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Domestic Partnership Agreement for India

Domestic Partnership Agreement Template for India

A comprehensive legal document governed by Indian law that establishes and regulates the rights, responsibilities, and obligations between two individuals in a domestic partnership arrangement. The agreement covers various aspects including property rights, financial arrangements, living conditions, and mutual obligations, while taking into account relevant Indian legislation such as the Protection of Women from Domestic Violence Act and various Supreme Court judgments on live-in relationships. It serves as a legally binding contract that provides clarity and protection for both partners in matters of shared living, financial commitments, and property rights.

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What is a Domestic Partnership Agreement?

A Domestic Partnership Agreement is crucial for individuals choosing to live together in a committed relationship without entering into marriage in India. This document becomes particularly relevant given India's evolving legal landscape regarding live-in relationships, as recognized through various Supreme Court judgments. The agreement should be used when partners wish to clearly define their rights, responsibilities, and expectations regarding property ownership, financial obligations, living arrangements, and other aspects of their shared life. It provides legal protection and clarity in matters that might otherwise be ambiguous under Indian law, which doesn't have comprehensive legislation specifically governing domestic partnerships. The document includes provisions for property division, financial responsibilities, dispute resolution, and termination procedures, all while ensuring compliance with Indian contract law and relevant Supreme Court guidelines on live-in relationships.

What sections should be included in a Domestic Partnership Agreement?

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

2. Background: Context of the relationship and purpose of entering into the agreement

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

4. Nature of Relationship: Declaration of the domestic partnership and its voluntary nature

5. Commencement and Duration: Start date of the agreement and whether it has any specific duration

6. Living Arrangements: Details of cohabitation and shared residence arrangements

7. Financial Arrangements: Management of joint and separate finances, including expenses and bank accounts

8. Property Rights: Treatment of individual and jointly acquired property during the partnership

9. Mutual Rights and Obligations: Core responsibilities and expectations of each partner

10. Dispute Resolution: Process for resolving disagreements between partners

11. Termination: Circumstances and process for ending the domestic partnership

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

What sections are optional to include in a Domestic Partnership Agreement?

1. Children and Parenting: Arrangements regarding existing or future children - used when partners have or plan to have children

2. Healthcare Decisions: Authority for medical decisions - important for partners wanting healthcare decision rights

3. Business Interests: Treatment of business assets and operations - relevant when either partner owns a business

4. Intellectual Property Rights: Handling of IP created during partnership - important for creative professionals

5. Pets and Animals: Care and custody of pets - relevant for couples with pets

6. Religious Observances: Agreements about religious practices - important for interfaith couples

7. Immigration Status: Provisions related to citizenship/residency - relevant if either partner is non-Indian

8. Power of Attorney: Mutual powers of attorney - optional but useful for long-term partnerships

What schedules should be included in a Domestic Partnership Agreement?

1. Schedule A - Asset Register: Detailed inventory of each partner's assets brought into the partnership

2. Schedule B - Financial Obligations: List of existing financial commitments and how they will be handled

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Personal Items: List of personal belongings that remain separate property

5. Appendix 1 - Dispute Resolution Procedure: Detailed steps for dispute resolution process

6. Appendix 2 - Emergency Contacts: List of emergency contacts and important medical information

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
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