Prenuptial agreements are becoming more and more popular throughout the Gulf as a sensible premarital measure.

This is especially true in the United Arab Emirates, where legal reforms have facilitated the drafting, recognition, and enforcement of legislation.  Legal experts believe prenuptial agreements can frequently lessen the resentment and legal mayhem that occasionally ensue, even while they cannot stop a marriage from dissolving and may still carry a social shame.

Abu Dhabi's introduction of Law No. 14/2021 on Personal Status for Non-Muslim Foreigners in 2021 and Resolution No. (8) of 2022, which established a legal framework for civil marriages, marked a watershed.  For the first time, civil contracts that were not governed by Islamic norms allowed non-Muslim couples-mostly foreigners-to get married.

"Prenuptial agreements can be signed prior to marriage because the ceremony is civilly based," said Tyne Hugo, Senior Associate at the law firm BSA.  Previously unavailable or unclear from a legal standpoint, couples can now customize their financial arrangements from the beginning.

"They desire that people remain.  Naturally, they want to be able to appeal to their cultural traditions if they are seeking to draw in foreigners. Prenuptial agreements are frequently utilized before marriage, particularly in the west, Tyne continued.

Since millions of foreigners from a wide range of cultural backgrounds call the United Arab Emirates home, officials have been working harder to make the country feel more like a permanent residence rather than a temporary one.  "The UAE needs to accommodate their cultural norms in order to draw in foreigners, and in the West, prenuptial agreements are not only common but expected," Tyne continued.

Gaining knowledge from experience

Even though prenuptial agreements cannot ensure a successful marriage, they are frequently an effective way to lessen the emotional and legal consequences of a failed union.

According to BSA, in a recent divorce case they handled, the couple was able to reach a financial deal peacefully despite the lack of a prenuptial agreement.  According to Tyne, it isn't always the case.  Couples have fought over everything, including the silverware, in divorces that we have witnessed.  Emotions rather than assets are frequently at the center of these types of conflicts.

In contrast, prenuptial agreements usually result in less arguments and quicker settlements.  Because there is clarity about how assets will be divided and the couples' respective responsibilities, "in cases where there have been prenuptial agreements, the fighting tends to be far less severe."

Tyne continued, "There is clarity, and that clarity helps prevent needless legal battles."

Maha A., a Lebanese designer who married last year, had one such incident.  She added, "I was taken aback when my fiancé proposed a prenuptial agreement."  "I was hurt at first.  However, he clarified that the goal was to protect one another, not to get ready for a divorce.  We wanted to be clear that we each have different assets.  Ultimately, it gave me a sense of security.

According to her, the approach also made them have challenging but necessary discussions about their spending patterns, savings objectives, and possible hazards.  "It was responsible, but it wasn't romantic."

A protective instrument

Prenuptial agreements are becoming more widely accepted as a tool for mutual understanding and clarity rather than as a danger to marriage, despite the fact that they are still a touchy subject in certain households.

According to the Tyne, prenuptial agreements can specify how assets are maintained during a marriage in addition to how they are divided in the event of a divorce.  In order to protect themselves from one another's financial obligations, partners can choose to create separate or shared estates.  The other can make sure their assets are shielded from creditors in the event that one individual incurs debt.

Personalized fit rather than cultural conflict

Perceptions of prenuptial agreements are still influenced by cultural differences.  The notion of writing a contract before to marriage may seem like an admission of mistrust or skepticism in more traditional households.

According to Tyne, certain cultures would view this as a betrayal of the ideals of marriage.  However, a prenuptial agreement's great thing is that it can be completely altered.  Any cultural or religious values that the couple feels are significant can be reflected in it.

However, prenuptial agreements are being viewed differently by younger couples, particularly those who have dual nationality or were reared in more international settings.

According to Rania F., a certified marital and family therapist in Dubai, "couples are starting to realize that love and legal planning are not mutually exclusive."  "A prenuptial agreement simply indicates that you are mature enough to discuss money, expectations, and personal boundaries before issues arise; it does not imply that you anticipate a divorce."

In premarital counseling, Rania saw that more clients are now inquiring about prenuptial agreements, especially when one partner had a business, children from a prior marriage, or substantial debt.