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Abu Dhabi, UAETuesday 21 August 2018

UAE family matters Q&As: how to protect your assets in a divorce

A reader asks if she can divorce her husband of two months and another asks how to protect themselves in case of divorce

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 fiancée does not granted any of my assets if we get divorced as I worked hard to earn them. Could I get a prenuptial agreement?

The UAE Family law does not include prenuptial agreement. As per the UAE, law your fiancée 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.

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.

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.

If you have a question for our legal consultant, email media@professionallawyer.me with the subject line "Family Matters".

Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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