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Mutual Divorce Settlement Agreement for United Arab Emirates

Mutual Divorce Settlement Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that documents the mutually agreed terms of divorce between spouses. The agreement complies with Federal Law No. 28 of 2005 (UAE Personal Status Law) and subsequent amendments, including Federal Law No. 5 of 2020 and Federal Decree Law No. 41 of 2022 for non-Muslim expatriates. It covers all aspects of the divorce settlement including financial arrangements, property division, child custody (if applicable), and mutual releases. The document serves as both a binding contract between the parties and a foundation for court proceedings in the UAE.

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What is a Mutual Divorce Settlement Agreement?

The Mutual Divorce Settlement Agreement is a critical legal document used in the United Arab Emirates when spouses agree to terminate their marriage by mutual consent. It serves as the foundation for an amicable divorce process under UAE law, incorporating requirements from both the UAE Personal Status Law and, where applicable, Federal Decree Law No. 41 of 2022 for non-Muslim expatriates. The agreement comprehensively addresses all aspects of the divorce settlement, including financial divisions, property arrangements, and child-related matters if relevant. It must be drafted in compliance with local legal requirements and typically requires court validation. The document is particularly important in the UAE context as it helps streamline the divorce process while ensuring all legal obligations are met and both parties' rights are protected. It can be used by both Muslim couples (following Sharia principles) and non-Muslim couples (following civil law provisions), with appropriate adaptations based on the applicable legal framework.

What sections should be included in a Mutual Divorce Settlement Agreement?

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

2. Background: Brief history of the marriage, including date and place of marriage, current situation, and mutual intention to divorce

3. Definitions: Definitions of key terms used throughout the agreement

4. Divorce Terms: Core agreement to divorce and process to be followed under UAE law

5. Financial Settlement: Complete financial settlement including division of joint accounts, investments, and other financial assets

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

7. Mahr Settlement: Agreement regarding any outstanding or deferred mahr (dowry) payments

8. Mutual Release: Mutual release from future claims except as provided in the agreement

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and divorce proceedings

10. Governing Law: Confirmation of UAE law as governing law and jurisdiction

11. Execution: Details of how and when the agreement will be executed

What sections are optional to include in a Mutual Divorce Settlement Agreement?

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation rights, and access schedules

2. Child Support: Required if the couple has children - details financial support arrangements for children

3. Education Provisions: Required if the couple has children - agreements regarding children's educational arrangements and costs

4. Business Interests: Required if the couple has shared business interests - details division or management of business assets

5. International Assets: Required if there are assets in multiple countries - specific provisions for international property

6. Religious Requirements: Required for Muslim couples - specific provisions regarding Islamic divorce requirements

7. Spousal Support: Optional section detailing any ongoing financial support between spouses

8. Insurance Provisions: Required if there are shared insurance policies - details regarding health, life, or other insurance arrangements

9. Tax Provisions: Required if there are tax implications - agreements regarding tax liabilities and arrangements

What schedules should be included in a Mutual Divorce Settlement Agreement?

1. Schedule A - Asset Division: Detailed inventory and agreed division of all assets including property, vehicles, and personal items

2. Schedule B - Financial Accounts: List of all bank accounts, investments, and financial products with agreed division

3. Schedule C - Debts and Liabilities: Comprehensive list of all debts and agreements on responsibility for each

4. Schedule D - Child Access Schedule: Detailed visitation and access schedule if children are involved

5. Schedule E - Personal Effects: Detailed list of personal items and their agreed distribution

6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate with translation if required

7. Appendix 2 - Property Documents: Copies of property ownership documents and agreed transfer instruments

8. Appendix 3 - Business Valuations: If applicable, professional valuations of business interests

Authors

Alex Denne

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

Publisher

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Cost

Free to use
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