Marriage is a legal and social union of a man and a woman that gets regulated by social norms, culture, rules and laws. The marriage laws in the UAE require you to register your marriage in the UAE courts for them to be validated and accepted in the UAE as well as the home country.
The institution of marriage in the UAE is governed by Sharia law. Marriage is a legal bond between two parties involved in it which allows them to have a lawful relationship with each other. According to article 365 of the UAE penal code, it is illegal for a man and a woman to live together unless they are married to each other. Violation of this rule may lead to imprisonment of the involved individuals and deportation may also be given if the involved parties are expats. If two people are in love and intend to stay together, then they must get married as per the rules set by the Dubaicourtmarriage.
What is a marriage contract?
A marriage contract is a written document between a bride and a groom or a husband and a wife. It can be made either before the marriage or after the marriage of a couple. Another name of a marriage contract is called a prenuptial agreement. It deals with the terms and conditions of a marriage when the husband and wife are staying together as well as when they get separated or divorced. It cannot deal with the issues of the children. The children’s issues are decided when a couple goes in for a divorce.
The prenuptial contracts are enforceable as long as the bride and the groom have signed the same and do not sign another agreement nullifying the current contract.
Why are prenuptial/marriage contracts important in the UAE?
The idea of making a marriage contract or a pre-nuptial contract may not be acceptable much by two people in love with each other and considering marrying each other. However, it might be essential for a couple especially if they are belonging to different nationalities and religions. UAE is a place where the expat population is significantly large and people from all over the world come here for finding a job and getting settled. Therefore, a prenuptial agreement may help the expats in getting the terms and conditions of a marriage laid down before they tie the knot so that it does not cause a dispute later.
Essential conditions for a valid marriage contract in the UAE
Three prerequisites for a valid marriage are outlined in Article 38 of the UAE’s Personal Status Law. A marriage contract consists of the following elements:
1. The Two contracting parties to the marriage (the husband and the Tutor):
Article 39 states that the Tutor of the capacitated woman shall continue with her marriage with her approval, and the religiously authorized official shall get her signature on the contract. The Tutor must be a Muslim man with good reasoning skills and not restricted from pilgrimage (Hajj). In marriage, the Tutor is the father, followed by the agnates in the following order: son, brother, uncle.
Without a tutor, the contract is null and void. If the marriage is completed, the couples are separated, and the born child’s affiliation is determined.
2. The Object:
The object of a Muslim marriage is to legalize offspring and to control and legitimize sexual encounters to a significant degree. It is both a social and religious institution, in addition to being a civil contract. The following are some of the Marriage’s Objects
(1) the control of sexual desire;
(2) the organization of family life;
(3) the expansion of the family
(4) the maintain discipline in the care and duty of the wife and children
(5) the education of moral youngsters.
3. Offer and Acceptance of the marriage proposal
Article 41 of the Personal Status Law states that a legal marriage must include the following:
- To begin, one party must propose, and the other party must accept it, and
- There must be a specific reference to “marriage”.
3. When an offer is accepted, the parties must preserve their capacity until a contract is created, whether expressly or implicitly matching the terms of the offer.
4. Sharia Law requires that the proposal and acceptance be made in the presence of two (2) competent male Muslims who have attained puberty or one male and two female witnesses who are both sane adults and Muslims.
Tips to write a marriage contract in the UAE
The following things must be kept in mind while writing a marriage contract in the UAE
- The contract should be drafted in a way that the words in the agreement do not offend Sharia law in any way.
- The agreement should be signed by both the parties as well as the witnesses
- The contract should be drafted properly so that there are no changes later on and the points of the contract are thoroughly thought upon as any mistake here may lead to costly litigation.
Advantages of a marriage contract
Like any other contract or agreement, there are advantages and disadvantages of a marriage contract as well. The advantages of the marriage contract are as follows-
- They avoid arguments and disagreements once the couple decides to move out or take a decision to divorce each other.
- The couple can make a financial arrangement in advance as they know already who has to pay for what.
- The couple can protect their business.
- If either of the couples has significant debts, the marriage contract can protect the other person from the obligations of the debt post marriage.
- Partner support can be decided during the marriage as well as post-divorce.
Disadvantages of a marriage contract
The disadvantages of a marriage contract are as follows
- The contracts may pose a threat to the trust that lies between a couple considering that they are going to start their life with an agreement that states what will happen post-separation.
- If a couple is in love with each other, they may accept certain terms and conditions of the contract irrespective of if it’s in their interest or not just to marry the person they love. This may cause complications later on in life when they are thinking of getting separated or divorced.
Ideally, the marriage contract should be signed 21-28 days following the signing of the marriage contract. In case of any dispute arising during the period, the court may intervene and may declare the agreement to be invalid. So, if a marriage contract has to be made, one must consult experienced lawyers and professionals. At Dubai court marriage, have the expertise to formulate a marriage contract with the terms and conditions in place as per the nationality of the bride and the groom.
