Marriage contracts in the UAE : prenups/postnups, validity and scope

Prenuptial/postnuptial agreements are increasingly used to govern spousal finances (asset division, maintenance, family home). In the UAE, their effectiveness hinges on drafting quality, personal status (non Muslim, Muslim expat, national), asset location and compliance with formalities under local law.

Non Muslims

Such agreements are generally permissible, particularly where the parties’ home law recognises matrimonial division and these instruments. For UAE located assets, Article 1(2) of the Personal Status Law allows application of non Muslim regimes or, for foreigners, of their home law if invoked; Article 5 confirms jurisdiction of local courts for residents/domiciliaries. Compliant agreements can therefore be enforced, including for UAE assets. For foreign assets, the lex situs prevails.

Muslim expats

Two scenarios : (a) divorce in the UAE : the Personal Status Law applies, as for nationals; (b) enforcing a prenup after a divorce abroad : the agreement is treated as a civil contract (Civil Transactions Law), subject to validity requirements (consent, offer/acceptance, cause/object).

UAE nationals

Sharia does not recognise a community of property, each spouse retains separate property. However, Article 20 of the Personal Status Law permits conditions in the official marriage certificate (scope debated), provided they do not contradict Sharia. A Dubai Court of Cassation case (No. 2/2010) illustrates the need to include property conditions in the marriage certificate or, failing that, satisfy civil-law formalities (clear offer/acceptance) for enforcement.

Drafting best practices

• Full financial disclosure and separate legal advice for each spouse.
• Language and form : embed in the marriage certificate (nationals) or a compliant standalone contract (expats) with sworn translations.
• Scope : UAE vs foreign assets; applicability and governing‑law
• Alignment with the Personal Status Law and Civil Transactions Law.

Enforcement and litigation

Terms in the marriage certificate benefit from a more direct route before personal status courts (typically faster timelines). Standalone agreements fall under the civil courts (contract), with greater evidentiary demands. In all cases, include jurisdiction, governing law and enforcement clauses.

In the UAE, a well calibrated marriage contract aligned with applicable formalities provides clarity (assets, maintenance, housing) and prevents disputes. The choice of instrument (marriage certificate vs separate contract), governing law and asset location shape enforceability. A bilingual, carefully drafted agreement and a prior audit are critical.

Our lawyers, who are experts in family law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Family Law
contact@agn-avocats.fr
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