A Separation Affidavit is a crucial legal document used in the United Arab Emirates when married couples wish to formally document their separation. This document serves as evidence of the parties living separately and may be required for various legal purposes, including eventual divorce proceedings. The affidavit must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and consider Sharia principles. It typically includes details about the marriage, the date of separation, current living arrangements, and any relevant arrangements regarding children or assets. The document requires notarization and may need to be submitted to UAE courts or other government authorities. The Separation Affidavit can be particularly important in establishing the timeline of separation and protecting both parties' legal rights during the period of separation.
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1. Declaration and Identification: Formal opening stating this is an affidavit, including full legal names, Emirates ID numbers, and current addresses of both parties
2. Marriage Details: Details of the marriage including date, place, and marriage certificate number
3. Separation Statement: Clear statement of when the separation began and confirmation that parties are living separately
4. Current Living Arrangements: Description of current separate residences and living situations of both parties
5. Legal Jurisdiction: Statement acknowledging UAE courts' jurisdiction and applicable laws
6. Declaration of Truth: Formal statement that all information provided is true and accurate
7. Execution: Signature section including space for notarization and witness signatures
1. Children of Marriage: Details of any children from the marriage, including current custody and living arrangements (required if there are children)
2. Financial Independence: Statement confirming financial separation and independence of both parties (recommended for cases involving financial disputes)
3. Asset Statement: Brief overview of how major joint assets are currently being handled (needed if significant joint assets exist)
4. Maintenance Arrangements: Details of any temporary maintenance arrangements between parties (if applicable)
5. Reconciliation Attempts: Statement regarding any attempts at reconciliation (recommended for subsequent divorce proceedings)
1. Schedule A - Identity Documents: Copies of Emirates ID, passports, and marriage certificate
2. Schedule B - Proof of Separate Residences: Documentation proving separate living arrangements (e.g., lease agreements, utility bills)
3. Schedule C - Children's Details: Detailed information about children including passport copies, birth certificates (if applicable)
4. Schedule D - Asset List: Detailed listing of joint assets and their current status (if applicable)
5. Appendix 1 - Witness Statements: Statements from witnesses confirming the separation (if required)
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