Essential Steps for Managing Financial and Living Arrangements Before Divorce in the UAE

If you're contemplating divorce in the UAE and need to address living arrangements and financial responsibilities before finalizing the process, it's essential to understand the legal framework and options available to you.

Creating a Legal Agreement

Before initiating divorce proceedings, you and your spouse can draft a legal agreement outlining how to manage shared expenses and living arrangements. This contract can include details on how you will handle rent, utilities, and other costs associated with your current residence.

According to UAE law, specifically Article 129 of Federal Law No. (5) of 1985 (Concerning the Issuance of the Civil Transactions Law), for a contract to be valid, it must meet certain criteria:

Mutual agreement on essential elements.

A clear and permissible subject matter.

A lawful purpose for the obligations outlined.

Additionally, Article 126 of the UAE Civil Transactions Law provides that a contract may pertain to various subjects, including property and services, as long as they are not prohibited by law or public morals.

Drafting the Agreement

In drafting this agreement, both parties should agree on the terms concerning future expenses and responsibilities. This contract will be crucial in clarifying each party's financial obligations and arrangements after the divorce.

Filing for Divorce

Once you and your spouse have agreed on the terms and signed the agreement, you can proceed with filing for a mutual consent divorce at the Personal Status Court with competent jurisdiction in the UAE. During the divorce process, you may submit this settlement agreement to the court for review.

The Personal Status Court will evaluate the agreement as part of the divorce proceedings, ensuring it aligns with the requirements set out in Federal Law No. 28 of 2005 on Personal Status. This step helps in formalizing your financial and living arrangements as part of the divorce settlement.

By taking these steps, you can effectively manage the division of living expenses and ensure a smoother transition during the divorce process.

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