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Marital Agreement Divorce for United Arab Emirates

Marital Agreement Divorce Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that formalizes the terms and conditions of a divorce between married parties. This document incorporates provisions from both UAE Personal Status Law and relevant Sharia principles where applicable, addressing crucial aspects such as asset division, child custody, maintenance obligations, and mutual releases. It complies with UAE Federal Law No. 28 of 2005 and recent legal reforms, providing a framework for both Muslim and non-Muslim divorces while ensuring adherence to local legal requirements and court procedures.

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Marital Agreement Divorce

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What is a Marital Agreement Divorce?

The Marital Agreement Divorce is a critical legal document used in the United Arab Emirates to formalize and execute divorce proceedings between married couples. It serves as a comprehensive agreement that addresses all aspects of marriage dissolution under UAE law, including property division, child custody, maintenance obligations, and mutual releases. The document must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and recent legal reforms, particularly the 2020-2022 amendments that introduced new provisions for both Muslim and non-Muslim divorces. This agreement is essential for ensuring legal compliance, protecting parties' rights, and establishing clear terms for post-divorce arrangements. It requires careful consideration of both civil law requirements and Sharia principles where applicable, and typically involves review by legal professionals and court authorities before finalization.

What sections should be included in a Marital Agreement Divorce?

1. Parties: Full legal names and details of both spouses, including Emirates ID numbers, nationalities, and current residential addresses

2. Background: Details of the marriage including date, location, current family situation, and mutual desire to divorce

3. Definitions: Key terms used throughout the agreement including property definitions, maintenance, custody terminology

4. Declaration of Divorce: Formal statement of divorce intention and type (mutual consent/khula/other)

5. Financial Settlement: Complete terms of financial settlement including mahr, maintenance, and division of assets

6. Child Custody and Access: Primary custody arrangements, visitation rights, and decision-making authority regarding children

7. Child Maintenance: Financial arrangements for children including education, healthcare, and daily expenses

8. Property Division: Distribution of matrimonial home, joint properties, and personal assets

9. Mutual Releases: Waiver of future claims against each other except as specified in the agreement

10. Governing Law: Confirmation of UAE law application and jurisdiction

11. Execution: Signing requirements and witness provisions

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

1. Religious Requirements: For Muslim couples, specific provisions relating to Islamic divorce procedures and requirements

2. International Assets: Section dealing with overseas properties and assets, if applicable

3. Business Interests: Provisions for division or continuation of joint business interests

4. Intellectual Property Rights: Division of any intellectual property acquired during marriage

5. Future Dispute Resolution: Alternative dispute resolution mechanisms for future disagreements

6. Confidentiality: Privacy and non-disclosure provisions regarding the terms of divorce

7. Post-Divorce Relocation: Terms regarding international travel or relocation with children

8. Educational Provisions: Detailed arrangements for children's future education if not covered in main custody section

What schedules should be included in a Marital Agreement Divorce?

1. Schedule 1: Asset Register: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule 2: Property Details: Detailed information about real estate properties and their disposition

3. Schedule 3: Financial Obligations: List of joint debts, liabilities, and their allocation between parties

4. Schedule 4: Child Arrangements: Detailed parenting schedule including holidays and special occasions

5. Schedule 5: Maintenance Calculations: Detailed breakdown of maintenance amounts and payment schedules

6. Appendix A: Required Documents: List of necessary documents for court filing including marriage certificate, Emirates IDs

7. Appendix B: Court Requirements: Checklist of UAE court requirements for divorce registration

8. Appendix C: Child Support Calculations: Detailed calculations for child support based on UAE guidelines

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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