The Post Nuptial Agreement is a specialized legal document used in Saudi Arabia when married couples wish to formally establish their financial and property arrangements after marriage. It has become increasingly important with the modernization of Saudi family law, particularly following the introduction of the Personal Status Law of 2022. The document is essential for high-net-worth individuals, business owners, or couples with complex asset structures who need to clearly define their financial rights and obligations while ensuring compliance with both Shariah principles and Saudi legislation. It typically includes detailed provisions for asset division, business interests, financial responsibilities, and dispute resolution mechanisms. The agreement must be carefully drafted to ensure it meets the requirements of Saudi courts and remains within the boundaries of Islamic law, making it particularly relevant in cases involving substantial assets, international properties, or business ownership.
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1. Parties: Identification of husband and wife, including full legal names, nationalities, and official ID numbers as per Saudi requirements
2. Background: Statement of existing marriage, date and place of marriage, and the intention to enter into this post-nuptial agreement
3. Definitions: Key terms used throughout the agreement, including specific Arabic legal terms and their meanings
4. Shariah Compliance Declaration: Express declaration that the agreement is intended to comply with Shariah principles and Saudi law
5. Purpose of Agreement: Clear statement of the objectives and scope of the post-nuptial agreement
6. Separate Property: Detailed provisions regarding property owned separately by each spouse
7. Joint Property: Provisions regarding jointly owned property and how it will be managed
8. Financial Obligations: Ongoing financial responsibilities of each spouse, including maintenance obligations
9. Business Interests: Treatment of existing and future business interests and commercial activities
10. Inheritance Rights: Acknowledgment of Shariah inheritance laws and any permitted arrangements within their framework
11. Dispute Resolution: Process for resolving disagreements, including reference to Saudi courts and applicable law
12. Amendment and Termination: Conditions and process for modifying or terminating the agreement
13. Governing Law: Confirmation of Saudi law and Shariah principles as governing law
14. Execution: Signature requirements and witness provisions as per Saudi law
1. International Assets: Section addressing assets held outside Saudi Arabia and their treatment - include when parties have foreign investments or property
2. Intellectual Property Rights: Provisions regarding ownership and management of intellectual property - include when either spouse has significant IP assets
3. Children's Provisions: Arrangements regarding children's expenses and education - include when there are children from current or previous marriages
4. Special Family Arrangements: Provisions for extended family obligations or cultural considerations - include when there are specific family circumstances to address
5. Business Succession: Detailed provisions for business succession - include when either spouse owns a significant business
6. Digital Assets: Provisions regarding digital assets and cryptocurrencies - include when parties hold significant digital assets
7. Foreign Income: Treatment of income earned in other jurisdictions - include when either party has international income sources
1. Schedule 1: Personal Property Inventory: Detailed list of personal property owned by each spouse at the time of agreement
2. Schedule 2: Real Estate Holdings: Comprehensive list of real estate owned separately or jointly, with official documentation
3. Schedule 3: Financial Assets: List of bank accounts, investments, and other financial assets
4. Schedule 4: Business Assets: Detailed inventory of business interests and their agreed valuations
5. Schedule 5: Debts and Liabilities: List of all debts and financial obligations of each party
6. Appendix A: Required Legal Certificates: Copies of marriage certificate and other relevant legal documents
7. Appendix B: Asset Valuations: Independent valuations of significant assets mentioned in the agreement
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