A prenuptial agreement is a legal instrument often created before or right at the start of a marriage to determine how assets are divided. Prenuptial agreements are a prevalent practice that usually occurs during a formal separation or divorce. Its goal is to get the spouses or prospective spouses to agree on a specific asset allocation now before a potentially tense scenario arises when a marriage ends.
A prenup, also known as a prenuptial agreement in the UAE, is a marital contract that specifies how a couple’s funds would be handled in the event of a divorce. A prenup is often requested when one party has gained substantial fortune before the marriage. One or both parties may use a prenuptial agreement to safeguard their financial interests should the marriage fail.
Are prenuptial agreements lawful and legal in the United Arab Emirates?
Unless explicitly safeguarded by a prenuptial agreement, your assets become marital assets when you marry in the UAE and will be considered for a split during divorce proceedings. Prenuptial agreements are popular among UAE couples because they restrict future claims, particularly those involving property and real estate, which helps couples avoid time-consuming and expensive litigation.
Advantages of having a notarized prenup at the beginning of your marriage
Do you have questions about prenuptial agreements? Making a prenuptial agreement early on in a relationship, with the assistance of an experienced prenup lawyer, is highly advised since it guarantees that the parties come to an understanding.
When an agreement on financial matters would otherwise be impossible to envisage, it helps to make future divorce processes smoother. That is not to suggest that having a prenuptial agreement makes disputes about how to divide assets disappear. Despite the frequent arguments, it nonetheless aids in easing this shift.
Is a premarital agreement need to be notarized by both spouses for it to be legally binding and have an impact? It is one of the premarital agreement questions that often come up about the accurate and legitimate conclusion of a prenuptial agreement. To put it another way, is a prenuptial agreement’s notarization necessary for its legality?
No, it is a quick response. Because the prenuptial agreement is not a notarized document, there is no need to have it notarized. However, it does not imply that the agreement is not notarized in some circumstances. For instance, it is strongly advised to have the prenuptial agreement notarized if it specifies a transfer of real estate property as part of the division of assets between the couples. Additionally, given the extent of the notarization procedure for prenuptial agreement forms, having a premarital agreement notarized makes it more challenging to contest its legitimacy subsequently.
Is it advisable to Notarizing a Prenuptial Agreement?.
The Notary Public Dubai who witnesses a direct signature on a document confirms the signers’ identities and looks for any red flags indicating the parties are not acting freely or in their legal capacity. It becomes difficult for one of the signers to subsequently claim that they weren’t there at the signing, that they were coerced into signing, or that they could not provide their consent if a document is signed before a notary public.
So, although not required, notarization is recommended while obtaining a prenuptial agreement. If both couples get the prenup notarized, it will probably be enforceable in court and have the desired results. The disputing of a signature lengthens the divorce process and delays the couples’ personal and financial situation, even if it is unlikely to succeed. Strained and tense relationships become much more so when conflict is introduced to an already challenging and contested process.
What could take place if notarizing a Prenuptial Agreement is not done?
The lack of a notarized prenuptial agreement may allow one spouse to attempt to disregard or evade the original financial rights, expectations, or demands that were agreed upon. One method for ensuring that the agreement is meaningless is to dispute the signer’s identification. There are potentially limitless strategies. In contrast, one of the spouses can attempt to deprive the other spouse of rights that have already been established or try to gain more assets through the divorce than they are legally entitled to. A legal and wills struggle then breaks out in the divorce.
How may Notary Public Dubai assist you?
Notary Public Dubai conclude by advising this additional layer of protection based on the many benefits of the notarizing a prenuptial agreement. place a strong emphasis on the necessity to manage and safeguard the notary journal with care while discussing the responsibilities of the notary public in carrying out their notarial functions. Years after the prenuptial agreement’s signing, when it’s time to enforce its terms, it could be used as evidence that the notarization took occurred.
Contact at Notary Public Dubai to learn more about notarizing prenuptial agreements in Dubai.