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Private Divorce Agreement Template for India

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Key Requirements PROMPT example:

Private Divorce Agreement

"I need a Private Divorce Agreement for a mutual consent divorce involving two school-age children, shared ownership of a family business, and properties in both Mumbai and Dubai, with the agreement to be finalized by March 2025."

Document background
A Private Divorce Agreement is a crucial document used in Indian divorce proceedings when both parties mutually agree to dissolve their marriage. This agreement, which must comply with Indian matrimonial laws and personal laws applicable to the parties' religion, serves as the foundation for the subsequent court proceedings. It is typically prepared before approaching the family court and includes comprehensive provisions for asset division, maintenance arrangements, child custody and support, and other crucial aspects of the marriage dissolution. The document is particularly important in mutual consent divorce cases under various Indian personal laws, as it demonstrates the parties' agreement on all material aspects of the divorce. The agreement must be drafted carefully to ensure it addresses all legal requirements while protecting both parties' interests and rights, especially concerning property division and child welfare matters.
Suggested Sections

1. Parties: Full legal names, addresses, and details of both spouses

2. Background: Details of marriage date, place, registration, current living situation, and reasons for divorce

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

4. Mutual Consent for Divorce: Declaration of mutual agreement to divorce and confirmation that decision is voluntary

5. Date of Separation: Agreed official date of separation and its implications

6. Division of Property: Detailed arrangement for division of all marital assets and liabilities

7. Maintenance/Alimony: Terms and conditions of any maintenance or alimony payments

8. Child Custody and Access: Primary custody arrangements, visitation rights, and decision-making authority regarding children

9. Child Support: Financial arrangements for child support, including education and healthcare

10. Legal Proceedings: Agreement regarding filing of divorce petition and cooperation in legal proceedings

11. Confidentiality: Terms regarding privacy and confidentiality of agreement details

12. Governing Law: Specification of applicable Indian laws governing the agreement

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

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

Optional Sections

1. Religious Ceremonies: Terms regarding religious aspects of divorce, relevant for couples married under religious laws

2. Business Interests: Division or handling of joint business interests, if applicable

3. Intellectual Property Rights: Division of intellectual property acquired during marriage

4. Insurance Policies: Arrangements regarding life, health, or other insurance policies

5. Pets and Animals: Custody and care arrangements for family pets

6. Foreign Assets: Handling of assets located outside India

7. Social Media and Digital Assets: Agreement regarding social media accounts and digital assets

8. Future Communication Protocol: Guidelines for future communications between parties, especially relevant with children

9. Restraining Orders: Any protective or restraining orders if there's history of domestic violence

10. Tax Implications: Agreement on handling tax liabilities and benefits

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all immovable properties with ownership details

2. Schedule B - Personal Assets: List of personal assets including vehicles, jewelry, furniture, etc.

3. Schedule C - Financial Assets: Details of bank accounts, investments, mutual funds, shares, etc.

4. Schedule D - Liabilities: List of all joint and individual liabilities including loans and mortgages

5. Schedule E - Child Care Schedule: Detailed visitation schedule and special arrangements for holidays

6. Schedule F - Maintenance Calculation: Detailed breakdown of maintenance/alimony calculations

7. Appendix 1 - Marriage Certificate: Copy of original marriage certificate

8. Appendix 2 - Children's Information: Details of children including birth certificates and current arrangements

9. Appendix 3 - Property Documents: Copies of property documents and ownership certificates

10. Appendix 4 - Financial Statements: Recent bank statements and financial documents

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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