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Introduction to Prenups in UAE
When handling family law is a must to discuss prenups in UAE. Marriage is often described as a union built on love, trust, and commitment. But in today’s world, where financial security and legal certainty play a crucial role in relationships, many couples are choosing to formalize their expectations with a prenuptial agreement (prenup) before saying “I do.”
In the UAE, where diverse legal systems intersect due to a large expatriate population, prenups are gaining attention—but many misconceptions remain. Some view them as an unromantic contract that signals a lack of trust, while others see them as a practical tool for protecting assets and ensuring financial transparency.
So, are prenups enforceable in the UAE? How do they work, and can they truly help couples build a solid foundation for marriage? Let’s break down the facts.
What Is a Prenups or a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract signed before marriage that sets out how assets, debts, and financial obligations will be handled during the marriage and in the event of divorce or separation. In many jurisdictions, prenups can also cover spousal support, inheritance rights, and business interests.
While common in countries such as the United States, the UK, and much of Europe, prenups in the UAE have specific considerations based on local laws, expatriate status, and the chosen legal system governing the marriage.
Are Prenuptial Agreements Enforceable in the UAE?
The UAE follows a civil law system influenced by Sharia principles, which means that family law matters—including marriage and divorce—are primarily governed by Federal Law No. 28 of 2005 on Personal Status (the UAE Personal Status Law).
However, the enforceability of prenuptial agreements in the UAE courts depends on several factors:
- For Emiratis and Muslims in the UAE: Sharia-based principles apply, and prenuptial agreements are not typically recognized under local personal status laws.
- For non-Muslim expatriates: Foreign couples may choose to have their marriage and divorce governed by the laws of their home country, where prenuptial agreements are more widely accepted.
- For cases under ADGM and DIFC courts: The Abu Dhabi Global Market (ADGM) and Dubai International Financial Centre (DIFC) courts, which follow common law principles, are more likely to uphold a well-drafted prenuptial agreement, provided both parties voluntarily entered into it 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 within the emirate. This makes Abu Dhabi a leading jurisdiction in the UAE for prenup recognition, providing legal certainty for expat couples seeking to protect their financial interests.
Prenup in UAE – Registration with the ADJD
For non-Muslim couples marrying in Abu Dhabi, the Abu Dhabi Judicial Department (ADJD) offers a framework for registering prenuptial agreements under the Civil Marriage Law for Non-Muslims. This allows couples to establish financial arrangements in a legally recognized manner before marriage.
How Does Prenup Registration Work in Abu Dhabi?
- Drafting the Agreement – Both parties must agree on the financial terms and obligations before marriage.
- Notarization and Registration – The agreement must be registered with the ADJD, ensuring its recognition in future legal disputes.
- Legal Enforceability – In the event of a divorce, ADJD courts are more likely to recognize a registered prenup, unlike standard UAE family courts, where enforceability remains uncertain.
This process provides greater financial clarity and legal security for expatriates choosing to marry in Abu Dhabi under the non-Muslim Personal Status Law.
Why More Couples Are Considering Prenups in the UAE
The growing interest in prenuptial agreements among expat couples in the UAE is driven by several key factors:
1. Financial Transparency & Clarity
A prenup encourages open discussions about finances before marriage, preventing misunderstandings and disputes later.
2. Asset Protection – reason for prenups in UAE
Individuals with significant personal or family wealth can protect their assets from potential claims in the event of a divorce.
3. International Marriages & Legal Confusion
With many expatriates marrying partners from different legal backgrounds, a prenup helps establish clear jurisdictionaland financial arrangements.
4. Second Marriages & Children from Previous Relationships
A prenup can ensure that children from previous relationships are financially protected and that assets are distributed according to a predetermined agreement.
5. Business Ownership & Investments
For entrepreneurs and business owners, a prenuptial agreement can safeguard their business interests from future marital disputes.
Do Prenups Harm a Relationship?
A common myth is that signing a prenuptial agreement signals a lack of trust or anticipation of failure in the marriage. In reality, prenups can strengthen relationships by fostering transparency, setting expectations, and reducing financial uncertainty.
Many family law experts argue that a well-structured prenuptial agreement is not about planning for divorce—but about ensuring fairness and clarity for both partners.
Key Takeaways to Prenups in UAE
- Prenups are not automatically enforceable in UAE courts but can be upheld in certain jurisdictions, including ADGM and DIFC.
- Abu Dhabi (ADJD) now allows non-Muslim couples to register prenuptial agreements, providing greater legal certainty.
- Expats should carefully consider which legal system governs their marriage and whether their home country laws recognize prenuptial agreements.
- Prenups do not signify mistrust—they encourage open discussions and financial fairness.
If you are considering a prenuptial agreement in the UAE, it is essential to seek specialized legal advice to ensure that the agreement aligns with your needs and is drafted in a way that maximizes its enforceability.
Because after all, a happily ever after is even better when it comes with peace of mind.
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We hope this post will help you as when evaluating the possibility of registering a prenuptial agreement agreement in the UAE and remain available for any questions regarding this post of general application.
For more information published in English you can visit all our publications at this link as well as the videos in English of our Managing Partner Maria Rubert.
*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the state of affairs concerning prenuptial agreements in the UAE.