Cohabitation in the UAE: Legal Realities and Practical Considerations
Real Estate & Construction and Hotels & Leisure Foucs
Shabana SaleemSenior Associate (Barrister),Private Client Services
As the UAE continues to position itself as a global hub for investment and lifestyle, there has been a notable shift in social and legal norms. One such area of evolving interest is cohabitation — where unmarried couples live together, often with intertwined financial and property arrangements. With the increasing movement of high-net-worth individuals (HNWIs) into the region, cohabitation agreements are gaining relevance. However, the legal framework in the UAE presents unique challenges and considerations that couples and advisors must carefully navigate.
Cohabitation is on the rise globally, with many couples opting for long-term relationships without formal marriage. While there are jurisdictions that offer legal protections for cohabiting couples, jurisdictions such as England and Wales or the UAE do not have ‘cohabitation rights’ or ‘common law marriages’.
According to recent reports, the number of HNWIs in the UAE surged by 55% over the past decade, reaching approximately 68,000 in 2023.[1]
Due to the significant influx of HNWIs into the UAE, and the potential risk of financial exposure faced by individuals of financial claims on divorce, there is a notable shift toward cohabiting and/or having children outside of marriage. This is particularly so in subsequent marriages following a first marriage that resulted in contentious legal proceedings and high financial orders being made against a party in the absence of a pre or postnuptial agreement.
While formal statistics on cohabitation in the UAE remain limited, our experience from recent enquiries suggests a growing number of couples — particularly expatriates — cohabiting in practice. This trend is amplified by the influx of individuals relocating to the region, who often arrive with existing personal arrangements and seek to establish or continue joint domestic and property commitments without marriage.
Historically, cohabitation in the UAE was an immediate criminal offence under Article 356 of the former Penal Code (Federal Law No. 3 of 1987). The introduction of Federal Decree-Law No. 31 of 2021 (the “2021 Penal Code”) resulted in the act of cohabitation being decriminalised. Under Articles 409 and 410 of the 2021 Penal Code, consensual cohabitation between unmarried adults is no longer automatically criminalised.
Instead, the 2021 Penal Code seeks to regulate cohabitation. Criminal proceedings can still be initiated by a guardian or spouse through a private complaint, although such complaints are retractable. If pursued, the offence may result in up to six months' imprisonment. Where a child is born from the relationship and the man fails to acknowledge paternity or marry the woman, imprisonment of not less than two years may apply.
In practice, while the law has become more permissive — particularly when it intersects with family, inheritance, or real estate matters, decriminalisation of cohabitation does not equate to full legal recognition of such relationships that marriage, for example, enjoys.
Given the lack of a formal legal regime for cohabiting couples in the UAE, parties are increasingly executing agreements to privately manage expectations. These so-called "cohabitation agreements" typically set out the financial responsibilities, property entitlements, and arrangements for support or asset sharing during the relationship and in the event of separation.
Such ‘cohabitation agreements’ face significant hurdles to recognition and enforceability under UAE law. Firstly, they cannot be registered in the courts in the same manner as prenuptial or Islamic marriage agreements. Secondly, their validity is often tested under the general principles of contract law found in Federal Law No. 5 of 1985 (the Civil Transactions Law).
Typically, the agreement must satisfy the basic elements of contract formation—offer, acceptance, capacity, and lawful subject matter. Where a cohabitation agreement appears to regulate aspects of the personal relationship itself (e.g., emotional commitments or obligations akin to spousal support), UAE courts may consider those provisions contrary to public policy or morality, potentially rendering them void.
Furthermore, courts may scrutinise whether the agreement involves valid consideration. For instance, a party claiming entitlement to property or financial support may need to show that their contributions—whether in the form of services, caregiving, or property management—constitute a legally recognised exchange under contract law. Where these contributions are not clearly defined or are perceived as linked to the underlying relationship rather than independent obligations, enforceability becomes tenuous.
Due to the significant influx of HNWIs into the UAE, and the potential risk of financial exposure faced by individuals of financial claims on divorce, there is a notable shift toward cohabiting and/or having children outside of marriage.
Despite the legal uncertainties, cohabiting couples—particularly those with shared assets or financial arrangements — remain vested in securing written agreements that try to reduce ambiguity and potential disputes. Advisors play a critical role in guiding clients through these measures.
Nature and Purpose of AgreementsCouples should ensure that any private agreement is framed primarily around property ownership, financial responsibilities, and civil obligations and that terms are not conditional upon the fulfilment of vague personal and/or emotional commitments. It is important to avoid references that mimic spousal, custodian or guardianship roles and/or obligations.
Property AgreementsWhere property is jointly purchased, it is key that the registration of the property reflects the intended distribution of the equity. Alternatively, the wealthier spouse may prefer to execute a separate property agreement that reflects any loan and/or gift arrangements agreed with the cohabiting partner. In any event, the property should specify ownership shares, responsibilities for expenses, sale mechanisms, and the triggering events for disposing of the property and subsequent distribution of equity according to UAE civil law principles (and registered with the relevant land authority if possible).
TerminationIt is also key that the agreement sets out clear termination events and dispute resolution mechanisms (e.g., mediation or arbitration clauses) to help manage legal exposure and avoid ambiguity. Note, however, that certain "morality clauses" (e.g., termination on grounds of "cheating") are unlikely to be recognised.
In our experience, individuals often set out indefinite financial obligations — such as lifelong maintenance or unquantified cost-sharing. Such clauses are difficult to enforce and likely to result in disputes upon separation or following one partner commencing a new relationship.
UAE-Compliant WillTo address succession and inheritance issues, especially where jointly owned property is involved, parties should execute a UAE-compliant will (e.g., registered with DIFC or Abu Dhabi Civil Family Court) to ensure the intended transfer of assets upon death. In this regard, it is critical that cohabiting couples recognise and address potentially vulnerability of a partner in the event of death, where there is no marriage or marital rights to secure inheritance.
Cross-Jurisdictional ImplicationsCouples with international ties must be aware of how cohabitation agreements or property claims could be interpreted in other jurisdictions. In some cases, foreign courts may entertain claims for financial provision based on agreements that would otherwise be unenforceable in the UAE. Any agreement executed in the UAE, may be used to recognise and enforce cohabitation rights overseas pursuant to any foreign laws.
Review AgreementsIf there are any changes in circumstances, or assets, the agreement should be reviewed and, if necessary, replaced with updated written agreement that better reflects the parties’ intentions and minimises residual exposure from earlier arrangements. Periodic review of the agreement is part of effective and best practice estate planning.
The UAE’s legal landscape is gradually growing supportive of modern social arrangements. That being said, cohabitation remains an area of legal ambiguity and potential risk. Couples and advisors must adopt a pragmatic approach —this is a legal minefield which must be navigated with specialist legal advice that provides for a clear, legally binding private agreement structured around civil law principles that can achieve the same or similar objectives of a cohabiting couple.
With careful planning and professional legal advice, many of the risks inherent in cohabitation can be mitigated — protecting both parties’ interests within the boundaries of UAE law.
[1]https://www.khaleejtimes.com/business/finance/uae-leads-in-wealth-market-growth-as-hnwi-influx-surges
For further information,please contact Shabana Saleem and Yehya El Zawahry.
Published in June 2025
