Prenups in UAE: Why more couples are signing contract before marriage

Across the Gulf, more couples are now choosing prenuptial agreements as a practical step before marriage. This is particularly happening in the UAE, where legal reforms have made them easier to draft, recognise, and enforce laws. While prenups can’t prevent a marriage from breaking down — and may still carry a social stigma, legal experts say they can often reduce the bitterness and legal chaos that sometimes follow.

A turning point came in 2021, when Abu Dhabi introduced Law No. 14/2021 on Personal Status for Non-Muslim Foreigners, followed by Resolution No. (8) of 2022, establishing a legal framework for civil marriages. For the first time, non-Muslim couples, mostly expats, could marry under a civil contract, independent of religious laws.

“As the ceremony is civilly based, it effectively allows for prenuptial agreements to be signed before marriage,” explained Tyne Hugo, Senior Associate, from law firm BSA. “Couples now have the opportunity to tailor their financial arrangements from the outset, something that was previously unavailable or legally ambiguous.”

With the UAE home to millions of expatriates from diverse cultural backgrounds, officials have increasingly worked to make the country feel like a long-term home, not just a stopover. “To attract foreigners, the UAE must cater to their cultural norms, and in the West, prenups are not only common but expected,” Tyne added.

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Learning from experience

While prenups can’t guarantee a marriage will succeed, they often serve as a powerful tool to reduce emotional and legal fallout if it fails.

BSA shared that in one recent divorce case they handled, there was no prenup in place, but the couple was still able to amicably negotiate a financial agreement. “That’s not always the case,” Tyne said. “We’ve seen divorces where couples fought over everything, including the cutlery. These kinds of disputes are often more about emotions than assets.”

By contrast, couples who sign prenups typically experience less conflict and faster resolutions. “There’s clarity,” Tyne added, “and that clarity helps prevent unnecessary legal battles.”

One such experience was of Maha A., a Lebanese designer who got married last year. “I was surprised when my fiancé suggested a prenup,” she recalled. “At first, I felt hurt. But he explained it wasn’t about preparing for divorce, it was about protecting each other. We both have separate assets and wanted to keep things clear. In the end, it actually made me feel more secure.”

She said the process also forced them to have difficult, but important, conversations about spending habits, savings goals, and potential risks. “It wasn’t romantic, but it was responsible.”

A tool for protection

Although still an uncomfortable topic in some families, prenups are increasingly being viewed not as a threat to marriage but as a means of clarity and mutual understanding.

“Prenups don’t just deal with how assets are split in case of a divorce; they can also outline how assets are managed during the marriage,” the Tyne noted. “Partners can decide whether to have joint or separate estates and shield themselves from each other’s financial liabilities. If one person goes into debt, the other can ensure their assets are protected from creditors.”

Custom fit, not culture clash

Cultural differences still shape how prenups are perceived. In more conservative families, the idea of signing a legal agreement before marriage can feel like an admission of doubt or distrust.

“Some cultures may see this as a betrayal of what a marriage is supposed to be,” Tyne said. “But the beauty of a prenup is that it’s entirely customisable. It can reflect any cultural or religious values the couple deems important.”

Yet younger couples, especially those from dual-nationality backgrounds or raised in more globalised environments, are seeing prenups in a new light.

“Couples are beginning to realise that love and legal planning are not mutually exclusive,” said Rania F., a licensed marriage and family therapist based in Dubai. “A prenup doesn’t mean you expect a divorce, it just means you’re mature enough to talk about money, expectations, and personal boundaries before problems arise.”

Rania noted that more clients are now asking about prenups during premarital counselling, particularly when one partner owns a business, has children from a previous marriage, or carries significant debt.