ALL >> Legal >> View Article
Validity Of Pre And Post Nuptial Agreements: Mr. Hassan Elhais

Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
To what extent are pre and post nups binding within the jurisdiction?
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere. Within the marriage contract is a section which allows for a dowry (‘Meher’) to be specified. The dowry is the payment of a sum of money/ valuables to the wife, paid partly on marriage (the Mokadam) and partly in the event of divorce/ husband’s death. The dowry must be present in the contract to ensure its legal validity. The marriage contract has been compared to a pre nuptial agreement because of the dowry, but it is far from this. There are restrictions as to what can be included within the marriage contract, those that are contrary to public order or Islamic Shari’a will not be included.
Some wives may use the Dowry term to give them a bargaining position, and agree to receive a lesser dowry on alternative terms to ...
... their benefit. The marriage contract is negotiated and agreed by the husband and the wife’s father or other male guardian, often with the benefit of legal advice (although this is not required).
If a Muslim couple wish to rely on a pre-nuptial agreement validly drafted in another jurisdiction, it is likely that the UAE courts would not choose to enforce the terms especially in relation to children. This is because under Sharia law a couple could not enter into an agreement concerning children that have not yet been born.
The contract will be void or voidable if any term in the agreement conflicts with Islamic Shari’a, public order or morals in the UAE (Article 27 Civil Procedure Law). Public order is defined at Article 3 Civil Procedure as ‘matters relating to personal status’. This means that any terms in the contract that are against or conflicting with UAE morals (for example reference to unmarried cohabiting couples) would be void.
Resource:http://professionallawyer.me/legal-articles/family-law/Validity-of-Pre-and-Post%3A-Nuptial-Agreements
After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.
Add Comment
Legal Articles
1. Can I Sell A Texas Property With A Quitclaim DeedAuthor: Carl Glendon
2. Trademark Registration In Delhi For Brand Protection
Author: Rajesh Gole
3. Spain Embassy Attestation Dubai: Documents, Requirements And Process
Author: World Attestation
4. How Do The Best Law Firms In Hyderabad Handle Complex Legal Disputes?
Author: seo
5. When Two Companies Disagree Over The Accounts, A Court Expert May Matter
Author: AY Advocates
6. Best Immigration Consultants In Dubai For Europe: A Simple Guide
Author: Reliance Immigration
7. Data Privacy Lawyer: Protecting Your Personal And Business Information
Author: Data privacy Counsel
8. The Best Legal Referral Is One That Saves The Client From Repeating Everything
Author: The Law Reporters
9. How To Choose The Right Divorce Lawyer In Delhi For Your Family Matters
Author: VIVS LEGAL
10. Filing A Dubai Rental Dispute Requires More Than Uploading A Tenancy Contract
Author: The Law Reporters
11. Best Ba Llb Coaching In Kolkata: How To Prepare For Integrated Law Entrance Exams
Author: Amrita
12. Subletting A Commercial Unit Can Create Problems Before The New Occupant Moves In
Author: AY Advocates
13. Award Winning Law Firm In Dubai
Author: Kaden Boriss
14. Commercial Dispute Resolution In India: Arbitration Vs Litigation For Businesses
Author: Mantra Jha
15. How Can You Find The Best Lawyers For Accident Claims In Hyderabad?
Author: seo






