The National - News

Prenuptial agreements and how your assets are protected in divorce

- HASSAN ELHAIS Lawyer

Q My fiancee and I plan to marry. We both hold African and European passports. I own assets in Dubai and I am planning to invest more money into them. I want to make sure my fiancee is not granted any of my assets if we get divorced because I worked hard to earn them. Could I get a prenuptial agreement?

A UAE family law does not include prenuptial agreements. Under UAE law, your fiancee would not be able to claim any share of assets you bought before the marriage. Neither will your fiancee be able to receive any further income generated from such assets, unless they have contribute­d to their purchase.

My husband and I are Muslim, and were married in Dubai Courts two months ago. I am his second wife and we do not have children. Recently we began having a lot of disagreeme­nts and have decided not to continue the marriage. We have agreed to a mutual divorce. My husband offered to sign a divorce contract in Dubai Courts, but before I sign, that I would like to know what my rights are. Your rights shall be as following:

1. If your contract indicates that there is a payment on divorce as a dowry, then it has to be paid.

2. If your husband did not financiall­y support you from the date of your marriage, you have the right to claim that and you have the right to agree with him how and when he pays it.

3. He has to pay you three months of financial support.

It is important to note that you have the right to waive the above listed rights fully or partially, or to agree with your husband on any payment plan suitable to both parties. You can even sign the divorce without financial agreement, which gives you the future right to file financial claim against him. The court will not direct the parties on what they do with their settlement unless they ask it to.

If you have a question for our legal consultant, email media@ profession­allawyer.me with the subject line “Family Matters”

Under UAE law, your fiancee would not be able to claim any share of assets you bought before the marriage

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