Marriage Property Agreement: Separate Estates
A printable «Marriage Property Agreement: Separate Estates» form to fill in by hand: 13 fields, with fiqh notes and sources. Free download, no registration, in Russian, English and Arabic.
This form has not yet been checked by a scholar. It is a draft drawn from the sources, not an approved specimen: show it to someone knowledgeable before signing.
What the form contains
1. Date, place and parties
- Date drawn up
- Place drawn up
- Husband: full name, year of birth, identity document
- Wife: full name, year of birth, identity document
- Marriage: date of registration and registry office (or 'marriage to come')
2. Property regime
- Property regime
- Income of each spouse
- Property belonging to each before the marriage
3. Gifts, inheritance and mahr
- Gifts, inheritance and mahr
4. Maintenance and debts
- Maintenance of the family (nafaqah)
- Debts
5. Housing
- Housing: whose it is and on what terms the other spouse lives there
6. Amending the agreement
- How the agreement may be amended
★ WITHOUT A NOTARY THIS AGREEMENT HAS NO FORCE. Signed at home it does not operate — notarisation is required by law.
By default, without such an agreement, everything acquired during the marriage counts as jointly owned in halves — which departs from the Sharia, where the spouses' property is separate.
Arrangements about the children and personal relations may NOT be put into this agreement: such clauses are void. Children need a separate agreement, maintenance a notarised one.
Mizan does not issue fatwas and does not replace a scholar. It is not legal advice and gives no contract force under the law of any country. Where the matter is serious, have the contract read by a specialist in Sharia and by a lawyer.