Is a Prenup Legal in the UAE?

What does “legal” mean for a prenup in the UAE?

When people ask, “Is a prenup legal?”, they usually mean:

• Can we sign one in the UAE?
• Will it still count if we divorce or separate?
• Will UAE courts or an UAE authority recognise it?

This is an important point: the UAE does not treat prenups exactly like some countries, where they are automatically binding in a divorce.

In the UAE, a prenup is usually treated as a contract (or marital agreement). And like any contract, it can be challenged if it is:

• unclear,
• unfair,
• signed under pressure,
• or against the UAE public policy.

The UAE has more than one path for marriage and family matters

This is where many couples get confused.

In the UAE, marriage and family matters can follow different legal routes depending on:

• who the couple is,
• their religion,
• and where the case is handled (forum/jurisdiction).

For example, non-Muslim couples may use civil family procedures in Abu Dhabi.

1) Abu Dhabi Civil Family Court (non-Muslim civil marriage route)

Abu Dhabi Civil Family Court allows couples to submit a marriage/prenuptial agreement as part of the civil marriage process. It is not mandatory.

The court also provides a standard template, and the stated service fee is AED 950.

Practical takeaway:
If you are eligible for the Abu Dhabi civil marriage route, this gives you a clearer process for preparing and formalising a prenup/marriage agreement.

If you’re planning a civil marriage in Abu Dhabi, see our step-by-step ADJD guide covering eligibility, required documents, fees, and the court process

2) Federal civil personal status framework for non-Muslims

The UAE has also introduced federal civil personal status rules for non-Muslims, which modernised how marriage and divorce can be handled for non-Muslim residents.

Practical takeaway:
Non-Muslim couples now have more civil-style options than before. But the agreement still needs to be properly drafted and aligned with UAE public policy if you want it to hold up later.

3) General UAE court approach (contract rules + public policy)

A prenup made privately (even outside Abu Dhabi’s civil marriage process) may still be used in the UAE.

However, it is usually looked at through:

• contract validity rules, and
• public policy considerations.

Practical takeaway:
This is why copied templates (especially from other countries) often create problems.

What helps a prenup hold up better in the UAE?

There is no “magic clause” that makes a prenup impossible to challenge.

But these factors usually make it much stronger and more reliable:

1) Clear scope and realistic terms

The agreement should be clear and balanced. If it sounds extreme (for example, “one person gets everything” or one side gives up too many rights), it becomes easier to challenge later.

2) Full financial disclosure

One of the biggest reasons prenups fail is missing or hidden financial information.

A good prenup should clearly list:

• assets owned before marriage
• business shares/interests
• savings and investments
• debts, loans, and guarantees

This helps show transparency and fairness.

3) Sign early (not right before the wedding)

Signing too close to the wedding can lead to claims of pressure or a lack of proper time to review.

Best practice: sign it weeks before the wedding, after both people have had time to understand it.

4) Follow the right format and signing steps

If the prenup will be used in a UAE process, it should be in the correct format.

Depending on the situation, this may include:

• correct wording,
• language requirements (sometimes Arabic or bilingual documents),
• witnessing,
• notarisation,
• or submission through the right authority.

This is one reason the Abu Dhabi Civil Family Court’s template/process can be helpful.

5) Independent advice for both parties

This is one of the best ways to reduce future disputes.

If both people had the chance to get independent advice, it would become harder later for someone to say:

• “I didn’t understand what I was signing,” or
• “I was pressured.”

For a complete overview of prenups in the UAE, read our full guide: Prenuptial Agreement in UAE: A Complete Guide for Couples

Process: How to Make a Prenup Valid in the UAE

A prenup can be legal in the UAE, but the process matters a lot.

Whether it holds up later often depends on how it was prepared, signed, and documented.

Here’s a simple process most couples follow:

Simple steps to prepare a prenup in the UAE from financial disclosure to making the prenup official.

1. Confirm your marriage route and Emirate
2. Prepare full financial disclosure (assets + debts)
3. Decide what the prenup will cover (property, debts, financial arrangements)
4. Draft the agreement in UAE-appropriate terms (avoid generic templates)
5. Sign early and make sure both parties understand it (avoid pressure)
6. Formalise it through the relevant authority (when needed, e.g., Abu Dhabi civil marriage process)

What can you include in a UAE prenup?

Most prenups in the UAE focus on financial clarity, such as:

• protecting pre-marital assets (property, savings, business interests)
• How assets bought during marriage will be treated
• How debts will be handled
• support/maintenance principles (where appropriate and reasonable)
• treatment of gifts and inheritances
• What happens to jointly owned property

This matches how these agreements are usually looked at in practice, mainly as financial arrangements between spouses.

What you should NOT rely on a prenup to decide

Even if your prenup includes many clauses, some areas are limited by law and public policy.

1) Child-related terms

Courts generally decide child-related issues based on the child’s best interests at the time of separation.

So, clauses that try to permanently decide custody in advance may not be accepted.

2) Anything against the UAE public policy

If a clause conflicts with UAE public policy, that clause may be ignored — and in some cases, it can weaken the overall agreement.

Want to create a prenup in the UAE with the right guidance?

POA.ae supports couples with prenup drafting, document preparation, and process support in the UAE.

FAQs

1) Is a prenup legal in Dubai and across the UAE?

A prenup can be used in Dubai and across the UAE, but whether it will hold up depends on:

• where it is used,
• how it is drafted,
• and whether it follows the correct process.

For a clearer procedure, Abu Dhabi Civil Family Court specifically allows submission of a marriage/prenup agreement and provides a template and service fee.

2) Can we do a prenup if we’re already married?

That is usually called a postnuptial agreement (postnup).

The same general idea applies: it should be drafted carefully so it can stand up if challenged later.

3) Can expats use a prenup from their home country?

Sometimes, but it is risky to assume it will work in the UAE “as is.”

Cross-border prenups depend on things like:

• the jurisdiction involved,
• governing law clauses,
• and whether the terms conflict with UAE public policy.

4) Is a prenup mandatory for Abu Dhabi civil marriage?

No, Abu Dhabi Civil Family Court states that couples can submit a marriage/prenuptial agreement, but it is not mandatory.

5) How much does it cost to submit a prenup in Abu Dhabi civil marriage?

Abu Dhabi Civil Family Court indicates an additional AED 950 fee for the marriage agreement service/notarisation.

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