UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
tion 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 ceremo - ny, they may have signed a marriage contract ( nikah ). This contract includes the provision of money or assets to the wife at the time of mar- riage, divorce, or the husband’s death, which is why it is sometimes compared to a prenuptial agreement. However, these are two different contracts, one being concluded before the mar - riage and the other at the time of the marriage. A prenuptial agreement should be re-signed after marriage and should not contain any claus - es 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 agreement. Where such agreements are draft - ed in other jurisdictions, they are unlikely to be enforced by the UAE courts, especially when the agreement is on matters related 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 mar - riage contract, according to Article 9 of Federal Law 41 of 2022, which is applicable in all Emir - ates other than Abu Dhabi. Article 13 of Federal Law No 5/1985 on Civil Transactions Law in the United Arab Emirates State provides that personal and financial issues, including divorce, shall be governed in accord - ance with the laws of the country where the par - ties were married. Therefore, theoretically, the court may consider the application of the laws of the country where the parties were married in
accordance with Article 13 of Civil Transaction Law in determining the validity and subsequent enforceability of prenuptial agreements. It is important to note that the courts have the discretionary 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 Civil Transac - tion Law. The UAE has implemented extensive legal struc - tures for non-Muslim citizens and residents seeking civil marriages, as specified under Fed - eral Decree-Law No 41/2022 on Civil Personal Status (applicable for non-Muslims in all Emir - ates except Abu Dhabi) and Abu Dhabi Law No 14/2021 on Civil Marriage and its Effects, in the Emirate of Abu Dhabi (applicable for non-Mus - lims in Abu Dhabi). Under these laws, spouses can agree on con - tract conditions, considering rights during mar - riage and post-divorce. It is not mandatory to submit a marriage or pre-nuptial agreement, but it is permissible to do so. To ensure compliance with the terms of the pre- nuptial agreement, it is advisable that the par - ties enter into a post-nuptial agreement signed before the Family Guidance 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 While cohabitation is legal in the UAE, the par - ties do not acquire rights against one another
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