Michael and Sophie both came into the marriage with considerable wealth and Sophie wants to enter into a Post Nuptial Agreement...
Michael and Sophie have been married for 4 years and have 1 child. The parties married in UK. Michael is a UK Citizen and Sophie is a Serbian National. They moved to Dubai 2 years ago just before the birth of their daughter. Michael and Sophie both came into the marriage with considerable wealth and Sophie wants to enter into a Post Nuptial Agreement to ensure that both parties’ assets are protected in the event of a divorce. The parties intend to live in Dubai for the foreseeable future.
Post nuptial Agreements are written agreements by couples made after a marriage. The aim is to deal with what should happen to each parties’ assets after divorce. Post-nuptial Agreements are not strictly binding in all jurisdictions however, many Courts have ruled that where agreements are freely entered into by each party, with a full appreciation of the implications, the Courts will hold the parties to the Post nuptial agreement unless it would be obviously unfair to do so.
The UAE Courts should uphold the post nuptial agreements as it would supplement the marriage contract and would be drafted so as not to offend Sharia Law.
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