When a married couple decides to file for a divorce in the United Arab Emirates, it is important to plan living arrangements and finance beforehand the actual proceedings are started. If both parties continue living under the same roof during the divorce, living expenses should be planned out between them, such as rent, utilities, and other financial responsibilities. The guidelines provided in this article can give a very detailed understanding of how married persons can file their claim in the UAE before actually proceeding with the divorce, making this stressful situation more easily negotiable.
Understanding the Need for a Pre-Divorce Agreement
Basically, divorce is a very long procedure combined with a lot of emotions, especially concerning the issues involving living conditions and financial stability. Married couples can do so in the United Arab Emirates by filing for a mutual consent divorce in a Personal Status Court where both parties agree to the divorce and its terms, including how assets and responsibilities will be divided.
However, before the process of divorce actually starts, many couples still live together in the same house. During this period, there should be clear agreements about who is responsible for paying for what kind of living expense—for rent, utilities, food, and other household expenses. Otherwise, misunderstandings and potential conflicts that could add to the problems associated with divorce are likely to follow.
Key Elements of a Pre-Divorce Agreement
A couple residing in the UAE can legally bind themselves with a form representing their living and financial agreement before actually going for divorce. It is popularly known as a pre-divorce agreement; however, it has to comply with certain conditions if it is to be lawfully binding under the UAE.
A contract is considered to be valid if it contains all of the following elements, so provided under Article 129 of Federal Law No. (5) Of 1985 concerning the Civil Transactions Law of the United Arab Emirates.
- Mutual Agreement: The parties must mutually agree to the material terms of the contract.
- State Subject Matter: The subject matter of the contract is legal, certain, or certain and legal by law.
- Lawful Purpose: The contract must fulfill some lawful purpose and not oppose public order or morals.
The pre-divorce agreement should clearly lay out living arrangements, expenses, and how these would be shared and distributed between the couple. Very important, this will ensure that everything deemed essential is agreed upon and not challenged at a future date.
Drafting the Pre-Divorce Agreement
While drafting a pre-divorce agreement, it would be wise to include the following:
- Residency: Specify which of the partner is to reside in the marital residence during divorce proceedings and in what form the residence will be utilized in the meantime. If the lease is in either party’s name, specify how the other party can contribute to the rent and other associated costs.
- Division of Expenses: Clearly explain how they will divide the common expenses. This may include rent, utilities, groceries, household maintenance, and any other costs related to running the shared home.
- Duration of the Agreement: Specify how long this agreement will be in force. Typically, this would be for the duration of the marriage or until one of the parties shifts residence elsewhere.
- Payment Terms: Clearly indicate the ways and time frames for making payments, incorporating the means of payment and any deadlines.
- Dispute Resolution: Insert a clause on the resolution of disputes arising from the agreement. This should help prevent long-drawn court battles by suggesting mediation or arbitration to both parties.
Legal Framework Governing Contracts in the UAE
Contracts in the United Arab Emirates, including any prenuptial agreements, are governed by the Civil Transactions Law, specifically Federal Law No. 5 of 1985. According to Article 126, the subject matter of a contract could be property, benefits arising from property, specific actions or services, or any other lawful matter.
Additionally, Article 246 (1) lays emphasis on the significance of good faith in the performance of contracts, stating that “the contract must be performed in accordance with its contents, and in a manner consistent with the requirements of good faith.” This principle make sure that both parties follow the agreed terms and maintain a cooperative approach during the divorce process.
Filing for Mutual Consent Divorce
When the pre-divorce agreement is already established, the couple can now go ahead and file for a mutual consent divorce at a Personal Status Court that has jurisdiction in the UAE. For this kind of divorce, both parties must agree on the terms on which the divorce will take effect, such as property sharing, child custody (where applicable), and financial obligations.
The pre-divorce agreement can be filed with the Personal Status Court as part of divorce proceedings. If the court finds it fair and just, it will use such an agreement in its final decree of divorce. This is to ensure that both parties are legally obligated to each other through an agreement which may reduce misunderstandings and hence conflicts.
Benefits of a Pre-Divorce Agreement
The agreement made pre-divorce has a number of advantages for couples who intend to divorce.
- Clarity and Certainty: The agreement brings to conclusion basic outlines of how to take care of residence and costs, reducing a lot of misunderstandings.
- Reduced Conflict: Couples can further reduce any conflict arising in the divorce process by agreeing on terms beforehand.
- Legal Protection: An official agreement ensures proper protection in a legal aspect. The rights and obligations of both parties are clearly expressed.
- Smoother Divorce Process: With a pre-divorce agreement in place, the process of divorce can move much more smoothly, as most major issues would have already been settled.
Conclusion
Preparation for divorce is more than just filing; it also require one to make serious decisions about living arrangements and financial responsibilities. A pre-divorce agreement, in this regard, by people living in the UAE will help much to ensure fair and speedy responses to such concerns, hence relieving stress and trauma in the divorce process.
At Dubai Court Marriage, we will draft for you an all-inclusive agreement that meets your needs and makes this transition just a bit easier. Call us today and get more information on how to help you take care of these difficult times by resolving your legal issues.
