- Legal Articles
- Ask Elhais
March 02, 2017|
Question: I am a western woman living in the UAE. I am considering marrying an Arab man but want to make sure that the marriage (which would be out of love) does not affect my earnings before the marriage and my retirement provisions, which are in the USA and Canada. I have been married before and I am concerned about the finances. I am willing to be a supportive wife and do what is necessary but I also want to secure my assets. Should I get a lawyer to draft a prenuptial agreement?
Answer: UAE law does not have the provision for a prenuptial agreement but you will be pleased to know that the law does state that a husband cannot claim any assets his wife has acquired from her earnings, whether these earnings were made before or after the marriage. In case you are concerned about your husband trying to apply his own laws in the divorce process, which could give him such rights, you could also add a special clause in your marriage contract under clause No. 20/1 of UAE Personal Status Law No. 28 of 2005, which states that "husbands shall adhere to their conditions except any conditions that sanction anything prohibited or forbid anything permissible". It is important to also consider Article No. 20/6, which states that "in case of denial, no conditions shall be valid except if it is expressly provided for in the legalised marriage contract". It is at the discretion of the court whether they accept the clauses or request it to be amended. Another alternative to safeguard your assets would be to have a postnuptial agreement signed by you and your husband after the marriage. It could come in the form of a separate agreement signed on any date after the marriage, even the next day. This postnuptial agreement can also be called a settlement agreement.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.