UAE: How can married couple split living expenses before filing for divorce?

Question: My wife and I are considering divorce after trying all the possible solutions. However, we are facing some documentation issues. Currently, we live together in an apartment in Sharjah, where the tenancy contract is under my name, and I pay the rent and other expenses. Is there a legal document we can arrange before the divorce to outline our living arrangements and financial responsibilities? How will that process work?

Answer: In the UAE, if two parties intend to enter into a contract, there are key elements that must be present to make a contract valid. These include mutual agreement on the basic terms of the contract, a permissible subject matter that is possible and defined (or capable of being defined); and a lawful reason or purpose for the obligations arising out of the contract.

This is in accordance with the Article 129 of the Federal Law No. (5) of 1985 Concerning the issuance of the civil transactions law of the United Arab Emirates.

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“Article (129) The necessary elements for the making of a contract are

(a) that the two parties to the contract should agree upon the essential elements;

(b) the subject matter of the contract must be something which is possible and defined or capable of being defined and permissible to be dealt with; and

(c) there must be a lawful purpose for the obligations arising out of the contract.”

A contract may cover or be entered into based on the following subject matter, according to Article 26 of the UAE Civil Transactions Law: property, whether movable or immovable, and tangible or intangible, benefits associated with property, particular actions or services, any other matter not prohibited by law or contrary to public order and morals.

“Article (126) The following may be the subject matter of a contract:

(a) property, whether moveable or immoveable, or corporeal or incorporeal;

(b) benefits derived from the property;

(c) a particular act or service; and

(d) any other thing which is not prohibited by a provision of the law and is not contrary to public order or morals.”

In addition, a contract is to be performed with good faith by both parties and in accordance with the agreed terms and conditions mentioned in the contract. This is in accordance with the Article (246) (1) of the UAE Civil Transaction Law. The provision of the law states that, “The contract must be performed in accordance with its contents, and in a manner consistent with the requirements of good faith.”

It is understood that you intend to have a legal document with your wife before starting divorce proceedings for future expenses. This agreement would cover future expenses, including accommodation, utilities and other expenses after the divorce is finalised. Therefore, you may enter into a contract with your wife outlining the terms and conditions for living arrangements and shared expenses, such as rent and other living costs, and specify how these expenses will be divided.

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