UAE Marriage Contract Requirements: An In-Depth Guide to Legal Aspects of Marriage, Prenuptial Agreements, Polygamy, and Succession

UAE Marriage Contract Requirements: A Comprehensive Legal Analysis of Marriage, Prenuptial Arrangements, Polygamy and Succession in the United Arab Emirates

Estimated reading time: 25 minutes

Key Takeaways

• As of the current date, the Federal Decree-Law No. 41 of 2024 on Personal Status forms the primary personal status regime for Muslims across the United Arab Emirates; Federal Decree-Law No. 41 of 2022 on Civil Personal Status governs non-Muslim residents outside Abu Dhabi; and Abu Dhabi Law No. 14 of 2021 on Personal Status for Non-Muslim Foreigners remains applicable within the Emirate of Abu Dhabi.
• Sharia-based UAE marriage contract requirements include Ijab and Qabul, guardian consent, dowry and witness rules.
• Western-style prenuptial agreements have limited legal effect under Sharia-based personal status rules; however, under the civil personal status regime for non-Muslims and pursuant to the conflict-of-laws provisions of Federal Law No. 5 of 1985 concerning Civil Transactions, as amended, United Arab Emirates courts may apply the foreign law chosen by the spouses to govern the financial effects of marriage, provided that such law does not conflict with public order in the United Arab Emirates.
• Polygamy remains permitted for Muslim men with strict equity obligations among wives and clear planning for mahr and succession.
• Non-Muslim succession under Federal Decree-Law 41/2022 and Abu Dhabi Law 14/2021 grants testamentary freedom and gender-equal inheritance.

I. Introduction – UAE Marriage Contract Requirements and Purpose of this Analysis

The expression “UAE marriage contract requirements” now denotes a technically sophisticated and rapidly developing body of formalities, conditions and registration procedures. As of 3 February 2026, The legal framework consists of the Federal Decree-Law No. 41 of 2024 on Personal Status, which replaces Federal Law No. 28 of 2005 and is effective from 15 April 2025, Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims, and Abu Dhabi Law No. 14 of 2021 on Personal Status for Non-Muslim Foreigners, as applicable in the Emirate of Abu Dhabi.

This Article provides a practitioner-level analysis on five interlocking themes: formal requirements and registration; prenuptial agreement validity; polygamy implications; multi-regime personal status application; and death and inheritance succession planning.

II. Legal Framework Governing Personal Status in the United Arab Emirates

A. Federal Decree-Law No. 41 of 2024 and Federal Law No. 28 of 2005

The Federal Decree-Law No. 41 of 2024 on Personal Status now governs personal status matters for Muslims and repeals Federal Law No. 28 of 2005 on Personal Status, providing updated statutory provisions for marriage requirements, divorce, child custody and related matters, including UAE marriage contract requirements and mahr.

B. Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims

Enforced since 1 February 2023, this law establishes a secular marriage and inheritance regime for non-Muslims outside Abu Dhabi, with equality of spouses, an authentication judge and civil divorce.

C. Abu Dhabi Law No. 14 of 2021 for Non-Muslim Foreigners

Lex specialis for non-Muslim foreigners in Abu Dhabi, this law provides a bilingual family court, minimum marriage age of 18, equal inheritance and no-fault divorce.

D. Civil Transactions Law and Choice-of-Law: Article 13

Federal Law 5/1985 governs conflict-of-laws. Article 13 allows UAE courts to apply foreign personal status or property regimes if chosen by parties and consistent with public order.

III. UAE Marriage Contract Requirements under the Sharia-Based and Civil Regimes

A. Essential Conditions for Valid Marriage Contracts for Muslims

Muslim marriages require legal capacity, free consent, Ijab and Qabul, guardian consent where needed, two qualified witnesses and absence of impediments.

B. Witness Requirements and Capacity

Two adult Muslim male witnesses of sound mind must attest to the Ijab and Qabul. Defects can render the marriage void or voidable.

C. Prohibited Degrees of Kinship and Affinity

Both permanent and temporary impediments, including ascendants, siblings and breastfeeding relations, must be absent for a valid contract.

D. Dowry (Mahr) as an Inalienable Right of the Wife

Mahr comprises a prompt and deferred portion, enforceable upon divorce or death. Civil regimes allow analogous contractual payments.

E. Contractual Conditions and Their Limits

Permissible conditions include residence and work clauses. Waivers of core Sharia rights, like maintenance, are void.

F. Formalities for Conclusion, Documentation and Recognition of Marriages

Muslim contracts before a judge or Mazoon; civil marriages before an authentication judge. A foreign marriage that is to be recognised in the United Arab Emirates must be legally attested and accompanied by a certified translation into Arabic for court or Personal Status Department processes.

IV. Marriage Registration Process for Muslims and Non-Muslims

A. Muslims in Personal Status Courts

Pre-application via e-portal, premarital medical exam, Family Guidance review, contracting before Mazoon or judge, electronic certificate issuance.

B. Non-Muslims under Decree-Law 41/2022 and Law 14/2021

Age and single-status proofs, application to civil court, bilingual digital ceremony, digital certificate. Abu Dhabi process in specialised court.

