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Dubai, UAE

Are postnuptial agreements between Hindu couples enforceable in Dubai?

Dear sir/madam,

Are postnuptial agreements between Hindu couples enforceable in Dubai?

Are they litigated as Civil lawsuits or as Personal Status lawsuits (Article 62 of Personal Status law talks about the division of family home after divorce)?

Will Hindu laws apply or Shariah?

For example, if there is a clause in the postnuptial agreement stating that the wife will pay a portion of the child's education costs and this is acceptable according to Hindu Maintenance Law, but conflicts with Shariah law, what will a Dubai judge do?

Please help.

Thank you!

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Maryam Alyassi Advocates and Legal Consultants
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26 Jan 2023, 06:21

Dear questioner,

I hope you are doing well!

With regard to your query, kindly be informed that post-nuptial agreements are not strictly binding in all jurisdictions.

However, an attempt can be made to enforce them if they are reasonable and do not offend Sharia law.

For detailed advice regarding the same, provide me with the agreement, and feel free to contact me via phone or email.

Bin Eid Advocates & Legal Consultants
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1 Feb 2023, 10:52

Yes, Hindu laws can be applied and the UAE also has a civil law for non-Muslims in the matter of divorce.

You may also demand to enforce the postnuptial agreement.

Please call or WhatsApp me for further consultation.

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