Spousal Separation Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Spousal Separation Agreement

I need a Spousal Separation Agreement for an expatriate couple with two minor children, including provisions for international travel and shared custody, with the separation to take effect from March 1, 2025.

Document background
The Spousal Separation Agreement is a vital legal instrument in the UAE used when married couples decide to separate but may not yet be ready for, or wish to proceed with, a formal divorce. This document operates within the unique legal framework of the UAE, where family matters are governed by both civil law and Sharia principles through the UAE Personal Status Law. The agreement provides a structured approach to separation, detailing arrangements for property division, financial responsibilities, child custody (if applicable), and ongoing obligations between the parties. It's particularly valuable in the UAE's multicultural context, serving both local citizens and the expatriate community, with provisions that can accommodate different cultural and religious requirements while maintaining compliance with local laws. The document can serve as a stepping stone to divorce or as a long-term arrangement, depending on the parties' intentions.
Suggested Sections

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

2. Background: Brief history of the marriage, date of marriage, reason for separation, and current living situation

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Date of Separation: Official date from which the separation takes effect and its legal implications

5. Living Arrangements: Details of physical separation and residence arrangements for both parties

6. Financial Arrangements: Division of assets, liabilities, and ongoing financial responsibilities including maintenance payments

7. Children and Parenting Arrangements: Custody arrangements, visitation schedules, and decision-making responsibilities regarding children

8. Division of Property: Detailed allocation of matrimonial property, including real estate, vehicles, and personal effects

9. Confidentiality: Terms regarding privacy and non-disclosure of agreement details

10. Governing Law: Confirmation of UAE law application and relevant jurisdictional matters

11. Dispute Resolution: Process for resolving future disagreements or interpretation issues

12. Amendment Procedure: Process for making future changes to the agreement

13. Execution: Signing requirements and witness provisions

Optional Sections

1. Religious Obligations: Specific arrangements regarding religious practices and obligations, particularly relevant for Muslim couples

2. International Travel: Arrangements for international travel with children, necessary for families with connections to multiple countries

3. Education Costs: Specific arrangements for children's education expenses, relevant when children are in private education

4. Medical Insurance: Arrangements for health insurance coverage post-separation, particularly important when one spouse provided family coverage

5. Business Interests: Division or management of joint business interests, relevant for couples with shared business assets

6. Inheritance Rights: Specific provisions regarding inheritance matters, particularly relevant for Muslim couples under Sharia law

7. Social Media and Privacy: Specific terms regarding social media behavior and public statements about the separation

8. Pets: Arrangements for pet custody and care, if applicable

Suggested Schedules

1. Schedule A - Asset List: Comprehensive inventory of all matrimonial assets with agreed values

2. Schedule B - Liability List: List of all joint and individual debts and responsibilities

3. Schedule C - Children's Schedule: Detailed parenting time schedule including holidays and special occasions

4. Schedule D - Financial Disclosure: Complete financial disclosure from both parties including income, assets, and liabilities

5. Schedule E - Property Details: Detailed information about real estate properties including ownership documents

6. Schedule F - Maintenance Calculation: Detailed calculation of any maintenance payments

7. Appendix 1 - Important Documents: Copies of marriage certificate, Emirates IDs, and other relevant legal documents

8. Appendix 2 - Child Support Calculations: Detailed calculations of child support obligations based on UAE guidelines

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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