Agreements Before Divorce

How to deal with expenses before and after divorce

September 5, 2024

The legal article is about the subject in which a couple is about to be split forever but they have an issue of mutual expense which needs to be sorted out. Couples, mostly face difficulty while finding such solutions and it leads them to decide through court. For example, sometimes they get issued of tenancy contract, sometimes some mutually owned property/properties, assets, bank balance or even insurance. What can be the possible solution, Lets discuss this.

Mutually agreed contracts

Couples can have a pre-nuptial agreement or post-nuptial agreement to plan and manage such subjects. These are called mutually agreed contracts and such agreements are fully acceptable and recognized by law. Family lawyers in the UAE, provide the required legal aid in this regard. Any breach of the contract or agreement might create a legal problem for the accused party. There can be certainly few lawful options, for the accused person. We want to give a reference to Article 129 of Federal Law 1985. This is law no 5, Article 129 of Federal Law 1985.

—“The law says that two parties can enter into a contract of mutually agreed promises and commitments. They both have to be agreed upon points which are rationally and logically acceptable. The reason behind the contract should be based on a lawful and valid reason, any unacceptable term or condition can be challenged and the court can also revers it.”—

Recommendation by UAE Federal Law

It is recommended by UAE Federal law that both parties have to fulfil all the contractual obligations but in good faith. All the agreed terms must be fulfilled by both parties to the contract. But if there is a breach found then, as per law the consequences are also applicable. Here, article 246 of UAE Civil Transaction Law helps us to understand it.

—It states that” the contract has to be fulfilled by both parties in good faith, and the breach can be a reason for facing legal consequences for the accused parties.”—

Therefore, it is proved that husband and wife can have a legitimate agreement in the beginning or at last, and any marriage or divorce will not have any impact on this. So agreements which are made before marriage, after the marriage or before the divorce will be considered lawful and couples can enter into such agreements so they can be saved from future inconvenience. Both parties can add and discuss liabilities, assets, accommodations, joint expenses and responsibilities in the contract which need to be managed after the divorce. If some rent has to be paid after the divorce or some bank instalment plans have to be paid after the divorce, it can all be managed in a mutual agreement. It can be divided as per the agreed distribution rate. We repeat that terms and conditions must be met with reasonable limits. Anything unreasonable or ahead of human capacity will not be entertained by UAE Law.

Divorce Agreement

It is also called a divorce agreement which needs to be submitted to court. When such agreements are submitted to court the court executes these agreements and issues a verdict based on such agreements. Any breach onwards can be a reason for an arrest warrant or other legal actions.

Assistance by Lawyers

Legal assistance by UAE lawyers can be of many types. For such matters, mostly family lawyers do provide legal assistance. The legal assistance covers expert opinion, documentation and litigation. It is always recommended to acquire the expertise, of the professionals to be saved from unwanted and unfavorable results. We have a professional team of lawyers in Dubai.