UAE Trends and Developments Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
blunders led to divorce. Based on the divorce, the court has the right to appoint a financial expert to evaluate the lump sum amount that has to be paid to either of the spouses. The law has specified several different factors by which to evaluate this amount, for example: length of the marriage; fault of the parties; moral/financial harm; loss of opportunity if the wife had to stay in the house; financial/social/economic position of both parties; the educational level of both parties; whether the husband restricted the wife from working; standard of living; contribution to the wealth; any medical condition; the ability to work in the future; the wife’s wealth; the number of children; and differ ‑ ence of income between the spouses. In evaluation of the amount, the financial expert appointed by the court has the right to consider one of the following to evaluate the maintenance claim: minimum of 25% of the last salary multiplied by the number of years in the marriage; or percentage of the market value of the husband’s assets including but not limited to real estate, shares and company stock. The expert may also consider any jointly owned assets. The court has the right to order the husband to make these payments in one payment or in instal ‑ ments to make sure that the husband can afford to pay them. Prenuptial and postnuptial agreements If a Muslim marries through an Islamic ceremony, they may have signed a marriage contract, or “ nikah ”. This marriage contract includes the provision of money or assets to the wife at the time of marriage, divorce or the husband’s death, which is why it is sometimes compared to a prenuptial agreement. In actuality, though, there are significant differences in terms of discovery, drafting, and the kinds of conditions that can be upheld. It is probable that the UAE courts would decide not to uphold the terms of a prenuptial agreement if a Muslim couple attempted to rely on one that was law ‑ fully drafted in another jurisdiction, particularly with regard to children. This is due to the fact that a couple could not make a contract pertaining to unborn chil ‑ dren under Sharia. A prenuptial agreement should be re-signed after marriage as a postnuptial agreement
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. For non-Muslims, a prenuptial agreement may be taken into consideration in the absence of an agreement regarding 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. In the UAE, there is no concept of a prenuptial agreement. Where these agreements are drafted in other jurisdictions, they are unlikely to be enforced by the UAE courts, especially when the agreement con ‑ cerns matters relating to children. Article 13 of Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates provides that personal and financial issues including divorce shall be governed as per the laws of the country where the parties were married. Therefore, theoretically, the court may con ‑ sider the application of the laws of the country where the parties were married as per the aforesaid Article 13 to determine the validity and subsequent enforce ‑ ability of such prenuptial agreements. It is important to note that the courts have the discretionary powers to accept or reject any request in relation to the applica ‑ tion of foreign laws based on the merits of individual cases. If any party is a dual national, the court may reject the application of foreign law as per Article 24. It is important to note that Federal Law No. 5 of 1985 will be replaced by Federal Decree-Law No. 25 of 2025 Issuing the Civil Transactions Law, effective from 1 June 2026. Accordingly, as per Article 25 of Federal Decree-Law No. 25 of 2025, from 1 June 2026, for a person proved to hold multiple nationalities simulta ‑ neously, the law of the nationality under which they entered the State shall apply. 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 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects. Article 1 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status extends eligibility for civil mar ‑ riages to non-Muslims who are citizens of the UAE and non-Muslim foreigners residing in the country. Furthermore, Abu Dhabi Law No. 14 of 2021 on Civil
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