Antenuptial Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need an Antenuptial Agreement drafted for a Saudi-American couple where the wife owns multiple international businesses, and we need to ensure her business interests are protected while complying with both Saudi law and Sharia principles."

Document background
An Antenuptial Agreement is a crucial legal document used in Saudi Arabia prior to marriage to establish clear terms and protect the rights of both parties entering into matrimony. This document is particularly important in cases involving significant assets, business interests, or specific conditions that the parties wish to establish before marriage. It must comply with both Saudi Arabian civil law and Islamic Sharia principles, incorporating mandatory elements such as mahr provisions while allowing for additional terms as permitted by law. The agreement serves as a binding contract that outlines financial arrangements, property rights, and mutual obligations, providing clarity and legal protection for both parties. It's especially relevant in modern Saudi society where complex financial arrangements and international assets may be involved, while still maintaining adherence to traditional Islamic marriage requirements.
Suggested Sections

1. Parties: Identification of the prospective husband and wife, including full legal names, ages, nationalities, and ID numbers

2. Background: Brief context of the agreement and confirmation that both parties enter into it freely and with full capacity

3. Definitions: Key terms used in the agreement, including Islamic terms and their legal meanings

4. Islamic Marriage Requirements: Confirmation of compliance with Islamic marriage requirements, including presence of wali (guardian) and witnesses

5. Mahr (Dowry) Provisions: Detailed specification of both the immediate (muqaddam) and deferred (mu'akhar) mahr amounts and payment terms

6. Financial Arrangements: Agreement on financial responsibilities and arrangements during marriage

7. Property Rights: Specification of separate and joint property rights, including pre-existing assets and future acquisitions

8. Rights and Obligations: Mutual rights and obligations of the spouses according to Sharia and Saudi law

9. Termination Provisions: Conditions and procedures in case of dissolution of marriage, including financial settlements

10. Governing Law: Confirmation that the agreement is governed by Saudi law and Sharia principles

11. Execution: Formal execution requirements, including witnesses and official authentication

Optional Sections

1. Business Interests: Protection of business interests and commercial assets, used when either party owns business interests

2. Children from Previous Marriages: Arrangements regarding existing children from previous marriages, if applicable

3. Special Conditions: Any specific conditions agreed upon by the parties, such as continued education or employment rights

4. International Assets: Provisions for handling international assets and properties, used when parties have assets in multiple jurisdictions

5. Inheritance Arrangements: Special arrangements regarding inheritance beyond standard Sharia provisions, if permitted

6. Polygamy Provisions: Conditions and terms regarding potential future marriages, if the parties wish to address this

7. Delegation of Divorce Rights: Provisions for delegating divorce rights to the wife (tafwid al-talaq), if agreed upon

Suggested Schedules

1. Schedule 1: Asset Schedule: Detailed inventory of each party's pre-marriage assets and their agreed values

2. Schedule 2: Mahr Details: Detailed description and documentation of mahr, including any physical items or properties

3. Schedule 3: Property Documentation: Copies of property ownership documents and valuations referenced in the agreement

4. Schedule 4: Business Assets: Details of any business interests and their agreed treatment

5. Appendix A: Required Legal Documents: Copies of required identification documents, certificates, and legal permissions

6. Appendix B: Witness Declarations: Formal declarations from witnesses and the marriage official (ma'thun)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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