal advice can help each person understand the provisions, ask questions, and consider the consequences before agreeing.

It can also reduce uncertainty about whether a party understood the nature of the document.

Where separate lawyers are instructed, each adviser should understand which party they represent.

A lawyer representing one future spouse should not automatically be treated as independently advising the other.

The appropriate professional arrangements depend on the circumstances and applicable conflict-of-interest rules.

Timing the Prenuptial Agreement

The agreement should ideally be considered sufficiently before the marriage to allow meaningful review.

Waiting until immediately before the wedding may create practical difficulties.

The parties may need time to collect financial information, obtain independent legal advice, discuss proposed conditions, and determine how the arrangements will interact with the marriage documentation.

For example, if a condition needs to appear in the authenticated marriage contract, the parties should identify that requirement before the marriage is registered.

A last-minute private document may not achieve the same legal result.

The timing should therefore allow the agreement to be considered as part of the marriage planning process rather than treated as an administrative formality immediately before the ceremony.

Authentication and Formal Requirements

The formal requirements depend on the applicable legal framework and the type of arrangement.

A simple privately signed document should not automatically be assumed to have the same status as a condition recorded in an authenticated marriage contract.

Under Article 33 of the Personal Status Law, particular importance is given to written conditions contained in the authenticated marriage contract when one spouse later denies the condition.

The civil personal status framework also provides official marriage documentation through which agreed conditions may be recorded.

Where separate agreements require notarisation, authentication, translation, or another formal step, those requirements should be identified according to the specific document and its intended use.

If the agreement is intended to be relied upon in another country, additional formalities may also need to be considered.

A Practical Example: Business Assets Owned Before Marriage

Consider an entrepreneur in the UAE who owns shares in several companies before marriage.

The future spouses agree that those existing shares will remain associated with the entrepreneur’s pre-marriage business interests.

They also intend to purchase a family residence jointly after the marriage.

A poorly drafted agreement states only that “all property belongs to its original owner.”

That wording does not adequately distinguish existing company shares from future jointly purchased property.

It also does not address how the jointly funded residence will be documented.

A more carefully prepared agreement could identify the existing business interests specifically while treating later jointly acquired property separately.

The parties could then ensure that ownership documents for the future residence correspond to their intended arrangement.

Where necessary, the marital agreement could be coordinated with corporate and estate-planning documentation.

The example illustrates why a prenuptial agreement should distinguish different categories of property rather than relying on one broad statement.

Documents Required to Draft a Prenuptial Agreement

The documents required depend on the couple’s circumstances and the arrangements they intend to record.

Relevant materials may include:

Where assets are located outside the UAE, information concerning those jurisdictions may also be required.

The drafting process should identify which provisions belong in the prenuptial agreement and which matters require separate legal documentation.

Prenuptial Agreement Drafting Assistance from Abdulrahman Alshaali Advocates & Legal Consultants

A prenuptial agreement should be prepared according to the personal status framework applicable to the couple rather than adapted from a generic foreign template.

Abdulrahman Alshaali Advocates & Legal Consultants assists clients with preparing and reviewing marriage-related financial arrangements under UAE law.

Our services may include identifying the applicable personal status framework, reviewing proposed financial conditions, documenting existing assets and liabilities, and considering whether particular terms should be incorporated into the marriage contract or addressed through separate documentation.

Where arrangements involve company ownership or investments, a Draft Shareholders Agreement, Draft Investment Agreement, or other appropriate corporate agreement may also require consideration.

Clients seeking assistance with other agreements can explore our contract drafting services.

We assist clients in preparing documentation that reflects their circumstances and the UAE legal framework applicable to their relationship.

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Request Assistance with Your Prenuptial Agreement Draft

Whether you are preparing for marriage, entering the relationship with significant assets, protecting existing business interests, or considering financial arrangements under the UAE civil personal status framework, the documentation should reflect the law applicable to your circumstances.

Abdulrahman Alshaali Advocates & Legal Consultants assists clients with preparing and reviewing prenuptial and marriage-related agreements under UAE law.

Contact our team to discuss your proposed arrangements and the appropriate legal documentation.

Frequently Asked Questions

Can a Prenuptial Agreement Be Signed After the Marriage?

Couples who are already married may still wish to document financial arrangements, but the legal character of such an agreement differs from a document prepared before marriage.

The appropriate structure depends on the applicable personal status framework and the rights being addressed.

Where the proposed arrangement requires amendment of an authenticated marriage condition or another formal document, the relevant procedure should be considered separately.

Can a UAE Prenuptial Agreement Cover Assets Located in Another Country?

The agreement may refer to foreign assets, but its effect on those assets can depend on the law of the country where they are located and the rules governing the relevant property.

A UAE agreement should therefore not automatically be assumed to control the ownership or transfer of overseas assets.

Cross-border legal advice may be appropriate where substantial foreign property or investments are involved.

Can the Parties Change Their Prenuptial Agreement Later?

The parties may be able to modify particular arrangements by mutual agreement, subject to the applicable legislation and formal requirements.

A provision contained in an authenticated marriage contract may require a different procedure from a term contained only in a separate private agreement.

Any amendment should be documented clearly so that the parties can establish which version governs their relationship.

Does a Prenuptial Agreement Automatically Protect Assets from Creditors?

No. An agreement between spouses does not automatically remove valid rights belonging to banks, lenders, or other creditors.

Where a spouse has independently undertaken a debt, guarantee, or other enforceable obligation, a private marital agreement cannot simply cancel the creditor’s rights.

Asset protection, ownership arrangements, and creditor exposure should therefore be assessed separately.

Sources

Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law.

UAE Legislation Platform – Official Legislation

Federal Decree-Law No. 41 of 2022 on Civil Personal Status.

UAE Legislation Platform – Official Legislation

Cabinet Resolution No. 122 of 2023 Concerning the Executive Regulation of Federal Decree-Law No. 41 of 2022 on Civil Personal Status.

UAE Legislation Platform – Official Executive Regulation

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