The Marital Settlement Agreement serves as a crucial legal instrument in the UAE for couples seeking to formalize their divorce terms and post-marriage arrangements. It operates within the unique legal framework of the UAE, which combines traditional Sharia law principles with modern civil law elements, particularly following recent reforms allowing non-Muslim couples to opt for civil law proceedings. This document is essential when spouses need to document their mutual agreement on critical matters including property division, financial settlements, child custody, and ongoing support obligations. The agreement must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and, where applicable, recent emirate-specific legislation such as Abu Dhabi's Law No. 14 of 2020 for non-Muslim divorces. It provides a legally binding framework that can be enforced through UAE courts and serves as a reference document for future dispute resolution.
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1. Parties: Identification of both spouses, including full legal names, emirates ID numbers, and current residential addresses
2. Background: Brief history of the marriage, including date and place of marriage, current status, and reason for separation
3. Definitions: Key terms used throughout the agreement, including defined terms for properties, assets, and relevant legal concepts
4. Effective Date and Jurisdiction: Specification of when the agreement takes effect and confirmation of UAE courts' jurisdiction
5. Dissolution of Marriage: Terms and conditions of the divorce, including the agreed grounds for dissolution
6. Division of Assets and Liabilities: Comprehensive arrangement for division of all marital property, debts, and financial obligations
7. Financial Settlement: Details of any lump sum payments, periodic payments, or maintenance arrangements between the parties
8. Child Custody and Access: Detailed arrangements for custody, visitation rights, and decision-making responsibility for children
9. Child Support: Financial arrangements for children's maintenance, education, and healthcare
10. Spousal Support: Terms of any ongoing financial support between the parties
11. Tax Matters: Agreement on handling any tax implications or obligations
12. Future Dispute Resolution: Process for resolving future disagreements or modification requests
13. Confidentiality: Terms regarding privacy and disclosure of agreement details
14. Governing Law: Confirmation of UAE law application and specific emirate jurisdiction if relevant
15. Execution: Signature requirements and witnessing provisions
1. Religious Requirements: Specific provisions required for Muslim couples under Sharia law, including details about Iddat period and religious obligations
2. Business Interests: Detailed arrangements for handling joint business interests or company shareholdings
3. Intellectual Property Rights: Division of any intellectual property acquired during marriage
4. Insurance Policies: Arrangements regarding life, health, or other insurance policies
5. Inheritance Rights: Waiver or preservation of inheritance rights post-divorce
6. International Assets: Special provisions for assets located outside the UAE
7. Educational Provisions: Specific arrangements for children's future education, particularly for international schooling
8. Military Service Considerations: Special provisions for parties involved in military service
9. Social Media and Privacy: Agreements regarding social media conduct and online privacy post-separation
10. Pet Custody: Arrangements for care and custody of family pets
1. Schedule A - Asset Inventory: Detailed listing of all marital assets including properties, vehicles, and valuable personal items
2. Schedule B - Liability Register: Comprehensive list of all debts and financial obligations
3. Schedule C - Child Custody Schedule: Detailed calendar of custody arrangements, including holidays and special occasions
4. Schedule D - Child Support Calculations: Breakdown of child support calculations and payment schedules
5. Schedule E - Property Valuations: Professional valuations of major assets, particularly real estate
6. Schedule F - Business Interests: Detailed description and valuation of any business interests
7. Appendix 1 - Required Legal Documents: Copies of marriage certificate, Emirates IDs, and other relevant legal documents
8. Appendix 2 - Financial Disclosure Forms: Completed financial disclosure statements from both parties
9. Appendix 3 - Property Documents: Copies of property ownership documents and related certificates
10. Appendix 4 - Court Orders: Copies of any existing court orders relating to the marriage or separation
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