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.
What happens if I do not have a Health Care Directive?
If you don’t have a Health Care Directive and, God forbid, you become incapacitated and cannot communicate your own decisions regarding your health care, then your family becomes responsible for those health care decisions.
What's worse, if your family members cannot agree on health care decisions for you, they may be forced to litigate the matter in court, which would allow a judge to make the decision for you. With a Health Care Directive, you can save your family from fighting about your care and ending up in a hurtful court battle.
Further, if you do not have a Health Care Directive and an trusted health care representative, your doctors may not know to perform Shari'a-compliant health care solutions for you. To ensure your health care is in line with your moral and religious values, you must sign a Health Care Directive for your physicians to follow.
Use our HEALTH CARE DIRECTIVE (HYPERLINK) software to prepare your own custom-tailored state-specific, legally binding, Shari'a-compliant Health Care Directive.
What is a Power of Attorney and why do I need it?
A power of attorney is a legal document that allows you to appoint someone you trust to act on your behalf in financial and legal matters. The person you appoint can act on your behalf while you are alive or if you become incompetent.
There are many reasons for having a Power of Attorney. For example, a member of the military being deployed overseas, leaving behind their families, should have a power of attorney. He or she needs to appoint someone to act on their behalf to handle certain legal, financial and familial affairs while they are deployed. A child moving to college is another example, for the same reasons. A person that travels for work often should have a Power of Attorney appointing a trusted person to attend to his affairs in the event of long absences.
Further, If you are in retirement or have health issues, a Power of Attorney makes life so much easier for your loved ones to attend to your affairs - including paying bills, dealing with medical insurance, Medicaid, or Medicare offices, and everything in between.
Our Power of Attorney is affordable, and quick and easy to prepare. Use our POWER OF ATTORNEY (HYPERLINK) software to appoint a representative to handle your affairs in your absence or in case you become incapacitated.
What if I want customized solutions that aren't in your software?
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.
Can I sign a Prenuptial Agreement after I get married?
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.
Can I change/update my Prenuptial Agreement?
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.
Do I have to include a schedule of assets in my will?
Making a Sharia-Compliant will does not require a schedule of assets, but you should appoint an executor who is familiar with your financial portfolio.
Your assets at the time of your death may not be the same assets at the time you made your will. The Islamic inheritance system is a default fixed share system. All of the eligible assets you owned at the time of your death will become part of your Estate. Your executor will gather them and distribute them to your Islamic heirs as contained in your will. The distribution may include selling all or part of your assets. The proceeds from the sale will be distributed to the benefit of all beneficiaries according to their Islamic inheritance share.
If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), you are required to prepare a schedule of assets as part of your estate plan in order to clarity and identify the type of ownership title for each asset: (i) husband’s separate property; (ii) wife’s separate property; (iii) the parties’ joint property/community property.
I have a complicated estate that requires unique solutions. What should I do?
Shariawiz is not a law firm and does not provide legal advice. If you have a complex estate, you should retain a lawyer. If you require complex estate planning expertise or just want to retain an attorney to handle the drafting of your estate plan, email us at [email protected]. We will provide you with the contact information of several estate planning law firms for you to consult about your matter.
What should we do after signing?
If you've both signed your Shariawiz Islamic Prenuptial Agreement and had your Islamic marriage ceremony, then congratulations! You should both have an original copy of the Prenuptial Agreement and should keep it in a safe place. A fire-proof filing cabinet or home safe is a great place to keep important documents.
Have a question that you don't see here?
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Our team is standing by Monday through Friday from 9am to 5pm EST to answer any questions or assist with whatever you may need. Salaams!
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