The Separation Settlement Agreement serves as a crucial legal instrument in the UAE for couples seeking to formalize their separation terms. This document is particularly important given the UAE's unique legal framework that combines civil law with Sharia principles for Muslim couples while also accommodating non-Muslim expatriates under certain circumstances. The agreement becomes necessary when married couples decide to separate and need to document their mutual understanding regarding property division, financial arrangements, child custody (if applicable), and other pertinent matters. It must comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and related legislation, while also considering specific emirate-level regulations. The document is particularly relevant in the UAE's multicultural context, where international couples may need to navigate both local and international legal implications of their separation.
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1. Parties: Identification of both parties, including full legal names, Emirates ID numbers, and current residential addresses
2. Background: Brief history of the marriage, date of separation, and reason for entering into this agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Effective Date and Jurisdiction: Specifies when the agreement takes effect and confirms UAE jurisdiction
5. Dissolution of Marriage: Terms regarding the formal dissolution of marriage, including agreement to divorce
6. Financial Settlement: Comprehensive details of financial arrangements, including division of assets and liabilities
7. Maintenance Arrangements: Details of any ongoing maintenance or alimony payments
8. Property Division: Distribution of real estate and personal property
9. Banking and Investments: Division of bank accounts, investments, and financial instruments
10. Mutual Release: Mutual release of future claims against each other
11. Confidentiality: Terms regarding confidentiality of the agreement and private matters
12. Governing Law: Confirmation that UAE law governs the agreement
13. Entire Agreement: Confirmation that this document represents the complete agreement between parties
14. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable
1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation rights, and child support
2. Education Costs: Required if there are children - specifies responsibility for current and future education expenses
3. Religious Obligations: Required for Muslim couples - addresses religious aspects of separation including Iddah period
4. Business Interests: Required if parties have shared business interests - details division or management of business assets
5. Intellectual Property Rights: Required if parties have shared IP rights - specifies division of intellectual property
6. Residence Visa Arrangements: Required for expatriate couples - addresses sponsorship and visa status changes
7. Insurance Policies: Required if there are joint insurance policies - details their division or maintenance
8. Future Dispute Resolution: Optional mechanism for resolving future disputes - can specify mediation before court proceedings
9. Social Media and Privacy: Optional section addressing social media behavior and online privacy post-separation
1. Schedule 1: Asset Register: Comprehensive list of all assets owned by both parties, including values and agreed distribution
2. Schedule 2: Liability Register: List of all debts and liabilities, including responsibility for payment
3. Schedule 3: Personal Effects: Detailed list of personal items and their agreed distribution
4. Schedule 4: Property Details: Details of real estate properties including ownership certificates and transfer arrangements
5. Schedule 5: Children's Arrangements: Detailed parenting plan including custody schedule, holidays, and special occasions
6. Schedule 6: Financial Obligations: Payment schedules for maintenance, child support, and other financial obligations
7. Appendix A: Required Legal Documents: Copies of marriage certificate, Emirates IDs, and other relevant legal documents
8. Appendix B: Property Valuations: Independent valuations of significant assets
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