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Post Nuptial Agreement for United Arab Emirates

Post Nuptial Agreement Template for United Arab Emirates

A Post Nuptial Agreement under UAE law is a formal legal contract executed between spouses after marriage to establish their financial and property rights. The document operates within the framework of UAE Federal Law No. 28 of 2005 (Personal Status Law) and must comply with both civil law principles and, where applicable, Sharia law requirements. For non-Muslim expatriates, the agreement can incorporate provisions under Federal Decree-Law No. 33 of 2021. The document addresses property division, financial obligations, inheritance rights, and other marital affairs, providing a clear framework for the couple's financial relationship during marriage and in the event of divorce.

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What is a Post Nuptial Agreement?

A Post Nuptial Agreement is a crucial legal document for married couples in the UAE who wish to establish clear terms regarding their financial relationships and property rights after marriage. This document becomes particularly relevant for high-net-worth individuals, business owners, or couples who have acquired significant assets during their marriage. The agreement must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and consider both civil law and Sharia principles where applicable. For non-Muslim expatriates, recent reforms under Federal Decree-Law No. 33 of 2021 provide additional flexibility in structuring these agreements. The document typically covers property division, financial obligations, business interests, inheritance rights, and dispute resolution mechanisms, offering security and clarity for both parties while respecting UAE legal requirements.

What sections should be included in a Post Nuptial Agreement?

1. Parties: Identification of both spouses, including full legal names, nationalities, Emirates ID numbers, and current residential addresses

2. Background: Details of the marriage including date and place of marriage, applicable legal regime (Sharia or civil law for non-Muslims), and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including property classifications, income types, and other relevant terminology

4. Legal Framework: Specification of the governing law (UAE law) and any applicable religious or civil law considerations

5. Existing Marital Property: Declaration and classification of all existing assets and liabilities of both parties as of the agreement date

6. Future Property Rights: Agreement on how future assets and income will be treated and divided

7. Financial Obligations: Ongoing financial responsibilities of each spouse, including maintenance obligations

8. Debt Allocation: Agreement on responsibility for existing and future debts

9. Dispute Resolution: Procedures for resolving any disputes arising from the agreement, including jurisdiction and applicable courts

10. Amendment and Termination: Conditions and procedures for modifying or terminating the agreement

11. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force

12. Execution: Signature requirements, including witness and notarization provisions

What sections are optional to include in a Post Nuptial Agreement?

1. Business Interests: Provisions dealing with existing or future business ownership and management - include when either spouse owns or may establish a business

2. Inheritance Rights: Specific provisions regarding inheritance matters - particularly relevant for non-Muslim expatriates who wish to opt out of Sharia inheritance rules

3. Children's Provisions: Arrangements regarding existing or future children's financial support - include when there are children or planning for future children

4. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property - include when either spouse has significant IP assets

5. Retirement Benefits: Treatment of pension and retirement accounts - include when parties have substantial retirement assets

6. Gift and Inheritance Treatment: Handling of gifts and inheritances received during marriage - include when significant gifts or inheritances are expected

7. Religious Obligations: Specific religious requirements or obligations - include for Muslim couples or when religious considerations are important to the parties

What schedules should be included in a Post Nuptial Agreement?

1. Schedule A - Asset Register: Detailed inventory of all existing assets owned by either party, including property, vehicles, investments, and valuables

2. Schedule B - Liability Register: Comprehensive list of all existing debts and financial obligations of both parties

3. Schedule C - Business Assets: Detailed description of any business interests owned by either party, including valuations

4. Schedule D - Property Deeds: Copies or details of property ownership documents referenced in the agreement

5. Schedule E - Financial Disclosure: Detailed financial statements from both parties, including income, assets, and liabilities

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, including marriage certificate and identification documents

7. Appendix 2 - Valuations: Professional valuations of significant assets mentioned in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
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