There are no provisions related to Pre-nuptial agreements in the Personal Status Law of the UAE although a Pre-Nuptial agreement will be drafted as per the Civil Transaction law which is enforceable in the courts during a matter of Divorce.
It is vital to ensure that the pre-nuptial agreement is carefully drafted and that it complies with the Sharia Law principles and morals because the provisions of the agreement may only be considered by the court if it does not conflict with the provisions of the UAE law. Pre-nuptial are considered void or voidable as is dependent upon its enforceability.
The UAE court can only consider a pre-nuptial agreement during the process of divorce therefore to ensure that the court enforces the agreement during a divorce will depend on the court. However, there are various factors which can be shown to proof that the pre-nuptial was properly executed, one such example would be to show that parties have mutual agreed to enter into the agreement without any due coercion and with full knowledge of its terms.
Unlike any other form of agreement, preparing a pre-nuptial should be drafted keeping in mind the importance of marriage and consider matrimonial aspect of the family.
Parties should be made aware of the pros and cons of entering into a pre-nuptial agreement since there is always an emotional element attached to such an undertaking. Looking on the safe side preparing a pre-nuptial agreement can eliminate a considerable amount of confusion if the spouses feel that their rights and interest will be withered. The spouses can ensure that they have define their role through the marriage this can eliminate most of the arguments. Moreover, the spouses can allocate their desired financials through defining pre-hand before the marriage.
The husband and wife who are preparing to marry should also be aware that such an agreement can result in a loss of love and affection between the parties as one might feel that they are merely entering into an agreement rather than a marital relationship, this can be have a negative effect towards the marriage as well as loss of trust between the parties involved.