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Mutual Divorce Settlement Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Mutual Divorce Settlement Agreement

"I need a Mutual Divorce Settlement Agreement under Saudi law for a couple with two minor children (ages 8 and 11), including joint custody arrangements and provisions for Islamic education, with the divorce to be effective from March 1, 2025."

Document background
The Mutual Divorce Settlement Agreement is a crucial document used in Saudi Arabia when spouses mutually agree to terminate their marriage through formal legal channels. It serves as a comprehensive framework for documenting all aspects of the divorce settlement, including financial arrangements, property division, child custody, and ongoing obligations, in accordance with both Saudi civil law and Sharia principles. This document is particularly important under Saudi jurisdiction as it needs to balance modern legal requirements with traditional Islamic law, especially following the reforms introduced by the Personal Status Law of 2022. The agreement is typically prepared when both parties have reached consensus on key terms and requires careful consideration of various elements including mahr settlements, custody arrangements, and property division, all while ensuring compliance with local legal requirements and religious principles.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage, and mutual decision to divorce

3. Definitions: Key terms used throughout the agreement, including Islamic legal terms relevant to divorce

4. Divorce Declaration: Formal statement of mutual consent to divorce (mubaara'ah) and its immediate effect

5. Financial Settlement: Details of all financial arrangements, including mahr (if applicable), maintenance payments, and settlement of joint debts

6. Property Division: Distribution of all marital assets and properties between the parties

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

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

9. Post-Divorce Obligations: Ongoing responsibilities of both parties after divorce

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

11. Governing Law: Confirmation that the agreement is governed by Saudi law and Sharia principles

12. Execution: Signature requirements and witnessing provisions

Optional Sections

1. Iddat Period Arrangements: Specific arrangements during the wife's waiting period, used when the divorce involves a consummated marriage

2. International Travel Arrangements: Specific provisions for international travel with children, used when one or both parties are likely to travel abroad

3. Business Interests: Division of business assets and ongoing business relationships, used when parties have shared business interests

4. Educational Arrangements: Detailed provisions for children's education, used when specific educational plans need to be agreed upon

5. Religious Upbringing: Specific agreements regarding children's religious education and observance, used when parties have specific religious requirements

6. Extended Family Rights: Arrangements for maintaining relationships with extended family members, used when this is a significant concern

Suggested Schedules

1. Schedule 1: Asset Distribution: Detailed inventory and agreed division of all marital assets

2. Schedule 2: Financial Obligations: Comprehensive list of all financial commitments, payment schedules, and terms

3. Schedule 3: Child Custody Schedule: Detailed calendar of custody arrangements, including holidays and special occasions

4. Schedule 4: Property Details: Full details of all properties involved, including ownership documents and transfer arrangements

5. Schedule 5: Personal Effects: List of personal items and their agreed allocation between parties

6. Appendix A: Required Legal Documents: Copies of marriage certificate, ID documents, and other relevant legal papers

7. Appendix B: Court Orders: Any existing court orders or relevant legal documentation

8. Appendix C: Children's Passport Arrangements: Specific agreements regarding custody and control of children's travel documents

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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