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Pre Divorce Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Pre Divorce Agreement

"I need a Pre-Divorce Agreement for a Saudi-British couple with three minor children and substantial international assets, including properties in both countries and joint business interests in Saudi Arabia, with the agreement to take effect from March 2025."

Document background
A Pre-Divorce Agreement is a crucial document used in Saudi Arabia when spouses have decided to pursue divorce but wish to establish clear terms and conditions before initiating formal proceedings. This document must strictly adhere to Saudi Arabian law and Sharia principles, particularly the Personal Status Law of 2022. It typically includes comprehensive arrangements for child custody, financial settlements, property division, and ongoing obligations, while ensuring compliance with Islamic jurisprudence. The agreement serves as a foundation for subsequent court proceedings and helps prevent future disputes by clearly documenting both parties' rights and responsibilities. It's particularly valuable in complex cases involving substantial assets, business interests, or international elements, though it can benefit any divorcing couple seeking to establish clear terms for their separation.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage, and general context for the agreement

3. Definitions: Key terms used throughout the agreement, including Arabic legal terms and their meanings

4. Purpose of Agreement: Clear statement of the parties' intention to arrange their affairs prior to divorce

5. Islamic Legal Compliance: Statement confirming the agreement's compliance with Sharia law and Saudi regulations

6. Child Custody and Care: Primary custody arrangements, visitation rights, and decision-making responsibilities regarding children

7. Financial Settlements: Details of financial arrangements, including mahr (if applicable), maintenance, and support payments

8. Property Division: Agreement on division of joint assets, properties, and liabilities

9. Post-Divorce Living Arrangements: Specifications for housing arrangements for both parties post-divorce

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement terms

11. Governing Law: Confirmation that Saudi law and Sharia principles govern the agreement

12. Execution: Signature requirements and certification procedures

Optional Sections

1. Business Interests: Division of joint business interests or commercial activities, used when spouses share business ventures

2. International Assets: Arrangements for assets held outside Saudi Arabia, applicable for couples with foreign investments or properties

3. Educational Arrangements: Specific provisions for children's education, particularly relevant for international schooling or higher education planning

4. Medical Care Provisions: Arrangements for ongoing medical care responsibilities, especially relevant if any family member has chronic health conditions

5. Travel Arrangements: Protocols for international travel with children, particularly important for couples of different nationalities

6. Intellectual Property Rights: Division of intellectual property created during marriage, relevant for professional couples

7. Religious Obligations: Specific arrangements regarding religious education and practices, particularly important for children in mixed-faith marriages

8. Social Media and Privacy: Guidelines for social media conduct and privacy post-divorce, increasingly relevant in modern cases

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Child Care Schedule: Detailed weekly/monthly schedule for child custody and visitation arrangements

3. Schedule C - Financial Obligations: Detailed breakdown of financial commitments, payment schedules, and methods

4. Schedule D - Property Details: Detailed information about real estate and significant property items

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

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property documents, and other supporting materials

7. Appendix 2 - Child Support Calculations: Detailed calculations for child support payments based on Saudi guidelines

8. Appendix 3 - Professional Valuations: Independent valuations of significant assets (if applicable)

Authors

Alex Denne

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

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