Nikah Prenuptial

Islamic Prenuptial Agreement

The Nikah contract is the documentation process wherein essential details will be discussed, agreed upon, and documented, including potential issues that may arise after the Nikah. The Nikah contract addresses many matters such as in-depth Mahr details, living arrangements, wealth that an individual will share or keep, and steps to be implemented if there is a divorce to ensure a fair and Islamic process takes place if necessary. We will discuss how arbitration and mediation work in the context of marriage. These types of contracts protect both husband and wife if a severe conflict or divorce occurs. Many judges in the court system highly recommend Islamic arbitration for couples going through separation or divorce.

TLR ADR, LLC tailors the Nikah contracts to ensure that the spouses’ rights, legally and Islamically, are protected. This contract or agreement is commonly called a prenuptial agreement. In simple terms, a prenuptial agreement is a contract that couples enter before marriage that sets forth the division of assets in the event of a death or divorce. A prenuptial agreement must be fair. That means there must be full disclosure of both the husband’s and the wife’s assets. Under Texas law, the prenuptial agreement must be entered voluntarily and signed by the couple. It is strongly encouraged that the couple each seek individual counsel to go over the agreement before signing. A prenuptial agreement would not be enforceable if either spouse were forced into the agreement or did not fully disclose their assets. The assets that are divided in the event of a divorce are assets that are acquired during the marriage. This includes inheritance or any gift given to either spouse individually. Property, whether personal or land, that was owned by either spouse before marriage is separate property and will not be subject to any division in the event of a divorce.

A prenuptial agreement cannot provide for nor limit child support or the children’s rights. Prenuptial contracts or agreements only apply to property.
The top reasons that spouses enter into a prenuptial agreement are usually to protect separate property, spousal maintenance or alimony, and division of the marital estate.
Let us be honest. No one marries expecting a divorce. What a prenuptial agreement provides is a piece of mind that property acquired during the marriage will be divided with fairness. This division is done in accordance with Islamic and Texas state laws.
For more information, please visit our website or contact us at https://tlradr.org/contact-us/ and select the option “Pre-Nuptial Agreement”