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Agreement For Divorce On Mutual Consent Template for India

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Key Requirements PROMPT example:

Agreement For Divorce On Mutual Consent

"Need to draft an Agreement For Divorce On Mutual Consent for a couple in Mumbai with joint property consisting of one apartment and two cars, with no children involved, aiming to file the first motion by March 2025."

Document background
The Agreement For Divorce On Mutual Consent is a crucial document in Indian divorce proceedings where both parties agree to dissolve their marriage amicably. It is primarily used when couples have reached a consensus on all aspects of their separation and wish to proceed with divorce under Section 13B of the Hindu Marriage Act (for Hindu couples) or corresponding provisions under other personal laws. The agreement must be filed in conjunction with a divorce petition and includes comprehensive details about financial settlements, property division, maintenance arrangements, and child custody (if applicable). Indian law requires a minimum cooling-off period of six months from the first motion, during which the court may require counseling sessions. This document forms the basis for court proceedings and must be drafted in compliance with local jurisdiction requirements and applicable family laws.
Suggested Sections

1. Parties: Details of both spouses including full names, ages, addresses, and occupations

2. Background: Information about the marriage, including date and place of marriage, current living situation, and decision to separate

3. Definitions: Definitions of key terms used throughout the agreement

4. Agreement to Divorce: Formal statement of mutual consent to divorce and agreement to file petition under Section 13B of Hindu Marriage Act or applicable law

5. Living Arrangements: Current and agreed future living arrangements of both parties

6. Financial Settlement: Complete details of financial settlements including one-time payments, monthly maintenance, and division of bank accounts

7. Property Division: Division of all movable and immovable properties owned jointly or separately

8. Personal Effects: Distribution of personal belongings, jewelry, and household items

9. Mutual Release: Clause releasing each party from future claims or demands

10. Representations and Warranties: Statements confirming the truthfulness of information provided and capacity to enter agreement

11. Governing Law: Specification of applicable laws and jurisdiction

12. Execution: Signing and witness requirements

Optional Sections

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation rights, and decision-making responsibilities

2. Child Support: Required if there are children - details financial arrangements for children's maintenance and education

3. Business Interests: Required if either party owns business interests - details division or handling of business assets

4. Insurance and Medical Coverage: Optional section detailing arrangements for existing insurance policies and future medical coverage

5. Taxes: Required if there are tax implications - details handling of joint tax liabilities and future tax arrangements

6. Confidentiality: Optional clause for maintaining privacy of settlement terms

7. Future Dispute Resolution: Optional mechanism for resolving future disputes through mediation or arbitration

8. Religious Ceremonies: Required for couples needing religious divorce in addition to legal divorce

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all properties owned by either party, including current market values

2. Schedule B - Financial Assets: List of all financial assets including bank accounts, investments, and retirement accounts

3. Schedule C - Personal Effects Distribution: Detailed list of personal belongings and their agreed distribution

4. Schedule D - Child Care Schedule: Detailed visitation schedule and special arrangements for holidays and occasions

5. Schedule E - Outstanding Liabilities: List of all joint and individual debts and their handling

6. Appendix 1 - Marriage Certificate: Copy of marriage certificate

7. Appendix 2 - Property Documents: Copies of property ownership documents

8. Appendix 3 - Financial Statements: Recent bank statements and financial documents

Authors

Alex Denne

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

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