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Separation Agreement And Divorce

Separation Agreement And Divorce Template for United Arab Emirates

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Separation Agreement And Divorce

I need a Separation Agreement and Divorce document for a UAE-based expatriate couple with two minor children, including provisions for joint custody arrangements and division of a jointly-owned property in Dubai Marina.

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Document background
The Separation Agreement and Divorce document is a crucial legal instrument used in the United Arab Emirates when spouses decide to formally end their marriage. It must comply with UAE Personal Status Law (Federal Law No. 28 of 2005) and, where applicable, Sharia law principles. The document is essential for both UAE nationals and expatriate residents, requiring careful consideration of local legal requirements, cultural sensitivities, and jurisdictional specifications. It typically includes comprehensive provisions for asset division, financial settlements, spousal support, and child custody arrangements if applicable. The agreement must be prepared in Arabic (with English translation for non-Arabic speakers), and requires certification by UAE authorities before submission to the relevant courts. This document serves as the foundation for the court's divorce proceedings and helps ensure a clear understanding between parties regarding their rights and obligations post-divorce.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names, Emirates ID numbers, and current residential addresses

2. Background: Details of marriage date, location, current living situation, and reasons for separation

3. Definitions: Key terms used throughout the agreement, including relevant Arabic legal terms

4. Declaration of Divorce: Formal statement of intention to divorce and type of divorce (mutual consent, khula, etc.)

5. Financial Settlement: Complete arrangement of financial matters including mahr, maintenance (nafaqa), and division of joint assets

6. Property Division: Detailed division of all real estate and significant personal property

7. Mutual Releases: Statements releasing each party from future claims except as specified in the agreement

8. Confidentiality: Terms regarding privacy and public statements about the divorce

9. Governing Law and Jurisdiction: Confirmation of UAE law application and relevant court jurisdiction

10. Execution and Effect: Details about when and how the agreement takes effect

Optional Sections

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation rights, and parental responsibilities as per UAE Personal Status Law

2. Child Support: Required for couples with children - specifies financial support arrangements for children

3. Religious Requirements: Specific requirements for Muslim couples regarding Islamic divorce procedures

4. Business Interests: Required if spouses have shared business interests - details division or management of business assets

5. International Assets: Required for couples with overseas properties or investments - specifies handling of international assets

6. Immigration Status: Required for expatriate couples - addresses visa implications of divorce

7. Future Dispute Resolution: Optional mechanism for resolving future disagreements about agreement interpretation

8. Tax Considerations: Required for international couples or those with significant assets - addresses tax implications

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule B - Property Details: Detailed information about real estate properties and their disposition

3. Schedule C - Child Arrangements: Detailed parenting schedule, including holidays and special occasions

4. Schedule D - Financial Obligations: Detailed breakdown of ongoing financial commitments and payment schedules

5. Schedule E - Business Assets: Detailed inventory and valuation of business interests

6. Appendix 1 - Required Legal Documents: List of documents required for court submission including marriage certificate, Emirates IDs

7. Appendix 2 - Court Requirements: Checklist of specific requirements from relevant UAE court

8. Appendix 3 - Translation Certificate: Official Arabic translation certificates for any English documents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Execution Date
Marriage Certificate
Emirates ID
Matrimonial Home
Mahr
Nafaqa
Idda Period
Khula
Talaq
Matrimonial Property
Separate Property
Joint Property
Personal Effects
Maintenance
Custody
Access Rights
Financial Settlement
Court
Governing Law
Business Day
Confidential Information
Legal Representatives
Notary Public
Licensed Translator
Personal Status Law
Sharia Court
Marriage
Divorce Certificate
Settlement Sum
Dowry
Child Support
Visitation Schedule
Jurisdiction
Mutual Release
Relevant Industries

Legal Services

Professional Services

Family Services

Public Sector

Court Services

Translation Services

Financial Services

Real Estate

Business Services

Religious Services

Relevant Teams

Legal

Human Resources

Compliance

Administrative Support

Document Management

Translation Services

Employee Relations

Benefits Administration

Corporate Affairs

Risk Management

Relevant Roles

Legal Counsel

Family Law Attorney

Corporate Lawyer

Paralegal

Legal Administrator

HR Director

HR Manager

Employee Relations Manager

Benefits Administrator

Compliance Officer

Court Liaison Officer

Legal Translator

Document Controller

Family Court Judge

Legal Secretary

Notary Public

Family Counselor

Industries
UAE Personal Status Law (Federal Law No. 28 of 2005): The primary legislation governing marriage, divorce, child custody, and other family matters in the UAE. Articles 97-138 specifically deal with divorce procedures and requirements.
Federal Law No. 6 of 2001: Legislation concerning the jurisdiction of Sharia courts to hear personal status cases involving non-Muslims, allowing them to apply their own religious or civil laws in certain circumstances.
UAE Civil Code (Federal Law No. 5 of 1985): Contains provisions regarding property division and financial settlements during divorce, particularly relevant for joint assets and debts.
UAE Child Protection Law (Federal Law No. 3 of 2016): Relevant for provisions regarding child custody, visitation rights, and child support arrangements during and after divorce.
UAE Judicial Circulars on Personal Status Matters: Administrative directives that provide guidance on the practical implementation of divorce proceedings and related matters in UAE courts.
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