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Prenuptial Agreement
"I need a prenuptial agreement outlining asset division for a couple with combined assets of $500,000, specifying individual debt responsibility, and including a clause for spousal support waiver after 5 years of marriage."
What is a Prenuptial Agreement?
A Prenuptial Agreement is a legal contract made between future spouses before their marriage under Saudi Arabian Sharia law. It lets couples clearly define their financial rights, property ownership, and asset distribution rules before they tie the knot.
In the Kingdom, these agreements must align with Islamic principles and can cover matters like mahr (dowry), financial responsibilities, and property rights. While less common in Saudi culture than in Western countries, prenuptial agreements provide important protections for both parties, especially in cases involving business assets or inheritance considerations.
When should you use a Prenuptial Agreement?
Consider a Prenuptial Agreement when significant assets or business interests are involved before marriage in Saudi Arabia. This legal tool proves especially valuable for business owners, professionals with established careers, or individuals with substantial inheritance expectations who need to protect their wealth while adhering to Sharia principles.
The agreement becomes particularly important in cases involving family businesses, multiple properties, or investments across different sectors. It helps prevent future disputes by clearly documenting each spouse's financial rights and obligations early on. Many Saudi couples now use prenuptial agreements when merging family wealth or protecting business partnerships.
What are the different types of Prenuptial Agreement?
- Pre Marriage Agreement: Traditional prenuptial agreement signed before marriage, covering basic financial rights and mahr details
- Post Prenuptial Agreement: Modified agreement created after marriage to address new assets or changed circumstances
- Nuptial Agreement: Comprehensive version covering both financial and non-financial matters, including business interests and inheritance expectations
- Post Nup Agreement: Detailed post-marriage contract focusing on wealth protection and business interests
- Prenuptial Agreement After Marriage: Specialized version for couples needing to formalize arrangements after their wedding
Who should typically use a Prenuptial Agreement?
- Future Spouses: The primary parties who initiate, negotiate, and sign the Prenuptial Agreement, defining their financial rights and obligations
- Family Law Attorneys: Draft and review agreements to ensure Sharia compliance and protect clients' interests
- Islamic Scholars: Provide guidance on religious compliance and compatibility with Islamic principles
- Business Valuators: Assess and document the worth of business assets included in the agreement
- Family Business Advisors: Help structure agreements to protect family enterprise interests and succession plans
- Court Officials: Register and authenticate agreements according to Saudi legal requirements
How do you write a Prenuptial Agreement?
- Asset Inventory: Compile detailed lists of properties, investments, and business interests for both parties
- Financial Documentation: Gather bank statements, property deeds, and business ownership records
- Mahr Details: Document the agreed dowry amount and payment terms following Islamic principles
- Future Plans: Outline expected inheritance, business expansion, or property acquisition plans
- Religious Compliance: Ensure all terms align with Sharia law requirements
- Legal Translation: Prepare documents in both Arabic and English if needed
- Authentication Plan: Arrange for official registration and notarization with Saudi courts
What should be included in a Prenuptial Agreement?
- Party Information: Full legal names, ages, and nationalities of both spouses
- Mahr Declaration: Clear statement of dowry amount, payment terms, and conditions under Sharia law
- Asset Schedule: Detailed listing of pre-marriage properties and financial holdings
- Financial Rights: Specific terms for asset distribution, maintenance obligations, and inheritance rights
- Business Provisions: Clauses protecting family businesses and commercial interests
- Islamic Compliance: Statement confirming agreement adheres to Sharia principles
- Signature Block: Space for both parties' signatures, witnesses, and official authentication
- Court Registration: Requirements for official recording with Saudi authorities
What's the difference between a Prenuptial Agreement and an Asset Purchase Agreement?
A Prenuptial Agreement differs significantly from an Asset Purchase Agreement in Saudi Arabia, though both deal with property rights. While they may seem similar when business assets are involved, their purposes and applications are quite distinct under Islamic law.
- Timing and Duration: Prenuptial Agreements are made before marriage and last throughout the marriage, while Asset Purchase Agreements are one-time transactions for specific property transfers
- Scope of Coverage: Prenuptials focus on marital rights, mahr, and future asset distribution under Sharia law, whereas Asset Purchase Agreements strictly handle business property transactions
- Legal Framework: Prenuptials must comply with both family law and Islamic principles, while Asset Purchase Agreements follow commercial law standards
- Parties Involved: Prenuptials are between future spouses, while Asset Purchase Agreements typically involve business entities or unrelated parties
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