Happily Ever After… With a Contract? The Truth About Prenups in the UAE

Introduction to Prenups in the UAE

When dealing with family law matters, prenuptial agreements in the UAE are an increasingly important topic. Marriage is often seen as a union based on love, trust, and commitment. However, in a globalised environment where financial security and legal certainty matter more than ever, many couples choose to formalise expectations through a prenuptial agreement (prenup) before getting married.

In the UAE, where multiple legal systems coexist due to a large expatriate population, prenups are gaining attention, although misconceptions persist. Some regard them as unromantic or indicative of mistrust, while others see them as a practical tool for asset protection and financial clarity.

This raises important questions: are prenups enforceable in the UAE, how do they operate, and can they genuinely support a stable marital foundation?

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract entered into before marriage that defines how assets, liabilities, and financial responsibilities will be managed during the marriage and in the event of divorce or separation. In many jurisdictions, prenups may also address spousal support, inheritance rights, and business interests.

Although widely recognised in countries such as the United States, the United Kingdom, and across Europe, prenups in the UAE are subject to specific considerations arising from local law, expatriate status, and the legal framework governing the marriage.

Are Prenuptial Agreements Enforceable in the UAE?

The UAE operates under a civil law system influenced by Sharia principles. Family law matters, including marriage and divorce, are primarily governed by Federal Law No. 28 of 2005 on Personal Status, commonly referred to as the UAE Personal Status Law.

The enforceability of prenuptial agreements in UAE courts depends on several factors:

• Emiratis and Muslims: Sharia-based principles generally apply, and prenuptial agreements are not usually recognised under local personal status law.
• Non-Muslim expatriates: Foreign couples may elect to have their marriage and divorce governed by the laws of their home country, where prenups are more commonly enforceable.
• ADGM and DIFC jurisdictions: The Abu Dhabi Global Market and Dubai International Financial Centre courts, which follow common law principles, are more likely to uphold a properly drafted prenup, provided it was entered into voluntarily and with independent legal advice.

In addition, the Abu Dhabi Judicial Department (ADJD) introduced a non-Muslim Personal Status Law (Law No. 14 of 2021), allowing non-Muslim couples to sign and register prenuptial agreements in Abu Dhabi. This has positioned Abu Dhabi as the most prenup-friendly jurisdiction in the UAE for expatriates.

Prenuptial Agreements in the UAE: Registration with the ADJD

For non-Muslim couples marrying in Abu Dhabi, the ADJD provides a formal mechanism for registering prenuptial agreements under the Civil Marriage Law for Non-Muslims. This enables couples to establish legally recognised financial arrangements before marriage.

How Does Prenup Registration Work in Abu Dhabi?

1. Drafting the agreement: Both parties agree on financial terms and obligations prior to marriage.
2. Notarisation and registration: The agreement must be formally registered with the ADJD.
3. Legal enforceability: In the event of divorce, ADJD courts are significantly more likely to recognise a registered prenup than standard UAE family courts.

This framework provides greater legal certainty and financial clarity for expatriates marrying under Abu Dhabi’s non-Muslim personal status regime.

Why More Couples Are Considering Prenups in the UAE

1. Financial Transparency and Clarity

Prenups encourage open discussions about finances before marriage, reducing the likelihood of future disputes.

2. Asset Protection

Individuals with personal or family wealth can protect assets from potential claims in the event of divorce.

3. International Marriages and Jurisdictional Complexity

Where spouses come from different legal systems, a prenup helps clarify jurisdictional and financial arrangements.

4. Second Marriages and Children from Previous Relationships

Prenups can ensure that children from prior relationships are financially protected and that asset distribution follows agreed terms.

5. Business Ownership and Investments

Entrepreneurs and business owners can safeguard company interests against future marital disputes.

Do Prenups Harm a Relationship?

A common misconception is that a prenup signals a lack of trust or an expectation of divorce. In reality, prenups often strengthen relationships by setting clear expectations, promoting transparency, and reducing financial uncertainty.

Many family law practitioners view a well-drafted prenup not as planning for separation, but as a mechanism for ensuring fairness and mutual understanding.

Key Takeaways on Prenups in the UAE

• Prenups are not automatically enforceable in UAE courts, but may be upheld in ADGM and DIFC jurisdictions.
• Abu Dhabi allows non-Muslim couples to register prenups, offering enhanced legal certainty.
• Expatriates should carefully consider governing law and jurisdiction when planning marriage in the UAE.
• Prenups do not indicate mistrust; they promote clarity, transparency, and fairness.

If you are considering a prenuptial agreement in the UAE, obtaining specialised legal advice is essential to ensure the agreement reflects your circumstances and maximises enforceability.

After all, a strong marriage is better supported by clarity, preparation, and peace of mind.

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We hope this article assists you when evaluating whether to register a prenuptial agreement in the UAE. Should you have questions of a general nature, our team remains available.

For further reading, explore our publications in English and our videos by Maria Rubert.

Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. It offers an introductory overview of prenuptial agreements in the UAE.