When we discuss Marriage (i.e., Nikah), it has become more than a reality that Muslims seek to ensure Premarital and Postmarital properties are properly arranged between a couple to prevent future disagreements and disputes. The following specific order (as below) for creating and organizing agreements is essential. Missing one or more steps can become headaches and time-consuming.

Step 1 - Have a Premarital discussion about PropertyProperty

It’s largely ignored, and the importance of discussing premarital affairs. This discussion can help in two ways. First, you and your prospective spouse can clarify any confusion and unknowns regarding your expectations about the Property you own now and in the future. Second, this disagreement before Marriage can restrict proceeding further, which means you prevented a family disaster from happening down the road.

Step 2 - Create a Premarital agreement

Once the differences and opinions are acceptable on both ends for the couple, they can draw an important document called a Prenuptial agreement. This document will serve as a jewel for the couple to establish peace by eliminating the gap. This time is the best; you and your future spouse may decide which Property you should own separately or jointly. There are pros and cons to each property type that you may select, so take some time or consult us to help you decide.

Step 3 - Marriage contract drawn at Islamic Marriage (i.e., Nikah)

When Marriage takes place, the marriage contract is drawn, which does not clarify any property-related information but just serves as proof in terms of legal and religious terms for the establishment of marital ties.

Step 4 - Update the Islamic Estate plan

It’s more than ever ignored the instrument called an Islamic estate plan (i.e., Islamic Wills, Trust or Waqf, Living Will or Medical directive, Islamic Inheritance certificate, Deed of Gift or Hibah, Deed of Assignments, etc.) that needs to be drawn as soon as the marriage ceremony is completed. The verses in Surah An-Nisa of the Holy Quran are important to reflect and implement the Muslim succession law.

Step 5 - Update Identification and legal documents

Updating finances, investments, retirement accounts, and access is essential. Some critical items are listed here, but it depends on how much you jointly own with the departing partner.

1. Update bank or financial institution accounts.

2. Update passports, marriage certificates, and any other legal documents that include your and your spouse's names.

3. Update all property titles on all Postmarital Joint personal and business assets, including business properties, houses, land, recreation, etc.

4. Update the ownerships on vehicle registrations.

5. Update the beneficiaries on investments, retirement plans, and insurance policies (Home, Auto, and Life).

6. If you have shared online access with your spouse, update all those, including websites, emails, social accounts, etc.

Step 6 - Marital settlement agreement (i.e., Divorce) in unfortunate circumstances

It’s not desirable, but Divorce can happen. At the time of Divorce, the creation of a marital settlement agreement takes place, which does not include any details about the Property but closes out the Marriage and future expectations to abide by, especially having children. Relying on verbal discussion can be the root of restrictions because it can be hard when you plan to do something such as seek a Passport, Immigration, remarry, or when you need to prove that you have divorced. Not creating a Divorce agreement means an unofficial and unregistered divorce. We encourage to read this “Marriage Settlement Agreement for Muslims (End with Peace)” an extra ordinary things to discover.

Step 7 - Repeat

Once Divorce occurs, forgetting to update estate plans, identifications, legal documents, and online access is not only a big mistake but can also create kayos, confusion, and disputes before or after death. It’s now time to update the estate plan when the matter is fresh. Therefore, repeat steps 4 and 5 after getting a divorce.