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Cohabitation Prenuptial Agreement Template for India

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Key Requirements PROMPT example:

Cohabitation Prenuptial Agreement

"I need a Cohabitation Prenuptial Agreement for a couple where one partner owns a technology startup and significant cryptocurrency assets, while the other partner is moving from abroad to live together in Mumbai starting March 2025."

Document background
The Cohabitation Prenuptial Agreement serves as a crucial document for couples in India who choose to live together without formal marriage. While such agreements are not explicitly recognized under Indian law, they have gained significance due to evolving social dynamics and recent judicial precedents. This document becomes particularly important in establishing clear expectations regarding property rights, financial responsibilities, and personal obligations between partners. It should be used by couples before commencing their cohabitation to document their mutual understanding regarding asset division, daily expenses, maintenance rights, and dispute resolution procedures. The agreement needs to be drafted in accordance with Indian contract law principles and should consider relevant Supreme Court judgments regarding live-in relationships. It's especially relevant given the increasing acceptance of non-traditional living arrangements in urban India and the need for legal clarity in such relationships.
Suggested Sections

1. Parties: Identification and details of both partners entering into the agreement

2. Background: Context of the relationship, intention to cohabit, and purpose of entering into this agreement

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

4. Duration and Nature of Relationship: Details about the intended cohabitation period and acknowledgment of the relationship's nature

5. Property Rights: Clear designation of separate and joint property, including pre-existing assets and future acquisitions

6. Financial Arrangements: Day-to-day financial responsibilities, joint expenses, and banking arrangements

7. Maintenance and Support: Provisions regarding financial support during cohabitation and in case of separation

8. Dispute Resolution: Process for resolving disagreements during cohabitation or separation

9. Termination: Circumstances and process for terminating the agreement and the cohabitation arrangement

10. Governing Law: Specification that the agreement is governed by Indian law

11. Execution: Formal signing and witnessing provisions

Optional Sections

1. Children: Provisions regarding existing or future children, including financial responsibilities - include if either party has or plans to have children

2. Intellectual Property: Provisions regarding ownership and rights to intellectual property - include if either party owns or expects to create intellectual property

3. Business Interests: Provisions regarding separate or joint business interests - include if either party owns or plans to start a business

4. Pets and Animals: Arrangements for pet ownership and care - include if the parties have or plan to have pets

5. Social Media and Privacy: Guidelines for social media usage and privacy during and after the relationship - include if parties want to address digital privacy

6. Religious Observances: Provisions regarding religious practices and obligations - include if parties have specific religious requirements

7. Medical Decisions: Authority for medical decision-making - include if parties want to address healthcare rights

8. Death Provisions: Arrangements in case of death of either party - include if parties want to address inheritance rights

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of each party's separate assets at the time of agreement

2. Schedule B - Joint Property: List and details of any property owned jointly at the time of agreement

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties including income, assets, and liabilities

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

5. Appendix 1 - Property Documents: Copies of property ownership documents referenced in the agreement

6. Appendix 2 - Bank Account Details: Details of individual and joint bank accounts

7. Appendix 3 - Supporting Documents: Additional documentation including proof of income, tax returns, and other relevant 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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