Secure Your Future – Why agreements can save your marriage
UAE / Family Law
Dipali MaldonadoSenior Counsel,Private Client Services
Ali ZakariaSenior Associate,Private Client Services
Hend Al MehairiAssociate,Private Client Services
The foundation of any strong relationship is built on trust and understanding. However, even the most aligned couples can encounter issues that require legal intervention in the UAE, where customs and traditions intertwine with modernity. For this reason, serious consideration must be given to putting in place well-drafted agreements (prenups or postnups) to protect each individual’s interests and ensure a smooth resolution between the couple in case of disputes. There are numerous benefits of having legal agreements in the UAE:
Minimizing Conflict: Legal agreements help minimize conflict by setting clear expectations and guidelines from the outset. This proactive approach can significantly reduce fear of the unknown and misunderstandings and promote a harmonious relationship.
Financial Security: Legal agreements provide financial security for both parties by addressing asset distribution, alimony, and child support. They ensure that each partner's rights and obligations are adequately protected.
Streamlined Resolution: In the unfortunate event of a separation, a legal agreement can make the process more manageable and less stressful. The agreement serves as a roadmap for resolving disputes, saving time and money in the process.
Protecting Children's Interests: For couples with children, legal agreements like custody and child support arrangements ensure that the children's needs are met and their interests are safeguarded.
In this article, we'll explore the various types of legal agreements couples in the UAE can consider to protect their assets and manage their expectations about their future and the future of their children, including marriage agreements, divorce agreements, custody agreements, and child support agreements.
A marriage agreement, commonly referred to as a prenuptial, premarital, or, in some cases, postnuptial agreement when it is registered after the conclusion of marriage, is a legally binding contract established between two individuals before or during their marriage.
A marriage agreement, commonly referred to as a prenuptial, premarital, or, in some cases, postnuptial agreement when it is registered after the conclusion of marriage, is a legally binding contract established between two individuals before or during their marriage. The primary purpose of this agreement is to delineate the division of assets, financial responsibilities, and other relevant matters in the event that the marriage dissolves through divorce or separation.
Although discussing the possibility of divorce may be perceived as uncomfortable or taboo, having a well-constructed and transparent marriage agreement can offer significant benefits for both partners. By taking a proactive approach to addressing potential financial concerns, couples can encourage open communication and set realistic expectations for their relationship.
A comprehensive marriage agreement typically covers various aspects, such as:Division of assets: The agreement clearly outlines how assets acquired before and during the marriage will be divided in the event of a divorce. This can include real estate, personal property, investments, and even inheritances.
Debts and liabilities: In addition to assets, the agreement addresses any debts or liabilities that each partner may bring into the marriage, as well as those that may accumulate during the marriage.
Alimony or spousal support: The agreement may specify if one partner is entitled to receive alimony or spousal support from the other, as well as the duration and amount of such support.
It is essential to mention that postnuptial agreements are another type of marriage agreement, drafted and executed after the couple is already married. These agreements serve a similar purpose as prenuptial agreements, addressing the division of assets and financial responsibilities in case the marriage ends.
It is unfortunate that not all marriages endure, and when a couple decides to separate, a well-considered divorce agreement becomes crucial in navigating the process. This essential document addresses vital aspects such as property division, child support, spousal alimony, and children relocation, creating a clear, mutually agreed-upon framework for both parties.
Choosing a comprehensive divorce agreement over lengthy court battles offers numerous advantages. It saves valuable time, money, and emotional energy, fostering a more amicable environment for the couple. This approach is particularly beneficial when children are involved, as it promotes stability and reduces stress associated with contentious separations.
A custody agreement is a legal document that outlines the terms and conditions of child custody between two parties, typically the parents of the child. This agreement is necessary when parents are separating or divorcing, and they want to ensure that the child's best interests are being taken care of.
The custody agreement is designed to provide clarity and consistency for both parents and children. It details who will have legal and physical custody of the child, when the child will be with each parent, how decisions about the child will be made, and how disputes will be resolved.
There are several reasons why a custody agreement is needed. Firstly, it provides a clear understanding of the rights and responsibilities of each parent. This ensures that both parents are aware of their obligations and can make informed decisions about their child's upbringing.
Secondly, a custody agreement can help minimize the impact of the separation or divorce on the child. By providing consistency and stability, the child is less likely to feel the negative effects of the separation or divorce.
In addition, a custody agreement is legally binding, which means that both parents are required to comply with its terms. If either parent fails to comply with the agreement, legal action can be taken to enforce it.
Child support agreements are essential for ensuring that the children’s financial needs are met following a separation or divorce. These agreements outline the responsibilities of each parent in terms of monetary contributions, as well as any other expenses like education, healthcare, and extracurricular activities. A well-defined child support agreement can prevent financial disputes, minimise costs, save time and ensure that the children's needs are always prioritized.
In a rapidly evolving world, it's essential for couples in the UAE to take a proactive approach to securing their future. Legal agreements like marriage, divorce, custody and child support agreements provide a solid foundation for a harmonious relationship and offer invaluable protection in times of uncertainty. By investing in a tailored legal agreement today, you can enjoy peace of mind and focus on building a strong, loving partnership. But in the event that proves impossible at any point, then both parties will have clarity on the road ahead.
For further information,please contact Dipali Maldonado or Ali Zakaria.
Published in September 2023
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