The Divorce and Settlement Agreement is a crucial legal document used in the United Arab Emirates to formalize the dissolution of marriage and establish comprehensive post-divorce arrangements. It is designed to comply with UAE Federal Law No. 28 of 2005 (Personal Status Law) and subsequent amendments, including the 2021 reforms for non-Muslim expatriates. This document becomes necessary when spouses decide to legally end their marriage and need to formalize arrangements regarding property division, financial settlements, child custody, and ongoing obligations. The agreement must take into account the UAE's unique legal framework, which combines traditional Sharia law principles with modern civil law provisions, particularly in Dubai and Abu Dhabi. It serves as a binding contract that can be enforced through UAE courts and provides clear guidelines for both parties moving forward after divorce.
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1. Parties: Identification of both spouses, including full legal names, Emirates ID numbers, and current residential addresses
2. Background: Brief history of the marriage, including date and place of marriage, current status, and reason for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Dissolution of Marriage: Terms and conditions for the dissolution of marriage, including the agreed grounds for divorce
5. Financial Settlement: Complete financial settlement terms including division of assets, liabilities, and any lump sum payments
6. Maintenance Arrangements: Details of any ongoing maintenance or alimony payments between the parties
7. Property Division: Distribution of all real estate and significant personal property
8. Child Custody and Access: Primary custody arrangements, visitation rights, and decision-making authority regarding children
9. Child Maintenance: Financial arrangements for child support and extraordinary expenses
10. Confidentiality: Terms regarding the confidentiality of the agreement and related matters
11. Governing Law: Specification of UAE law as governing law and relevant jurisdiction
12. Execution: Signing requirements and effective date of the agreement
1. Religious Requirements: Specific provisions related to Islamic divorce requirements (for Muslim couples)
2. Educational Arrangements: Specific agreements regarding children's education if applicable
3. Medical Insurance: Arrangements for continued medical coverage for spouse and/or children
4. Business Interests: Division or handling of joint business interests or company shareholdings
5. Inheritance Rights: Specific provisions regarding mutual inheritance rights post-divorce
6. International Travel: Arrangements for international travel with children and passport custody
7. Future Dispute Resolution: Mechanisms for resolving future disputes including mediation procedures
8. Remarriage Provisions: Any specific terms related to future remarriage of either party
1. Schedule 1: Asset Schedule: Comprehensive list of all matrimonial assets and their agreed division
2. Schedule 2: Property Details: Detailed information about all real estate properties and their disposition
3. Schedule 3: Financial Obligations: List of all joint financial obligations and their allocation
4. Schedule 4: Child Care Schedule: Detailed weekly/monthly schedule for child custody and visitation
5. Schedule 5: Child Expenses: Breakdown of regular and extraordinary child-related expenses
6. Appendix A: Marriage Certificate: Copy of the original marriage certificate
7. Appendix B: Property Documents: Copies of property ownership documents and valuations
8. Appendix C: Financial Disclosure: Complete financial disclosure statements from both parties
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