From Nikah to Waqf: Your Complete FAQ Guide

Anyone can get a Prenuptial Agreement, no matter how much money you may or may not have. This is especially true if you want your marriage to abide by Islamic law. The Shariawiz Islamic Prenuptial Agreement is the only Islamic Prenuptial Agreement available online.

If you want your Prenuptial Agreement to be enforceable in the event of a divorce, then each of you must disclose all of your assets. That is because most states require "full disclosure" or even "full and fair disclosure" of finances prior to the signing of a Prenuptial Agreement. If one or both of you fail to disclose all of your assets, then a court may find your Prenuptial Agreement to be invalid and unenforceable since one party may have had unfair advantage in agreeing to the terms of the Agreement.

Your Shariawiz Islamic Prenuptial Agreement will include a schedule for each of you that will include your assets, your liabilities, and your income. You each will disclose this information during the question process.

The Shariawiz Islamic Prenuptial Agreement was developed by a team of attorneys and Islamic law experts. Your Shariawiz Islamic Prenuptial Agreement is likely to be enforceable if you follow all the right steps in its creation. But, there is no guarantee, even if you hire an attorney to draft your prenuptial agreement.

With any prenuptial agreement, you are striving to create the likeliest chance of enforcement. To do this, you must collaborate and agree on the terms of your Prenuptial Agreement. Neither of you can be forced or coerced into signing. You must disclose all of your assets for a full financial disclosure according to your state's terms. You must sign the Prenuptial Agreement in advance of your wedding, preferably month(s) in advance.

And finally, follow the instructions on your downloaded document to make sure you sign, witness, and notarize according to your state's rules and regulations.

Shariawiz provides the option of waiving attorney representation, but you may bring the draft of your Shariawiz Islamic Prenuptial Agreement to an attorney for review and revision, if you so desire.

Yes, you will need to sign your Prenuptial Agreement in front of a notary, and some states require witness signatures as well. Check the instructions on your downloaded Prenuptial Agreement document to properly sign, witness, and notarize your documents.

Your Prenuptial Agreement should follow the laws of the state where the two of you will be residing once married.

Here's an example. The Groom lives in New Jersey and the Bride lives in Colorado. After the wedding, the Bride and Groom will be living together as a married couple in Groom's house in New Jersey. For that couple, their Prenuptial Agreement should be made per New Jersey's laws.

Citizenship does not affect the validity of a Prenuptial Agreement. Your Prenuptial Agreement should follow the laws of the state where the two of you will be residing once married.

However, if your foreign fiance/fiancée does not speak English as their first language, you may consider having an attorney who speaks their language to review the Prenuptial Agreement with them. If your potential spouse cannot read English, a court may not consider that Prenuptial Agreement valid without proper review and translation from someone who speaks his/her language.

In most states, a lawyer is not required in signing a Prenuptial Agreement. Some states, like California, require an attorney to review the document if you will be waiving spousal support.

It is important that both of you had the opportunity to have the document reviewed by counsel. You are not required to hire an attorney if you don't want to. The Shariawiz Prenuptial Agreement includes a Waiver of Attorney Representation for couples that are not seeking a lawyer's review. However, it is even more important for these couples to sign their Prenuptial Agreement well in advance of the wedding. A court may see a Prenuptial Agreement signed the day before the wedding and decide there was not enough time or opportunity for you to obtain legal advice.

NOTE: If English is not your first language, we suggest you hire an attorney to review the document with you to ensure you fully understand its contents. Shariawiz is not a law firm and does not provide legal advice, but we can connect you to an attorney who can review your Shariawiz Islamic Prenuptial Agreement with you. Please don't hesitate to reach out to us for more information.

If you have a more complex estate, want customized solutions, or even just want an attorney to review your Shariawiz Islamic Prenuptial Agreement before you sign, reach out to us! Shariawiz is not a law firm and does not provide legal advice, but we can provide you with the contact information of a lawyer you may consult on the matter.

No, a Prenuptial Agreement must be signed pre-marriage. Your Muslim Marriage Contract, on the other hand, will be signed during the Islamic marriage ceremony.

Yes, after purchase, you and your potential spouse can agree to make changes or update the Shariawiz Islamic Prenuptial Agreement as you see fit, as long as it is done before signing. After you sign the documents, you cannot change or sign your Prenuptial Agreement.

To make changes, simply log back into your Shariawiz account, visit your Dashboard, and click "Edit Document." Your potential spouse will receive notice that a change has been made that he/she must agree to before the document can be downloaded for signing.

NOTE: Your Prenuptial Agreement cannot be changed, amended, or revoked after it has been signed and notarized without attorney assistance.