Post Prenuptial Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement to be drafted by March 2025 that addresses my ownership of multiple international businesses and properties across Saudi Arabia and the UAE, ensuring Sharia compliance while protecting my spouse's interests in case of my death or incapacity."

Document background
The Post Prenuptial Agreement is a specialized legal instrument used in Saudi Arabia when married couples wish to formally establish their financial and property rights after their marriage has taken place. This document becomes particularly relevant when there are significant assets, business interests, or complex financial arrangements that need to be clearly defined between spouses. It must carefully balance modern financial planning with Islamic principles and Saudi Arabian law, including the Personal Status Law of 2022 and Sharia requirements. The agreement typically covers property division, financial obligations, business interests, inheritance considerations, and dispute resolution mechanisms. It requires careful drafting to ensure compliance with both civil and religious requirements, often necessitating input from both legal professionals and religious authorities. This document is particularly important for high-net-worth individuals, business owners, or couples with international assets.
Suggested Sections

1. Parties: Identification of both spouses with their full legal names, addresses, and Saudi ID numbers

2. Background: Details of the existing marriage, including date and place of marriage, and reason for creating this post-nuptial agreement

3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property, mahr, and other relevant Islamic terms

4. Compliance Declaration: Statement confirming the agreement's compliance with Sharia law and Saudi regulations

5. Separate Property Rights: Detailed provisions regarding property owned separately by each spouse and how it will remain separate

6. Joint Property Rights: Provisions regarding jointly owned property and how it will be managed

7. Financial Obligations: Details of ongoing financial responsibilities of each spouse, including maintenance obligations

8. Business Interests: Provisions regarding any business ownership and management rights

9. Inheritance Rights: Acknowledgment of Sharia inheritance laws and any permissible agreements regarding additional bequests

10. Dispute Resolution: Procedures for resolving disagreements, including reference to Saudi courts and appropriate religious authorities

11. Governing Law: Explicit statement of Saudi law and Sharia principles as governing law

12. Amendment Provisions: Procedures for modifying the agreement in the future

13. Severability: Provisions ensuring that if any part is found invalid, the rest remains in force

Optional Sections

1. Child Custody and Support: Include when the couple has children, addressing custody arrangements and financial support in accordance with Sharia law

2. Intellectual Property Rights: Include when either spouse owns significant intellectual property

3. International Assets: Include when either spouse owns property or assets outside Saudi Arabia

4. Business Succession: Include when either spouse owns a business and wishes to address succession planning

5. Digital Assets: Include when addressing ownership and rights to digital assets and cryptocurrencies

6. Religious Obligations: Include specific religious commitments if agreed upon by both parties

7. Educational Provisions: Include when addressing future educational commitments for either spouse or children

Suggested Schedules

1. Schedule A - Separate Property Inventory: Detailed list of each spouse's separate property and assets

2. Schedule B - Joint Property Inventory: Detailed list of all jointly owned property and assets

3. Schedule C - Financial Obligations: List of existing debts, loans, and financial commitments of each spouse

4. Schedule D - Business Assets: Detailed inventory of business interests and their agreed valuation

5. Appendix 1 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

6. Appendix 2 - Religious Certification: Documentation from relevant religious authorities confirming Sharia compliance

7. Appendix 3 - Legal Opinions: Any relevant legal opinions regarding specific provisions of the agreement

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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