Why more expats in the UAE are signing prenuptial agreements

Dubai: Prenuptial agreements aren’t just for the rich and famous — they’re practical tools for anyone with assets in or outside the UAE, especially expatriates. For many, a prenup is simply smart financial planning, though it’s still seen by some as a sign of mistrust or doubt in a relationship.

Once considered taboo, prenups are becoming increasingly common among expats in the UAE. Samara Iqbal, Founder at Aramas International Lawyers, says this shift reflects the country’s modern and inclusive family law system, which gives couples the freedom to define their financial futures.

A prenuptial agreement, or premarital contract, outlines how assets, debts, and financial support will be handled in the event of divorce or death — helping couples avoid disputes and protect property, businesses, and inheritances.

Two legal paths for couples in the UAE

“The UAE’s legal framework now offers two clear paths for couples,” explains Iqbal. “Under Law No. 14 of 2021 on Civil Marriage and Divorce and Federal Decree-Law No. 41 of 2022 on Civil Personal Status, Abu Dhabi has established a modern and inclusive civil system that applies to couples of any faith.”

Through this framework, couples can marry and register detailed prenuptial agreements directly with the Abu Dhabi Civil Family Court. These agreements can outline provisions such as property ownership, maintenance, financial responsibilities, and the division of assets in the event of separation.

“The Court’s bilingual, user-friendly, and efficient process has made this system one of the most progressive in the region,” Iqbal notes.

Couples who prefer to marry under the UAE Personal Status Law based on Sharia principles can still do so. However, Iqbal points out that “agreements under this system are limited to the provisions permitted by Sharia, such as mahr (dowry) and maintenance, and cannot contradict religious inheritance or property rules.”

This dual-track legal approach, she adds, ensures “both freedom of choice and respect for tradition, allowing every couple to select the legal framework that aligns with their beliefs and circumstances.”

Why prenups are gaining popularity among expats

The rise in prenuptial agreements, Iqbal says, is closely linked to the UAE’s modern and transparent family law system. “The country’s transparent, fair, and internationally recognized legal framework now gives residents the confidence to define their own financial arrangements,” she explains.

For expatriates, many of whom have assets in multiple countries, this clarity is particularly valuable. “The Abu Dhabi Civil Family Court’s professionalism and streamlined process have further boosted confidence, making registration straightforward and transparent — removing any complexity that used to surround such agreements,” she adds.

“As a lawyer, we see an increased number of couples approach us for this, saying they view a prenuptial agreement as ‘future planning,’ not ‘planning for failure’ which is a very encouraging mindset shift,” says Iqbal.

What a prenup can cover in the UAE

Under the UAE’s civil system, couples can agree on a wide range of financial terms, including:

• Ownership and division of assets acquired before or during the marriage

• Spousal maintenance or alimony

• Debt responsibilities and financial management during the marriage

• Business and property interests

• The choice of governing law (for example, specifying which country’s law applies in case of divorce)

However, Iqbal clarifies that any clauses relating to children, such as custody or visitation, “will remain subject to the child’s best interests, as determined by the Court.”

How to ensure a prenup is enforceable

To make sure an agreement is valid and enforceable, Iqbal recommends following a few essential steps:

• Sign the agreement voluntarily and well before the wedding

• Provide full financial disclosure

• Obtain independent legal advice

• Have the agreement clearly drafted and translated into Arabic (if required)

• Register the document formally with the Abu Dhabi Civil Family Court

“These steps ensure that the agreement is valid, transparent, fair, and reflective of both parties’ genuine intentions,” she explains.

Why business owners should consider a prenup

For entrepreneurs and professionals, Iqbal emphasizes that a prenuptial agreement can be vital protection. “It separates personal and business assets, safeguards company ownership, and prevents future disputes from affecting professional interests,” she says.

“At our firm, we often encourage couples to see and think of a prenup as a form of financial planning rather than a lack of trust,” Iqbal adds. “Just as one would take out insurance for security, a prenuptial agreement is a proactive measure that protects both parties and preserves goodwill within the relationship.”