Changer: Getting married in the UAE? Here’s what your prenup should include, according to a top family lawyer

Thinking about a prenup before a civil marriage in Abu Dhabi or elsewhere in the United Arab Emirates (UAE) has become commonplace, according to family lawyer Samara Iqbars, founder of Aramas International lawyers.

A separation agreement, or marriage contract, is a legal document signed before marriage that outlines how the couple’s assets, debts and financial obligations will be managed during the relationship and in the event of a divorce.

In the UAE, such agreements are recognized by the International Court of Abu Dhabi and organized by international couples with various relationships. IQBALS said Prenups are now part of early financial planning for many residents.

“It’s not about expecting to fail. It’s about peace of mind and clarity,” she said.

Here’s his checklist of what’s important and why it’s important.

Differentiate between integrated vs

Make a list of each party that you own before the marriage. That can include a company, property, savings and investments. Make it clear that this is always separate and cannot be bound by the other spouse. Explain what will count jointly in the future, such as a home you buy together or a joint account for the two of you.

Full financial disclosure and independent legal advice

Each party must disclose tangible assets and liabilities and receive separate legal advice. This reduces the risk that the court later finds the agreement signed without understanding or under pressure.

“Both sides should know what to say and be represented by their lawyers,” Iqbal said. “You can’t just sign something without disclosure and later say you didn’t know. The court won’t accept that.”

Debts and loans

Mention that personal loans remain personal unless both parties co-sign the loan. Clarify responsibility for credit cards and other debts to avoid disputes later. Iqbal said many couples overlook this stage until problems arise.

“I always tell clients to be clear from day one. Your debts are your debts without both of these funds. You shouldn’t end up dealing with someone else’s debt after a divorce,” she said.

Children and Family Support Expectations

While a prenup doesn’t have everything to decide on children, couples often have set expectations regarding education, housing and monthly support if the relationship ends. IQBALS said some agreements create educational prospects or specify that one spouse will provide a home for the caregiver and primary children.

Choice of Forum for any future divorce

Couples marrying in Abu Dhabi can agree that any future divorce will be filed there, or they can call another forum. Choosing a venue early can reduce costly fights later on.

Provision for former children

When your spouse has children from a previous relationship, explain how those obligations will be handled and how that relates to any support for future children together.

Practical living arrangements and expenses

You can include expectations about who pays what during the marriage, such as school fees or household expenses. These Clauses provide a reference point if you later set the agreement after the peak.

Signing Mechanics

Follow local practice. Make sure both parties sign voluntarily after disclosure, with attorneys present. Keep a clean paper trail and register the agreement with the appropriate court when advised to do so.

“You can’t rush a prenup the day before the wedding and expect it to catch on,” Iqbal said. “Both parties must have time to review it properly. There must be evidence that they understand and freely agree.”

Why is this before marriage rather than after

Iqbal said prenups are easier than postnups. When you are married and share property or have children, conversations become more complicated and emotions can run high.

“It’s always easier before marriage,” she said. “When couples are married and have joint assets or children, writing a post gets more emotional and more detailed.”

Many couples are now completing a will and prenup at the same time, especially those with assets in multiple countries.

“A will covers what happens in death. A prenup covers what happens in life,” said Iqbal. “It’s a matter of original planning, not dishonesty.”

This comes as the family court of Abu Dhabi records more than 15,000 marriage applications this year. Most of these couples are entrepreneurs who see the UAE as a long-term base and choose to set clear financial and family goals from the start.