Summary:
In my publication this week, I explain about the asset protection at the time of divorce and the rights of the wife in the divorce contract to have a mutual divorce.
Question
My fiancée and I plan to marry. We both hold African and European passports. I own assets in Dubai and I am planning to invest more money into them. I want to make sure my fiancee does not granted any of my assets if we get divorced as I worked hard to earn them. Could I get a prenuptial agreement?
Answer
The UAE Family law does not include prenuptial agreement. As per the UAE, law your fiancee would not be able to claim any shares from your assets purchased before the marriage. Neither will your fiancee be able to receive any further income generated from such assets, unless they have contributed to their purchase. However, you do have an option for a postnuptial agreement available for you, which may make your divorce procedure and future settlement foreseeable for both of you.
Question
My husband and I are Muslim and were married in Dubai Courts two months ago. I am his second wife and we do not have children. Recently we began having a lot of disagreements and have decided not to continue the marriage anymore. We have agreed to have a mutual divorce. My husband offered to sign a relevant divorce contract in Dubai Courts but, before I sign, that I would like to know what my rights are.
Answer
Your rights shall be as following:
1. If your contract indicates that there is a payment upon divorce as a dowry, then it has to be paid;
2. If your husband did not financially support you from the date of your marriage, you have the right to claim that and you have the right to agree with him how and when he pays it;
3. He has to pay you 3 months financial support.
It is important to note that you have the right to waive the above listed rights fully or partially or to agree with your husband on any payment plan suitable for both parties. Even if you wish, you can sign the divorce without financial agreement, which gives you the future right to file financial claim against him. The court shall not direct the parties on what shall they do with their settlement unless such request is raised by one of them.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.