This article will explore the current legal framework surrounding prenuptial agreements in the UAE, particularly under Federal Decree-Law No. (41) of 2022 and relevant Emirati laws.
Legal Framework guiding the Prenuptial Agreements in the UAE
1. Federal Decree-Law No. (41) of 2022
Federal Decree-Law No. (41) of 2022 governs civil personal status and family matters for non-Muslims residing in the UAE. This law is particularly relevant for foreign nationals who may be subject to its provisions unless they opt for their home country’s legal system. This Decree-Law introduces a more flexible and modern approach to family law, including prenuptial agreements.
2. Law No. 14 of 2021 (Abu Dhabi)
In Abu Dhabi, Law No. 14 of 2021 regulates personal status matters for non-Muslim foreigners, offering a framework for civil marriages and related issues. This law is designed to handle personal status disputes among non-Muslims.
Scope of Application
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- For Non-Muslim Foreigners
The provisions of Federal Decree-Law No. (41) of 2022 apply to non-Muslim foreigners residing in the UAE. However, these individuals may choose to apply their home country’s laws if both parties agree. This flexibility extends to prenuptial agreements, which are permissible under this Decree-Law, Clause 2 of Article 6 of Federal Decree-Law No. (41) of 2022
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- For Assets Within the UAE
Under Federal Decree-Law No. (41) of 2022, prenuptial agreements that meet legal standards are enforceable with respect to assets located in the UAE. This includes issues of inheritance, divorce settlements, and asset distribution as specified in the agreement.
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- For Assets Outside the UAE
Prenuptial agreements may also cover assets located abroad. However, the enforceability of such agreements concerning these assets depends on the prevailing laws of the country where the assets are situated.
Key Considerations for Prenuptial Agreements
- Enforceability: Prenuptial agreements are enforceable if they align with the regulations of the UAE and the legal system specified within them. This includes adherence to local laws regarding divorce, alimony, and asset division.
- Inheritance Rules: The Decree-Law permits individuals to leave a “will” for their UAE-based assets, specifying how these assets should be distributed upon death. In the absence of a will, inheritance follows a set distribution pattern favouring spouses, children, and other relatives.
- Procedure for Execution: Prenuptial agreements should be formally drafted and executed in accordance with UAE legal standards. This typically involves having the agreement translated into Arabic by a certified translator and ensuring all relevant documents are authenticated.
Required Conditions and Documents
To proceed with a prenuptial agreement in the UAE, the following conditions must be met:
- Both parties must be non-Muslims.
- Both parties must be at least 21 years old.
- The parties must not be closely related (up to the second degree).
- Neither party should be currently married to anyone else.
Conclusion
For foreign residents in the UAE, prenuptial agreements provide a crucial means of managing expectations and legal rights regarding asset distribution, alimony, and inheritance. Understanding the legal framework under Federal Decree-Law No. (41) of 2022 and related Emirati laws ensures that these agreements are enforceable and effective.
For personalized assistance, Motei & Associates can offer guidance on completing marriage procedures and prenuptial agreements according to the legal requirements in the UAE.
Motei & Associates Can Help You Complete the Process
Navigating the legal complexities of prenuptial agreements in the UAE can be challenging, especially given the evolving legal framework. Motei & Associates is equipped to assist you throughout this process, ensuring that your prenuptial agreement is comprehensive and compliant with current regulations.
Our services include:
- Drafting and Reviewing Prenuptial Agreements
- Document Authentication: We assist with the authentication of documents by the
- Filing and Registration
- Tailored Legal Advice
