Spousal Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Spousal Agreement

"I need a Spousal Agreement that focuses on protecting my family business interests and international assets, including properties in both Saudi Arabia and the UAE, while ensuring compliance with Saudi law and Sharia principles."

Document background
The Spousal Agreement serves as a vital legal instrument in Saudi Arabia for couples seeking to establish clear parameters for their marital relationship while adhering to both Sharia principles and Saudi civil law. This document becomes particularly relevant for couples with substantial assets, business interests, or complex financial arrangements, providing a structured framework for managing their rights and obligations. It should be implemented either before or during marriage, particularly when there are significant assets, business interests, or specific arrangements that need to be formally documented. The agreement must be drafted in compliance with the Personal Status Law 2022 and other relevant Saudi regulations, ensuring that all provisions align with Islamic principles while protecting both parties' interests. This document is especially important in cases involving family businesses, international assets, or specific financial arrangements that need clear documentation and mutual agreement.
Suggested Sections

1. Parties: Identification of both spouses with full legal names and details as per Saudi identification documents

2. Background: Context of the marriage and purpose of the agreement, including date of marriage and relevant circumstances

3. Definitions: Key terms used throughout the agreement, including Islamic terminology and legal concepts

4. Compliance with Sharia Law: Declaration of compliance with Islamic principles and Saudi law

5. Marital Rights and Obligations: Core rights and responsibilities of each spouse according to Sharia and Saudi law

6. Financial Arrangements: Details of financial responsibilities, maintenance (nafaqa), and monetary obligations

7. Property Rights: Treatment of existing and future property, including separate and joint ownership

8. Child Care and Custody: Arrangements for existing and future children's care and financial support

9. Dispute Resolution: Process for resolving disagreements through Islamic principles and Saudi courts

10. Term and Termination: Duration of the agreement and circumstances for modification or termination

11. Governing Law: Explicit statement of Saudi law and Sharia principles as governing law

12. Execution: Signature requirements and attestation provisions

Optional Sections

1. Business Interests: Provisions regarding existing or future business ownership and management, used when either spouse owns or may own business interests

2. International Assets: Specific provisions for assets held outside Saudi Arabia, applicable for couples with international investments or property

3. Educational Provisions: Agreements regarding continued education of either spouse, used when future education plans exist

4. Travel Arrangements: Provisions regarding international travel and residence, particularly relevant for couples with dual nationality or international commitments

5. Intellectual Property Rights: Provisions regarding ownership and management of intellectual property, relevant for professional or creative individuals

6. Special Religious Obligations: Additional religious commitments or obligations agreed upon by the parties

7. Family Business Involvement: Provisions regarding involvement in family businesses, used when either spouse's family has significant business interests

Suggested Schedules

1. Schedule 1: Asset Inventory: Detailed listing of all assets owned by each spouse at the time of agreement

2. Schedule 2: Financial Obligations: Specific financial commitments and payment schedules

3. Schedule 3: Property Details: Detailed information about owned properties and their disposition

4. Schedule 4: Business Interests: Details of business ownership and management arrangements

5. Appendix A: Required Documents: List of supporting documents including marriage certificate, property deeds, and business registrations

6. Appendix B: Family Contact Information: Contact details for relevant family members and witnesses

7. Appendix C: Shariah Compliance Certificate: Certificate from recognized Islamic scholar confirming compliance with Shariah principles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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