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Divorce Settlement Agreement for United Arab Emirates

Divorce Settlement Agreement Template for United Arab Emirates

A comprehensive legal document governed by UAE Federal Law No. 28 of 2005 (Personal Status Law) that formalizes the terms and conditions of a divorce between spouses in the United Arab Emirates. This agreement addresses all aspects of the marital dissolution, including asset division, financial settlements, child custody arrangements, and ongoing obligations between the parties. The document must comply with both UAE civil law and Sharia principles where applicable, with special provisions available for non-Muslim expatriates under recent legislative updates. It serves as a binding legal instrument that can be enforced through UAE courts and provides clear guidelines for post-divorce arrangements.

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Divorce Settlement Agreement

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What is a Divorce Settlement Agreement?

The Divorce Settlement Agreement is a crucial legal document used in the United Arab Emirates when spouses agree to formalize their divorce terms through mutual consent. This document is particularly important in the UAE's unique legal framework, which combines civil law with Sharia principles under Federal Law No. 28 of 2005. The agreement comprehensively covers all aspects of marital dissolution, including property division, financial settlements, child custody, and ongoing obligations. It can be used by both Muslim couples (following Sharia principles) and non-Muslim expatriates (who may have certain flexibility under recent legislative updates). The document must be drafted with careful attention to UAE legal requirements and cultural considerations, and typically requires court validation to become legally binding. It serves as the primary reference point for all post-divorce arrangements and can be enforced through UAE courts.

What sections should be included in a Divorce Settlement Agreement?

1. Parties: Identification of both spouses, including full legal names, Emirates ID numbers, and current addresses

2. Background: Details of the marriage, including date and place of marriage, current status, and reason for divorce settlement

3. Definitions: Definitions of key terms used throughout the agreement

4. Dissolution of Marriage: Formal agreement to divorce and the type of divorce under UAE law

5. Financial Settlement: Complete financial settlement including division of assets, liabilities, and any monetary compensation (including Mahr if applicable)

6. Maintenance and Alimony: Details of any ongoing financial support between the parties

7. Child Custody and Access: Primary custody arrangements, visitation rights, and access schedules

8. Child Maintenance: Financial arrangements for children's support, education, and healthcare

9. Property Division: Division of matrimonial home and other real estate properties

10. Confidentiality: Obligations regarding privacy and confidentiality of the settlement terms

11. Governing Law: Confirmation that the agreement is governed by UAE law

12. Dispute Resolution: Process for resolving any future disputes regarding the agreement

13. General Provisions: Standard clauses including entire agreement, amendments, and severability

What sections are optional to include in a Divorce Settlement Agreement?

1. International Assets: Section dealing with assets located outside the UAE, used when parties have overseas properties or investments

2. Business Interests: Arrangements regarding shared business interests or company shareholdings, included when parties have joint business ventures

3. Religious Requirements: Specific religious obligations or arrangements, particularly relevant for Muslim couples

4. Education Decisions: Detailed arrangements for children's education, included when specific schools or education paths need to be agreed upon

5. Travel Arrangements: Provisions regarding international travel with children, particularly relevant for expatriate parents

6. Pets: Arrangements for pet custody and care, if applicable

7. Future Medical Decisions: Framework for making medical decisions for children, particularly relevant in cases of specific health conditions

8. Inheritance Matters: Special provisions regarding inheritance rights and arrangements

What schedules should be included in a Divorce Settlement Agreement?

1. Schedule A - Asset List: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule B - Property Details: Detailed information about real estate properties including ownership certificates

3. Schedule C - Child Access Schedule: Detailed calendar of child custody arrangements including holidays and special occasions

4. Schedule D - Financial Obligations: Detailed breakdown of ongoing financial commitments and payment schedules

5. Schedule E - Personal Effects: List of personal items and their agreed distribution

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property documents, and other supporting materials

7. Appendix 2 - Child Passport Arrangements: Specific arrangements regarding custody and control of children's passports

8. Appendix 3 - Educational Requirements: Detailed plans for children's education including cost sharing arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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