C. Documentation and Attestation Requirements

Passports, Emirates IDs, residence visas, single-status affidavits; foreign documents legalised and translated for court use.

D. Fees, Timelines and Proxy or Remote Marriages

Standard fees, express services, proxy marriages by POA, limited remote contracting during health restrictions.

V. Prenuptial Agreement Dubai Validity and Contractual Protection

A. Limitations on Western-Style Prenuptial Agreements in Sharia-Based Personal Status

Full waivers of maintenance or housing are void; supplements to statutory rights may be upheld.

B. Recognition of Foreign Prenuptial Agreements under the Civil Transactions Law and Civil Personal Status Regimes

Article 13 and conflict-of-laws enable enforcement of valid foreign agreements if consistent with public order.

C. Postnuptial Agreements and Family Settlements as Alternatives

Postnups can clarify asset ownership, additional benefits and children’s expenses, subject to public-order review (u.ae).

D. Protective Clauses within the Marriage Contract

Embedding deferred mahr or maintenance clauses in the marriage contract can secure enforceable protections under Sharia.

VI. Polygamy Legal Implications in the United Arab Emirates

A. Permissibility and Scope of Polygamy under the Sharia-Based Regime

Muslim men may have up to four wives, each contract meeting all requirements. Civil regimes allow monogamy only.

B. Equity Obligations Among Wives

Husband must maintain equity in financial support, housing and time. Courts enforce enhanced maintenance or separation if obligations are breached.

C. Contractual and Succession-Planning Considerations in Polygamous Structures

Documenting existing wives and calibrating mahr avoids disputes. Succession planning must account for multiple entitlements.

VII. Personal Status Law Application, Choice-of-Law and Recognition of Foreign Marriages

A. Distinguishing Muslim and Non-Muslim Regimes

Muslims under Federal Law 28/2005 and Decree-Law 41/2024; non-Muslims under Decree-Law 41/2022; specialised Abu Dhabi regime for non-Muslim foreigners.

B. Choice-of-Law under the Civil Transactions Law and Special Regimes

Foreign law may govern marital finances if chosen and public order preserved. Agreements and prenuptial clauses are critical.

C. Recognition of Foreign Marriages and Judgments

Valid abroad, not against public order, properly legalised. Foreign divorce and financial judgments can be enforced under judicial cooperation instruments.

VIII. Death and Inheritance Succession Planning in the United Arab Emirates

A. Sharia-Based Succession for Muslims

Estate applies to debts and bequests (≤1/3), then Quranic heirs by fixed shares. Polygamous estates require careful gift and corporate structuring.

B. Secular Succession for Non-Muslims under Decree-Law 41/2022 and Law 14/2021

Testamentary freedom, gender-equal intestacy. Non-Muslims can dispose freely by will, registered with civil courts.

C. Registration of Wills and Administration of Estates

Wills executed per law’s formalities; Dubai and Abu Dhabi free-zone wills registries offer alternative regimes. Personal Status Courts issue inheritance certificates for Muslims.

D. Strategic Succession Planning Tools

Non-Muslims: wills, usufructs, corporate vehicles, guardian nominations; Muslims: lifetime gifts, corporate structuring, permissible bequests.

IX. Practical Guidance and Best Practices

A. Role of Legal Advisers in Structuring Marriage, Prenuptial Arrangements, Polygamy and Succession

Specialised UAE advisers draft compliant contracts, assess prenuptial validity, structure settlements, register wills and model polygamous estates (ProConsult Advocates & Legal Consultants).

B. Comprehensive Documentation and Compliance Checklist

Pre-marriage: choice-of-law, IDs, medical exams, attestation. At ceremony: verify Mazoon/judge, record mahr and conditions. Post-marriage: register, update visas and succession plans.

C. Monitoring Legislative and Regulatory Developments

Track uaelegislation.gov.ae, u.ae, Ministry of Justice circulars. Review existing contracts and wills with law changes.

X. Conclusion – Integrating UAE Marriage Contract Requirements, Prenuptial Arrangements, Polygamy and Succession

The UAE’s multi-layered personal status system demands precise compliance with Sharia and civil formalities. Strategic choice-of-law, tailored marital clauses and proactive succession planning transform potential uncertainties into robust legal frameworks aligned with client objectives.

FAQ

What are the core UAE marriage contract requirements under Sharia?

They include legal capacity (≥18 lunar years), free Ijab and Qabul, guardian consent for underage or certain women, two qualified witnesses, absence of impediments and agreed mahr.

Can non-Muslims enforce prenuptial agreements in the UAE?

Yes, under Federal Decree-Law 41/2022 and Abu Dhabi Law 14/2021 or via Article 13 of the Civil Transactions Law, valid foreign agreements may be recognized if consistent with public order.

How is polygamy regulated for Muslim men?

Permitted up to four wives, with strict equity in maintenance, housing and time. Courts enforce claims for enhanced support or separation where obligations are breached.

What inheritance rules apply to non-Muslims?

Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 grant testamentary freedom, gender-equal intestacy and recognition in free-zone and civil court wills registries.