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Mutual Consent Divorce Settlement Agreement Template for India

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Key Requirements PROMPT example:

Mutual Consent Divorce Settlement Agreement

"I need a Mutual Consent Divorce Settlement Agreement for a childless couple married for 10 years, with focus on dividing a jointly-owned apartment in Mumbai and three bank accounts, to be filed in March 2025."

Document background
The Mutual Consent Divorce Settlement Agreement is a crucial document used when both spouses have mutually agreed to dissolve their marriage under Indian law. This agreement is typically prepared before filing a divorce petition under Section 13B of the Hindu Marriage Act 1955 (or corresponding sections of other personal laws). It comprehensively addresses all aspects of the divorce settlement, including division of assets and liabilities, maintenance arrangements, child custody and support if applicable, and any other specific terms agreed upon by the parties. The document must comply with Indian legal requirements and is typically reviewed by the Family Court during the divorce proceedings. It serves as evidence of the spouses' mutual consent and their agreed terms of settlement, forming a legally binding contract that protects both parties' interests during and after the divorce process.
Suggested Sections

1. Parties: Details and identification 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 mutual decision to separate

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

4. Mutual Consent to Divorce: Express statement of mutual consent to dissolve the marriage and follow divorce proceedings

5. Date of Separation: Agreed date of separation and living arrangements post-separation

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

7. Property Division: Distribution of movable and immovable properties between the parties

8. Mutual Release: Clause releasing both parties from future claims against each other

9. Legal Proceedings: Agreement regarding the filing and handling of divorce proceedings

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

11. Severability: Clause stating that if any provision is found invalid, the rest of the agreement remains valid

12. Entire Agreement: Confirmation that this document represents the complete agreement between parties

13. Execution: Details of how and when the agreement is to be executed

Optional Sections

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

2. Child Support: Required if there are children - details of financial support for children including education and healthcare

3. Alimony/Maintenance: Optional section for ongoing spousal support if agreed upon

4. Business Interests: Required if either party has business interests that need to be divided or addressed

5. Insurance Policies: Optional section dealing with life, health, or other insurance policies

6. Retirement Benefits: Required if there are pension or retirement benefits to be divided

7. Tax Provisions: Optional section addressing tax implications and responsibilities

8. Dispute Resolution: Optional section specifying method for resolving future disputes

9. Confidentiality: Optional section if parties wish to keep terms confidential

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of all assets and liabilities with their agreed distribution

2. Schedule B - Property Details: Specific details of immovable properties including ownership documents

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed distribution

4. Schedule D - Personal Effects: List of personal items and their agreed distribution

5. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

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

7. Appendix 3 - Financial Statements: Recent financial statements of both parties

8. Appendix 4 - Child Care Plan: Detailed parenting plan if children are involved

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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