A Pre-Divorce Agreement is a crucial legal document used in the United Arab Emirates when married couples wish to establish clear terms for their future separation before initiating formal divorce proceedings. The agreement operates within the framework of UAE Federal Law No. 28 of 2005 and subsequent amendments, including the 2022 reforms for non-Muslim expatriates. This document typically includes comprehensive arrangements for asset division, financial settlements, maintenance obligations, and where applicable, child custody and access rights. It must account for the UAE's unique legal system, which combines civil law with Sharia principles for Muslim couples, while allowing non-Muslim expatriates to follow their home country's laws in certain circumstances. The agreement serves as a roadmap for the eventual divorce and can significantly streamline the formal divorce process by addressing potential points of conflict in advance.
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1. Parties: Identification of both spouses, including full legal names, Emirates ID numbers, passport numbers, and current residential addresses
2. Background: Brief history of the marriage, including date and place of marriage, current status, and the mutual intention to divorce
3. Definitions: Key terms used throughout the agreement, including definitions of assets, property, maintenance, and other relevant terms
4. Acknowledgments: Mutual acknowledgments regarding the voluntary nature of the agreement and that both parties have received independent legal advice
5. Terms of Separation: Details of when and how the parties will separate, including any interim arrangements before the final divorce
6. Division of Assets: Comprehensive breakdown of how all marital assets will be divided, including real estate, vehicles, investments, and personal property
7. Financial Settlement: Details of any lump sum payments, periodic payments, or maintenance arrangements between the parties
8. Debts and Liabilities: Allocation of responsibility for existing debts and financial obligations
9. Confidentiality: Terms regarding the confidentiality of the agreement and restrictions on disclosure to third parties
10. Governing Law: Specification that the agreement is governed by UAE law and relevant jurisdictional details
11. Dispute Resolution: Process for resolving any disputes that may arise regarding the interpretation or implementation of the agreement
1. Child Custody and Access: Required if the couple has children - details of custody arrangements, visitation rights, and parental responsibilities
2. Child Maintenance: Required if there are children - specifications for financial support of children, including education and healthcare
3. Religious Requirements: Required for Muslim couples - specific provisions related to Islamic law requirements for divorce
4. Business Interests: Required if either party owns business interests - arrangements for division or management of business assets
5. Inheritance Rights: Optional section addressing any agreed arrangements regarding future inheritance rights
6. International Assets: Required if parties have assets in multiple countries - specific provisions for international property and assets
7. Future Income: Optional section addressing division of future income streams or expected assets
8. Pets and Animals: Optional section detailing arrangements for family pets if applicable
1. Schedule 1: Asset Inventory: Detailed list of all marital assets with current valuations
2. Schedule 2: Property Details: Specific details of real estate properties including ownership certificates and transfer arrangements
3. Schedule 3: Financial Disclosure: Complete financial disclosure from both parties including income, assets, and liabilities
4. Schedule 4: Child Arrangements: Detailed parenting plan and custody schedule if applicable
5. Schedule 5: Maintenance Calculations: Detailed breakdown of how maintenance amounts were calculated
6. Appendix A: Required Legal Documents: Copies of marriage certificate, Emirates IDs, and other relevant legal documents
7. Appendix B: Property Valuations: Independent valuations of significant assets
8. Appendix C: Business Valuations: Professional valuations of any business interests if applicable
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