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Post Separation Agreement

Post Separation Agreement Template for India

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Key Requirements PROMPT example:

Post Separation Agreement

"I need a Post Separation Agreement that covers the division of our family business interests and joint property portfolio, with specific focus on protecting our three minor children's future educational expenses; the separation is amicable and we want to ensure all tax implications are properly addressed."

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Document background
A Post Separation Agreement is utilized in India when married couples decide to separate but wish to formalize their arrangements through a legally binding document, either as a precursor to divorce or as a long-term separation arrangement. This document becomes particularly crucial in the Indian legal context where different personal laws may apply based on religious affiliations, and where family matters often involve complex arrangements regarding joint family properties, businesses, and extended family obligations. The agreement typically includes comprehensive provisions for asset division, maintenance, child custody (if applicable), and future obligations, all while ensuring compliance with relevant Indian legislation including the Indian Contract Act, personal laws, and property laws. It serves as a crucial tool for avoiding future disputes and providing clarity on all aspects of the separation.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage/relationship, date of separation, and context for the agreement

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

4. Effective Date and Separation: Official date of separation and when this agreement takes effect

5. Living Arrangements: Current and future living arrangements, including residence rights

6. Financial Settlement: Complete financial settlement terms including one-time payments and periodic payments

7. Division of Assets: Detailed division of all marital assets including property, vehicles, and personal items

8. Division of Liabilities: Assignment of responsibility for all debts and financial obligations

9. Mutual Release: Mutual release of future claims except as provided in the agreement

10. Confidentiality: Terms regarding confidentiality of the agreement and personal matters

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

12. Governing Law: Specification of Indian law as governing law and jurisdiction

13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Child Custody and Access: Required if there are minor children - details custody arrangements, visitation rights, and parental responsibilities

2. Child Support: Required if there are minor children - details support payments and special expenses

3. Child Education: Include when there are agreements about children's future education funding

4. Business Interests: Required if parties have joint business interests - details division or ongoing management

5. Intellectual Property Rights: Include when there are joint IP rights or creations to be divided

6. International Assets: Required if parties have assets in multiple countries

7. Religious Obligations: Include when parties need to address religious aspects of separation

8. Insurance Policies: Include when there are life, health, or other insurance policies to be addressed

9. Pet Custody: Include when arrangements for pets need to be specified

10. Social Media and Digital Assets: Include when digital assets or social media conduct needs to be addressed

Suggested Schedules

1. Schedule A - Property Assets: Detailed list of all real estate properties and their agreed disposition

2. Schedule B - Financial Assets: List of bank accounts, investments, and other financial assets with division details

3. Schedule C - Personal Property: Inventory of personal items and their agreed distribution

4. Schedule D - Vehicles: List of all vehicles and their disposition

5. Schedule E - Outstanding Debts: Comprehensive list of all debts and liabilities with assignment of responsibility

6. Schedule F - Child Access Schedule: Detailed visitation and access schedule if children are involved

7. Schedule G - Insurance Policies: List of all insurance policies and their disposition

8. Schedule H - Business Assets: Details of business assets and their division if applicable

9. Appendix 1 - Financial Disclosure: Complete financial disclosure from both parties

10. Appendix 2 - Tax Implications: Summary of tax consequences of the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Legal Services

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Legal

Human Resources

Finance

Compliance

Risk Management

Wealth Management

Corporate Affairs

Benefits Administration

Employee Relations

Document Management

Relevant Roles

Legal Counsel

Family Law Attorney

Mediator

Financial Advisor

Wealth Manager

Property Valuer

Chartered Accountant

Tax Consultant

Corporate Lawyer

Estate Planner

HR Manager

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Insurance Advisor

Compliance Officer

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