Sharjah is one of the most prosperous and flourishing states of the United Arab Emirates. It has also adopted the policy of modernization; therefore, they have introduced the prenuptial and postnuptial agreements. It serves as the key element in facilitating foreign couples in Sharjah. Ask The Law also offers the top lawyers in Emirate of Sharjah. You consult them online.
The recent developments have redefined the financial arrangement between the spouses. It also protects the personal assets of the couple within the marriage.
However, they are not explicitly codified in the UAE law but the UAE courts recognized them as crucial legal criteria. It becomes instrumental for residents and expatriates to understand these concepts.
Prenuptial agreements Vs Postnuptial Agreements
Prenuptial agreements are defined as the contracts that are signed or solemnized before marriage that outline the crucial facets.
It may provide details about the distribution of assets, wealth, debts, and finances. It may also talk about the segregation of financial responsibilities in case of marriage dissolution.
Consequently, the postnuptial agreements are the contracts that are established after the marriage is solemnized. Nevertheless, it is signed to serve more clarity and precision regarding crucial matters like financial responsibilities, obligations, and much more.
It is a way to prevent the risk of potential disputes. It also redefined the events of separation and divorce to avoid conflicts.
The recognition of prenuptial and postnuptial agreements in Sharjah is pivotal. They are not explicitly discussed in detail within the Personal Status Law but they are honored in UAE courts.
Inside Sharjah, these agreements are considered during the divorce proceedings if they meet certain legal criteria. The agreement should be in written form and is properly signed by both of the parties.
Secondly, both the parties have entered into the prenuptial or postnuptial agreement voluntarily. There is no involvement of force or coercion.
Additionally, there is complete and full-fledged disclosure of assets, property, and liabilities. It should be done by both of the parties.
The terms of the contract must not contravene the Sharia principles or public order in any manner. The enforceability of prenuptial and postnuptial agreements in Sharjah can differ. However, the UAE courts have the discretion in considering their terms and conditions.
Prenuptial and postnuptial agreements in Sharjah are meaningful for couples. It assists them in proactively handling their financial affairs more effectively. It also protects their assets against misuse or exploitation.
However, it is not explicitly described in the UAE law but the UAE courts recognized its significance. The agreement should meet specific criteria to remain valid and legal.
In this manner, the agreements will be valid, fair, and enforceable. It offers great ease and peace of mind to the couples who are entering the marital journey.
Legal Framework of Sharjah
Sharjah is the Emirate of UAE that follows the federal laws specifically the personal status laws (Federal law no 28 of 2005. They administer family matters such as marriage, divorce, custody, alimony, inheritance, and many other issues. The UAE laws are applied to Emirati citizens and expatriates as well.
Furthermore, these personal status laws are applicable to everyone with exceptions for non-Muslim expatriates.
They are permitted to opt for their home country’s laws in personal matters. However, for the application, there are specific provisions and clauses for non-Muslims to adhere to.
Factors to Consider
While formulating such agreements, there are certain factors to consider. There should be full-fledged and complete asset and debt disclosure.
There is a need for full transparency that allows the agreement to remain valid and legitimate. In case of failure of the disclosure of all financial information, it will make the agreement invalid.
UAE courts will be assessing the Fairness and Equity of such agreements. The terms and conditions that are heavily favoring any 1 party will be deemed unjust, unfair, and not enforceable.
Furthermore, Child custody and support are often related to prenuptial and postnuptial agreements in Sharjah. Normally, these agreements are enforceable. However, the UAE courts prioritize the welfare and best interest of the child.
Moreover, there are legal formalities involved in these agreements. They must be adequately notarized. Additionally, they should be translated into Arabic as per the needs of the UAE courts. Translation increases the validity of the agreement.
Seek the services of a family lawyer in Sharjah:
It is advisable to engage an experienced family lawyer in Sharjah. They are experts in drafting prenuptial and postnuptial agreements for residents and expatriates in the city.
Moreover, they have an understanding of the federal laws and Personal status laws that govern such matters. These professionals possess a deeper knowledge of the UAE laws along with the provisions and clauses involved.
They ensure the agreements are compliant with the local and federal laws and also fulfill the legal specifications. Besides, it also vividly articulates the provisions to prevent ambiguities.
It also ensures the agreements are fairer and equitable for both of the parties. Family lawyers in Sharjah have the capabilities and experience to deal with international clients.
It offers a range of benefits to expatriates who aim to align the prenuptial and postnuptial agreements in Sharjah. It is ensured that they are in line with the home country’s laws and also with the UAE legal system.
Often the clients turn towards the professional Family lawyers in Sharjah for their legal expertise. They offer them a broad range of specialized legal services that have been assessed with intentional experience.
They provide useful legal support that assists in drafting agreements and represent the clients in court procedures.
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