UAE Law and Practice Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
depending on the facts of each case. This amount could be one lump sum payment or a monthly pay ‑ ment for a certain period of time, decided by the court. Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects (applicable for non-Muslims in Abu Dhabi) provides additional financial rights for women upon divorce. The court may consider the following stand ‑ ards to calculate the financial rights: (i) a minimum of 25% of the last salary multiplied by the number of years in the marriage; (ii) a percentage of the market value of the husband’s assets, including but not lim ‑ ited to real estate, shares and company stock, jointly- owned assets and the parties’ contribution in them. The court has the right to order the husband to make these payments in one lump sum or in instalments to ensure full settlement. 2.5 Prenuptial and Postnuptial Agreements If a Muslim marries through an Islamic ceremony, they may have signed a marriage contract ( nikah ). This contract includes the provision of money or assets to the wife at the time of marriage, divorce or the hus ‑ band’s death, which is why it is sometimes compared to a prenuptial agreement. However, these are two different contracts, one being concluded before the marriage and the other at the time of the marriage. A prenuptial agreement should be re-signed after mar ‑ riage and should not contain any clauses that would be in opposition to Sharia, public order or morals in the UAE in order to ensure its enforceability in the UAE. In the UAE, there is no concept of a prenuptial agree ‑ ment. Where such agreements are drafted in other jurisdictions, they are unlikely to be enforced by the UAE courts, especially when the agreement concerns matters relating to children. They may be taken into consideration in the absence of an agreement on the conditions or controls of such alimony or other financial claims in the marriage contract, according to Article 9 of Federal Law No. 41 of 2022, which is applicable in all Emirates other than Abu Dhabi. Article 13 of Federal Law No. 5 of 1985 on the Civil Transactions Law in the United Arab Emirates provides that personal and financial issues, including divorce,
shall be governed in accordance with the laws of the country where the parties were married. Therefore, theoretically, the court may consider the application of the laws of the country where the parties were mar ‑ ried in accordance with Article 13 of the Law in deter ‑ mining the validity and subsequent enforceability of prenuptial agreements. It is important to note that the courts have the dis ‑ cretionary powers to accept or reject any request in relation to the application of foreign laws based on the merits of individual cases. However, if any party is a dual national, the court may reject the application of foreign law in accordance with Article 24 of the Law. The UAE has implemented extensive legal structures for non-Muslim citizens and residents seeking civil marriages, as specified under Federal Decree-Law No. 41 of 2022 on Civil Personal Status (applicable for non-Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects(applicable for non-Muslims in Abu Dhabi). Under these laws, spouses can agree on contract conditions, considering rights during marriage and post-divorce. It is not mandatory to submit a marriage or prenuptial agreement, but it is permissible to do so. To ensure compliance with the terms of the prenuptial agreement, it is advisable that the parties enter into a postnuptial agreement signed before the Family Guid ‑ ance department that is located within the premises of the family courts. They may execute the agreement on any date after the marriage, even on the day following the marriage. 2.6 Cohabitation: Division of Assets Between Unmarried Couples While cohabitation is legal in the UAE, the parties do not acquire rights against one another similar to those acquired by spouses in a marital relationship. In the case of children resulting from cohabitation, and if paternity is established, child support can be claimed from the father.
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