UAE Trends and Developments Contributed by: Awatif Al Khouri and Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
virtue of the Marriage, except as expressly provided in a subsequent written agreement.” Whereas for Muslims, a total waiver of future mainte ‑ nance ( nafaqah ) in a marriage contract is likely void as it contradicts the husband’s Sharia obligation, under the civil law (non-Muslims), such waivers may be enforceable but caution must be exercised when drafting. The parties should demonstrate that the wife has sufficient independent financial means. If the wife has no financial means, then the waiver may not be upheld by the courts. To avoid this, the parties could simply agree on a fixed amount instead of waiving it entirely. The following is a sample clause that could be included in the draft:
“Each Party, having received independent legal counsel regarding their statutory rights under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects, and Abu Dhabi Resolution No. 8 of 2022, hereby irrevocably waives, releases, and discharges any and all future claims against the other for spousal maintenance, alimony, interim support, or capital lump sum payments upon the dissolution of the marriage. The Parties expressly acknowledge that this waiver includes a specific release of any rights to financial orders calculated under the statutory formulas pro ‑ vided in the Abu Dhabi Civil Family Law regulations. This waiver is predicated on the Parties’ mutual rec ‑ ognition of each other’s financial independence and self-sufficiency and shall survive the termination of the marriage, regardless of any subsequent change in financial circumstances, to the fullest extent permit ‑ ted by the applicable laws.”
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