Thinking about a prenup before a civil marriage in Abu Dhabi or elsewhere in the United Arab Emirates (UAE) is becoming normal, according to family lawyer Samara Iqbal, founder of Aramas International Lawyers.
A prenuptial agreement, or marriage contract, is a legal document signed before marriage that outlines how a couple’s assets, debts and financial responsibilities will be handled during the relationship and in the event of a divorce.
In the UAE, such agreements are recognised by the Abu Dhabi Civil Family Court and can be tailored for international couples with multi-jurisdictional ties. Iqbal said prenups are now part of early financial planning for many residents.
“It is not about anticipating failure. It is about peace of mind and clarity,” she said.
Here is her checklist of core elements and why they matter.
Separate property vs joint property
List what each party already owns before the wedding. That can include a company, property, savings and investments. State clearly that these remain separate and cannot be claimed by the other spouse. Define what will count as joint in future, such as a home you buy together or a joint account you both fund.
Full financial disclosure and independent legal advice
Each party should disclose material assets and liabilities and receive separate legal advice. This reduces the risk that a court later finds the agreement was signed without understanding or under pressure.
“Both sides should know what the other owns and be represented by their own lawyers,” Iqbal said. “You cannot just sign something without disclosure and later say you didn’t know. The court will not accept that.”
Debts and loans
State that personal debts remain personal unless both parties sign for a joint loan. Clarify responsibility for credit cards and other liabilities to avoid disputes later. Iqbal said many couples overlook this section until problems arise.
“I always tell clients to be clear from day one. Your debts are your debts unless they are in both names. You should not end up responsible for someone else’s loans after a divorce,” she said.
Children and family support expectations
While a prenup cannot pre-empt everything a court might decide about children, couples often set expectations about education funds, housing and monthly support if the relationship ends. Iqbal said some agreements create trusts for education or specify that one spouse will provide a home for the primary carer and children.
Forum selection for any future divorce
Couples who marry in Abu Dhabi can agree that any future divorce will be filed there, or they can name an alternative forum. Picking a forum in advance can limit expensive jurisdiction fights later.
Provision for prior children
Where either spouse has children from a previous relationship, spell out how those obligations will be handled and how that interacts with any support for future children together.
Practical living arrangements and costs
You can include expectations about who pays what during the marriage, such as school fees or household costs. These clauses provide a reference point if you later draft a post-nuptial agreement.
Signing mechanics
Follow local practice. Ensure both parties sign voluntarily after disclosure, with lawyers present. Keep a clean paper trail and register the agreement with the relevant court when advised to do so.
“You cannot rush a prenup the day before the wedding and expect it to hold,” Iqbal said. “Both parties must have time to review it properly. There should be evidence that they understood and agreed freely.”
Why do this before the wedding rather than after
Iqbal said prenups are simpler than postnups. Once you marry and share property or have children, negotiations become more complex and emotions can run higher.
“It is always easier before marriage,” she said. “Once couples are married and have joint assets or children, drafting a postnup becomes much more emotional and detailed.”
Many couples now complete a will and a prenup at the same time, particularly those with assets in multiple countries.
“The will covers what happens on death. The prenup covers what happens in life,” Iqbal said. “It is early planning, not a lack of trust.”
This comes as Abu Dhabi’s Civil Family Court records more than 15,000 civil marriage applications this year. Many of these couples are expatriates who see the UAE as a long-term base and are opting to set clear financial and family safeguards from the start.
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