The Pre-Divorce Settlement Agreement is a critical document used in the UAE when couples have decided to proceed with divorce but wish to agree on terms amicably before formal court proceedings. It is particularly relevant in the UAE's multicultural context, where both local and expatriate couples need to navigate the jurisdiction's unique legal framework that combines civil law and Sharia principles. The agreement typically includes comprehensive provisions for asset division, financial settlements, child custody, and maintenance obligations, all structured to comply with UAE Personal Status Law. This document is especially valuable in complex cases involving substantial assets, international properties, or business interests, as it provides a clear framework for the divorce proceedings and helps prevent future disputes. The agreement must be carefully drafted to ensure enforceability in UAE courts and, where relevant, potential recognition in other jurisdictions for international couples.
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1. Parties: Identification of both spouses, including full legal names, Emirates ID numbers, passports, and current addresses
2. Background: Brief history of marriage, including date and place of marriage, current status, and reason for entering into the settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement, including legal and financial terms specific to UAE law
4. Acknowledgments: Mutual acknowledgments of entering the agreement freely, understanding its terms, and receiving independent legal advice
5. Effective Date and Jurisdiction: Specification of when the agreement takes effect and confirmation of UAE courts' jurisdiction
6. Financial Settlement: Comprehensive details of financial arrangements, including mahr, maintenance, and division of joint accounts
7. Property Division: Distribution of all marital properties, both within UAE and internationally, including real estate and vehicles
8. Child Custody and Access: Detailed arrangements for child custody, visitation rights, and access schedules in accordance with UAE law
9. Child Maintenance: Financial arrangements for children's support, education, and healthcare
10. Mutual Release: Clauses releasing each party from future claims except those arising from this agreement
11. Confidentiality: Terms regarding privacy and confidentiality of the agreement and personal matters
12. Governing Law: Confirmation of UAE law application and relevant jurisdictional matters
13. Dispute Resolution: Process for resolving future disputes, including reference to UAE courts or arbitration
14. Amendment and Variation: Procedures for making any future changes to the agreement
15. Execution: Signing requirements and witness provisions as per UAE law
1. Business Interests: Section detailing division or handling of business assets and interests, used when parties have joint business ventures or company shares
2. Inheritance Rights: Specific provisions regarding inheritance matters, particularly relevant for Muslim couples following Sharia law
3. International Assets: Provisions for assets located outside UAE, used when parties have significant overseas properties or investments
4. Religious Requirements: Additional religious considerations for Muslim couples, including specific Sharia compliance clauses
5. Post-Divorce Accommodation: Specific arrangements for housing post-divorce, particularly relevant when one party needs to maintain specific living standards
6. Education Trust: Creation and management of education trusts for children, used when specific arrangements for children's future education are needed
7. Intellectual Property Rights: Division of intellectual property rights, used when either party has significant IP assets
8. Insurance Policies: Arrangements regarding life, health, or other insurance policies, used when significant insurance assets exist
9. Debt Allocation: Specific provisions for handling existing debts, used when parties have significant joint or individual debts
1. Schedule A - Asset Inventory: Comprehensive list of all marital assets with current valuations
2. Schedule B - Property Details: Detailed information about all real estate properties, including ownership documents
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and financial products
4. Schedule D - Personal Effects: Inventory of personal items and their agreed distribution
5. Schedule E - Children's Arrangements: Detailed parenting schedule and specific arrangements for children
6. Schedule F - Business Valuations: Professional valuations of any business interests
7. Appendix 1 - Marriage Certificate: Copy of the marriage certificate with official translation if required
8. Appendix 2 - Property Documents: Copies of property ownership documents and valuations
9. Appendix 3 - Financial Disclosure: Detailed financial disclosure statements from both parties
10. Appendix 4 - Legal Opinions: Any relevant legal opinions or religious rulings if applicable
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