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Common Law Separation Agreement Template for India

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Key Requirements PROMPT example:

Common Law Separation Agreement

"I need a Common Law Separation Agreement for a 6-year live-in relationship in Mumbai, involving shared property and a joint business venture, with the separation to take effect from March 1, 2025."

Document background
The Common Law Separation Agreement serves as a crucial legal instrument in India for partners ending their live-in relationship, providing a structured framework for their separation. While common law relationships lack explicit statutory recognition in India, this agreement draws its legitimacy from various Supreme Court judgments and the Indian Contract Act, 1872. It becomes necessary when unmarried cohabiting partners decide to separate and need to formally document their arrangements regarding property division, financial settlements, and mutual obligations. The agreement typically includes comprehensive provisions for asset distribution, maintenance arrangements, confidentiality terms, and dispute resolution mechanisms, all tailored to comply with Indian legal principles and precedents. This document is particularly important given the increasing prevalence of live-in relationships in India and the need to protect both partners' interests during separation.
Suggested Sections

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

2. Background: History of the relationship, including date of cohabitation commencement, nature of relationship, and decision to separate

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

4. Recognition of Relationship: Formal acknowledgment of the common law relationship's existence and duration

5. Date of Separation: Official date of separation and its implications

6. Division of Property: Detailed arrangements for division of jointly owned property and assets

7. Financial Settlement: Terms of any financial settlements, including maintenance or support payments

8. Mutual Release: Release of future claims against each other's assets or estate

9. Confidentiality: Terms regarding privacy and confidentiality of the relationship and separation

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

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

12. Entire Agreement: Clause confirming this document represents the complete agreement between parties

13. Execution: Signing and witness requirements

Optional Sections

1. Children: Details regarding custody, visitation, and support of any children from the relationship - include if there are children involved

2. Pets: Arrangements for care and custody of pets - include if there are shared pets

3. Business Interests: Division or handling of any shared business interests - include if parties have joint business ventures

4. Intellectual Property: Division of any intellectual property created during the relationship - include if relevant

5. Social Media and Digital Assets: Agreement regarding social media conduct and division of digital assets - include if needed

6. Future Relationships: Any agreements regarding conduct or obligations related to future relationships - include if parties want to address this

7. Religious Considerations: Any specific religious or cultural considerations - include if relevant to the parties

8. Medical Insurance: Arrangements regarding continued medical insurance coverage - include if applicable

Suggested Schedules

1. Schedule A - Assets and Liabilities: Comprehensive list of all assets and liabilities with agreed division

2. Schedule B - Personal Property: Detailed list of personal property and its agreed distribution

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties

4. Schedule D - Maintenance Schedule: Details of any maintenance payments including amounts, frequency, and duration

5. Appendix 1 - Proof of Cohabitation: Documents evidencing the common law relationship

6. Appendix 2 - Property Documents: Copies of property documents, titles, and registration papers

7. Appendix 3 - Bank Accounts: List of joint and individual bank accounts with agreed actions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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