UAE Family Matters Q& A: Are foreign prenuptial agreements binding in the UAE

Q: Are marriages conducted or registered outside the UAE recognised here?

A: For a marriage contracted outside the UAE to be recognised, a marriage certificate should be legalised by the foreign ministry in the country in which the marriage took place, and then attested by the UAE embassy in that country. Further attestations should take place at the Ministry of Foreign Affairs in the UAE.

Q: Which marriages are not recognised, despite being validly attested?

A: In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognised in the UAE. This is because in Islam, certain marriages are not capable of recognition. Examples of these are:

• Marriage between a Muslim man and a woman who is not Muslim, or is Christian or Jewish.

• Marriage between a Muslim woman and a non-Muslim man.

Q: Are prenuptial agreements entered into outside the UAE binding within the UAE?

A: If a Muslim couple wish to rely on a prenuptial agreement legitimately drafted in another jurisdiction, it is likely that the UAE courts would not choose to enforce the terms, especially in relation to children. The contract will be void or voidable if any term in the agreement conflicts with Sharia, 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.

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