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Binding Financial Agreement Divorce Template for Saudi Arabia

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Binding Financial Agreement Divorce

"I need a Binding Financial Agreement Divorce document under Saudi law for a straightforward divorce proceeding expected to conclude by March 2025, involving the division of a marital home, two vehicles, and basic financial assets with no international property."

What is a Binding Financial Agreement Divorce?

The Binding Financial Agreement Divorce is a crucial document used in Saudi Arabia when couples are seeking to formalize their financial separation during or after divorce proceedings. This document serves as a comprehensive framework for addressing all financial aspects of the divorce settlement, including asset division, maintenance payments, and future financial obligations. It must comply with both Sharia law principles and Saudi civil regulations, particularly the Personal Status Law 2022. The agreement is typically prepared when parties have reached a mutual understanding regarding their financial separation and requires court validation to become legally binding. It includes detailed schedules of assets, liabilities, and financial arrangements, making it particularly important in cases involving substantial assets, business interests, or complex financial structures. The document provides certainty and clarity for both parties while ensuring adherence to Islamic principles governing divorce and financial matters.

What sections should be included in a Binding Financial Agreement Divorce?

1. Parties: Identification of both parties to the agreement, including full legal names, national ID numbers, and current addresses

2. Background: Brief history of the marriage, date of marriage, reference to divorce proceedings or intention to divorce, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including references to Sharia law terms where applicable

4. Islamic Law Compliance: Statement confirming the agreement's compliance with Sharia law principles and Saudi regulations

5. Financial Disclosure: Complete disclosure of all assets, liabilities, and financial resources of both parties

6. Division of Property: Detailed arrangement for the division of all marital property and assets

7. Financial Obligations: Ongoing financial obligations including maintenance payments (if any) and payment schedules

8. Release of Claims: Mutual release of future financial claims subject to the terms of this agreement

9. Enforcement: Provisions for enforcement under Saudi law and consequences of breach

10. Amendment and Variation: Conditions under which the agreement may be modified

11. Governing Law: Confirmation of Saudi law as governing law and reference to relevant legislation

12. Execution Requirements: Requirements for valid execution including witness statements and court certification

What sections are optional to include in a Binding Financial Agreement Divorce?

1. Child Support Arrangements: Include when there are children of the marriage, detailing financial responsibilities for children's maintenance

2. Business Interests: Include when either party has business interests that need to be addressed in the settlement

3. Intellectual Property Rights: Include when there are intellectual property assets to be divided

4. International Assets: Include when parties have assets in multiple jurisdictions

5. Future Inheritance Rights: Include when addressing potential future inheritance claims

6. Debt Allocation: Include when there are significant debts to be allocated between parties

7. Investment Portfolio Division: Include when there are investment portfolios to be divided

8. Religious Obligations: Include specific religious financial obligations such as Mahr if not previously settled

What schedules should be included in a Binding Financial Agreement Divorce?

1. Schedule A - Asset Register: Comprehensive list of all assets owned by both parties with agreed values

2. Schedule B - Property Details: Detailed information about real estate properties including ownership certificates

3. Schedule C - Financial Disclosure Statements: Detailed financial statements from both parties

4. Schedule D - Payment Schedule: Timeline and details of any periodic payments or lump sum transfers

5. Schedule E - Business Valuations: Professional valuations of any business interests

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, court orders, and other supporting documentation

7. Appendix 2 - Compliance Certificates: Necessary religious and legal compliance certificates

8. Appendix 3 - Asset Valuation Reports: Independent valuation reports for significant assets

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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