How do you get a prenuptial agreement in the UAE? To get a prenuptial agreement in the UAE, first identify which law applies to your marriage. Then agree clearly on the financial terms, prepare the document, and follow the relevant court’s authentication procedure.
There is no single route for every couple in the UAE. The process depends on the applicable law, the couple’s religion and nationality, and the authority handling the agreement.
Which prenup route applies to your marriage?
The options differ with the legal system that applies to your marriage. For non-Muslims, two routes matter most. One is Abu Dhabi Law No. 14 of 2021, as amended.
The other is the federal civil system for non-Muslims under Federal Decree-Law No. 41 of 2022. Abu Dhabi’s published civil prenup service also accepts non-UAE nationals regardless of religion. Muslim UAE nationals are excluded from that service.
Where Federal Decree-Law No. 41 of 2024 applies, marriage conditions are subject to Article 33. They must comply with its limits, and a disputed condition must be recorded in the authenticated marriage contract. This is a different route from the civil prenup service.
- Abu Dhabi Civil Family Court (ADJD): A dedicated service to authenticate a civil prenuptial agreement for eligible couples. Legal basis: Abu Dhabi Law No. 14 of 2021, as amended, Article 5(2); ADJD service requirements.
- Federal civil system for non-Muslims: Financial terms and post-divorce rights can be included directly in the civil marriage contract form. Legal basis: Federal Decree-Law No. 41 of 2022, Article 6(2); Cabinet Resolution No. 122 of 2023, Article 4.
What can you include in a UAE prenup?
You can set out how current and future assets, business shares, and debts will be treated, subject to the applicable law. You can also agree on financial rights after divorce. Article 6(2) of Federal Decree-Law No. 41 of 2022 allows agreed marriage terms.
Article 6 of Cabinet Resolution No. 122 of 2023 addresses court-ordered compensation where the parties have not agreed on the relevant financial terms. It does not create an automatic equal division of assets.
Documenting the agreement does not guarantee that a court will enforce every clause word for word. The agreement cannot remove mandatory legal protections. It also cannot bind the court to custody terms that harm the child’s best interests.
Under Article 10 of Federal Decree-Law No. 41 of 2022, the court can decide disputed custody matters in the child’s best interests.
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Documents, fees, and timing
The official fee to register a prenuptial agreement at the Abu Dhabi Judicial Department is AED 950. This fee is separate from the main marriage contract fee, legal drafting fees, translation costs, and attestation of foreign documents.
ADJD lists each party’s passport and Emirates ID, together with the agreement in Arabic and English. Non-residents should confirm the identification requirements for their application. If you use your own agreement instead of the approved template, it must be signed by both parties and legally translated into Arabic and English.
The time needed depends on negotiations, document preparation, and appointment availability. For the Abu Dhabi service, submit the application and supporting documents, then pay the fee after approval. The court schedules authentication in person or by video if both parties are UAE residents.
The authenticated agreement is then issued digitally.
Which legal framework governs prenuptial agreements for non-Muslims in Abu Dhabi
Abu Dhabi Law No. 14 of 2021, as amended, provides the local framework. Article 5(2) allows spouses to agree on terms governing their rights during marriage and after divorce. Article 4 sets the conditions for entering a civil marriage.
Can a prenup include joint custody arrangements?
Yes, article 6(2) of Federal Decree-Law No. 41 of 2022 permits agreed terms concerning joint custody. Article 10 makes joint custody the general rule after divorce, subject to its stated exceptions and the child’s best interests. A prenup cannot prevent the court from reviewing those arrangements.
How do you get a prenuptial agreement in the UAE and related guidance?
- how a prenuptial agreement works under UAE law
- options for a prenuptial agreement in the UAE
- recognition of a foreign divorce in the UAE
Official legal sources
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