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Cohabitation Agreement After Divorce Template for India

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Key Requirements PROMPT example:

Cohabitation Agreement After Divorce

"I need a Cohabitation Agreement After Divorce for a situation where both parties are business owners with significant assets from previous marriages, and we want to ensure clear separation of business interests and protection of existing assets while sharing a residence in Mumbai from March 2025."

Document background
The Cohabitation Agreement After Divorce is essential for previously divorced individuals in India who plan to live together without marriage. This document has become increasingly relevant as Indian society evolves and courts recognize live-in relationships. It provides legal clarity and protection in areas including property rights, financial responsibilities, and personal obligations, while respecting existing divorce settlements. The agreement is particularly important in the Indian legal context where live-in relationships, while legally recognized through various Supreme Court judgments, lack comprehensive statutory regulation. It helps prevent future disputes by clearly documenting the parties' intentions and arrangements regarding shared living, financial matters, and property ownership. The document should be drafted with consideration of both parties' previous divorce terms and current circumstances, ensuring compliance with Indian contract law and relevant Supreme Court guidelines.
Suggested Sections

1. Parties: Identification of the cohabiting partners, including their full legal names, addresses, and marital status

2. Background: Context of the agreement, including acknowledgment of previous divorces and current intention to cohabit

3. Definitions: Key terms used throughout the agreement, including 'Shared Residence', 'Separate Property', 'Joint Property', etc.

4. Purpose and Intent: Statement of the parties' intentions in entering the agreement and acknowledgment of legal status

5. Duration of Agreement: Commencement date and term of the agreement, including any renewal provisions

6. Living Arrangements: Details of shared residence, housing costs, and maintenance responsibilities

7. Financial Arrangements: Management of day-to-day expenses, joint accounts, and bill payments

8. Property Rights: Clear distinction between separate and joint property, including assets from previous marriages

9. Maintenance Obligations: Financial support arrangements during cohabitation, if any

10. Relationship Breakdown: Procedures and arrangements in case of relationship termination

11. Dispute Resolution: Process for resolving disagreements, including mediation provisions

12. Governing Law: Confirmation that the agreement is governed by Indian law

Optional Sections

1. Children: Arrangements regarding children from previous marriages or future children, if applicable

2. Healthcare Decisions: Rights and responsibilities regarding medical decisions for each other

3. Insurance Arrangements: Provisions for life, health, or property insurance

4. Business Interests: Protection of business assets and income if either party owns a business

5. Inheritance Rights: Specific provisions regarding inheritance, particularly relevant if parties wish to protect children's inheritance from previous marriages

6. Religious Observances: Agreements regarding religious practices and observations, if relevant to the parties

7. Pets: Arrangements regarding ownership and care of pets

8. Intellectual Property: Protection of intellectual property rights if either party has significant IP assets

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of each party's separate assets, including those from previous divorce settlements

2. Schedule B - Shared Property: List of jointly owned or acquired property during cohabitation

3. Schedule C - Financial Obligations: List of existing financial obligations, including those from previous marriages

4. Schedule D - Household Expenses: Breakdown of shared household expenses and contribution ratios

5. Schedule E - Previous Divorce Orders: Summary of relevant provisions from previous divorce orders that may affect this arrangement

6. Appendix 1 - Financial Disclosures: Sworn financial statements from both parties

7. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party

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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Legal

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Divorce Lawyer

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