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Voluntary Divorce Agreement Template for India

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Key Requirements PROMPT example:

Voluntary Divorce Agreement

"I need a Voluntary Divorce Agreement for a childless couple with substantial business assets, including a jointly-owned technology startup and multiple properties in Mumbai and Bangalore, with the agreement to take effect from March 2025."

Document background
The Voluntary Divorce Agreement is a crucial legal document used in Indian jurisdiction when married couples seek to end their marriage through mutual consent. This document serves as the foundation for divorce proceedings under Section 13B of the Hindu Marriage Act 1955 or Section 28 of the Special Marriage Act 1954, depending on the applicable personal law. It comprehensively covers all aspects of the divorce settlement, including division of assets, financial arrangements, maintenance obligations, and child custody provisions where applicable. The agreement must be drafted in compliance with Indian matrimonial laws and should be presented to the family court during the divorce proceedings. This document is particularly important as it demonstrates the voluntary nature of the divorce and helps expedite the legal process by clearly documenting all agreed terms between the parties.
Suggested Sections

1. Parties: Details of both spouses including full legal names, addresses, and other identifying information

2. Background: Brief history of marriage, date and place of marriage, current living situation, and mutual decision to divorce

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

4. Declaration of Mutual Consent: Clear statement that both parties are entering into the divorce voluntarily and with mutual consent

5. Effective Date: Specification of when the agreement comes into effect and timeline for filing divorce petition

6. Financial Settlement: Details of all financial settlements including one-time payments and periodic maintenance

7. Property Division: General principles and approach to division of matrimonial property

8. Mutual Release of Claims: Statement that both parties release each other from all future claims except as specified in the agreement

9. Governing Law: Specification that the agreement is governed by Indian law and relevant personal law

10. Modification: Provisions for how the agreement can be modified in the future

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

12. Execution: Details of how and when the agreement will be executed

Optional Sections

1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support

2. Business Interests: Required if either party has business interests that need to be addressed in the settlement

3. Intellectual Property Rights: Required if there are joint or disputed intellectual property rights

4. Insurance and Medical Coverage: Details about continuation or termination of insurance coverage

5. Religious Ceremonies: Required for couples needing specific religious divorce procedures

6. Confidentiality: Required if parties wish to keep the terms of settlement private

7. Foreign Assets: Required if either party has assets in foreign countries

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

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all matrimonial property with agreed division

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

3. Schedule C - Personal Effects: Division of personal belongings and household items

4. Schedule D - Outstanding Debts: List of all joint and individual debts and their allocation

5. Appendix 1 - Child Care Schedule: Detailed visitation and custody schedule if children are involved

6. Appendix 2 - Support Payment Schedule: Schedule of maintenance or support payments with dates and amounts

7. Appendix 3 - Important Documents: Copies of marriage certificate and other relevant legal documents

8. Appendix 4 - Business Valuation: If applicable, professional valuation of business interests

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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