Postnuptial Agreements in the UAE: Legal Clarity After “I Do”

Introduction to Postnuptial Agreements in the UAE

While prenuptial agreements—contracts signed before marriage—are relatively well known, their post-marriage counterpart, the postnuptial agreement, is gaining ground in the UAE. A postnuptial agreement is a legal tool used by married couples who wish to establish clear financial and personal terms during the marriage or in the event of a separation or divorce.

In a country like the UAE—home to a diverse, international population and a complex blend of legal traditions—postnuptial agreements offer a layer of certainty and protection, particularly for non-Muslim residents and cross-border families.

What Is a Postnuptial Agreement?

A postnuptial agreement is a written contract between spouses signed after the wedding. It typically outlines how assets, debts, and obligations will be managed during the marriage and in case of its dissolution—through divorce, separation, or death.

It can also address spousal maintenance, ownership of businesses, and handling of property. Unlike prenuptial agreements, which are signed in anticipation of marriage, postnups are intended to address matters once the marriage is already underway.

Why Are Postnups Becoming More Common in the UAE?

Several factors explain the rising interest in postnups among UAE-based couples:

• Cross-border families: Many couples in the UAE hold different nationalities, cultural backgrounds, and legal expectations. A postnup can help clarify which financial principles apply.

• Uncertainty of default divorce rules: Without a valid agreement, UAE courts may apply Sharia principles by default (particularly for Muslim couples) or other statutory laws, depending on the couple’s religion and nationality.

• Major life events: Birth of children, inheritance, or business ventures may prompt couples to structure financial rights and responsibilities more clearly.

• Preserving harmony: In some cases, couples use a postnup to resolve disagreements or re-establish boundaries following periods of strain in the relationship.

The Legal Framework in the UAE

The UAE’s approach to family law varies depending on the religion of the spouses:

Muslim Couples

For Muslim couples, personal status matters—including divorce and inheritance—are generally governed by Sharia principles, as applied by local courts. While the concept of marital agreements exists, they are carefully scrutinised to ensure compliance with Islamic law and public policy.

Non-Muslim Couples

Recent legal reforms have opened new pathways for non-Muslim residents to govern their family affairs using civil law principles:

• Federal Law No. 41 of 2022, later updated by Federal Law No. 41 of 2024, introduced a framework for non-Muslim personal status matters, including divorce, custody, and inheritance. These laws aim to provide greater flexibility and predictability for expatriate families.

• Abu Dhabi Law No. 14 of 2021, still in force for residents of Abu Dhabi, also allows non-Muslims to manage personal status matters through a civil legal regime.

Postnuptial agreements are increasingly being interpreted through the lens of these modern legal frameworks, especially when parties are of non-Muslim background and have clearly articulated their mutual consent and understanding.

What Can Postnuptial Agreements in the UAE Cover?

Postnuptial agreements may be tailored to a couple’s specific needs. Common elements include:

• Division of marital and non-marital property

• Responsibilities for debt and joint liabilities

• Spousal support or maintenance provisions

• Treatment of income, gifts, or inheritances

• Arrangements for retirement savings, business interests, and insurance

While many topics can be addressed, child custody and child support provisions remain subject to public policy and the discretion of UAE courts. Courts will always prioritise the best interests of the child, regardless of what a postnup may provide.

When to Consider Postnuptial Agreements in the UAE

Couples may consider entering into a postnuptial agreement in situations such as:

• After receiving a significant inheritance or financial gift

• Upon launching or acquiring a business

• When financial or personal circumstances change significantly

• After moving to the UAE and needing to align their legal affairs with the local legal system

• As a way to reduce future conflict by clarifying rights and obligations

What Makes a Postnup Valid in the UAE?

For a postnup to be legally credible and potentially enforceable, it should meet the following criteria:

1. Mutual and informed consent: Both spouses must enter the agreement voluntarily and with a clear understanding of its contents.

2. Capacity to contract: The parties must be legally competent at the time of signing.

3. Disclosure: Full and honest disclosure of financial assets and liabilities is essential.

4. Written format: Oral agreements carry little legal weight; postnups should be in writing.

5. Legal and linguistic clarity: The agreement should be clearly drafted in a language understood by both parties, and ideally translated into Arabic if intended for submission to a UAE court.

6. Formalisation: While not always mandatory, notarising the agreement or signing in front of a witness may enhance its credibility before a judge.

Enforceability and Limitations

Postnuptial agreements are not automatically binding in UAE courts. Judges retain the discretion to disregard provisions that:

• Violate Sharia or public policy

• Are manifestly unfair to one spouse

• Include unenforceable clauses (e.g., certain types of waivers or penalties)

However, courts may take such agreements into account—particularly where they demonstrate clear intent, fairness, and informed consent. Having legal counsel involved at the drafting stage significantly increases the likelihood of enforceability.

Conclusion: Proactive Protection for Modern Couples

Postnuptial agreements are not about planning for divorce—they are about building clarity and mutual respect during marriage. In a jurisdiction as legally diverse as the UAE, they serve as a tool to prevent uncertainty and conflict, especially in complex family structures or cross-border scenarios.

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We hope this post will help you and remain available for any questions regarding this post of general application.

For direct publications on family matters in UAE you may click here and for specific topic videos on UAE Family Law here. For more information, feel free to explore all our publications at this link, as well as video insights on the topic from our Managing Partner, Maria Rubert here.

*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to wills for muslims in UAE.