Amicable Divorce Agreement Template for India

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Key Requirements PROMPT example:

Amicable Divorce Agreement

"I need an Amicable Divorce Agreement for a Hindu couple married for 15 years, with mutual consent to divorce and shared property in Mumbai, but no children; we want to ensure equal division of assets and include a confidentiality clause."

What is a Amicable Divorce Agreement?

The Amicable Divorce Agreement is a crucial document used in Indian divorce proceedings where both parties mutually agree to dissolve their marriage. It is primarily governed by Section 13B of the Hindu Marriage Act 1955 for Hindu marriages, or corresponding provisions in other personal laws or the Special Marriage Act 1954. This agreement is used when spouses have reached a mutual understanding regarding their separation terms and serves as the foundation for their divorce petition to the court. The document comprehensively covers aspects such as financial settlements, asset division, maintenance arrangements, and where applicable, child custody and support. It must be drafted in compliance with Indian matrimonial laws and should clearly reflect the voluntary nature of the divorce decision. This agreement is typically filed along with the divorce petition and forms a crucial part of the court's consideration during the mandatory cooling-off period.

What sections should be included in a Amicable Divorce Agreement?

1. Parties: Details of both spouses including full legal names, addresses, and religious law under which marriage was solemnized

2. Background: Information about the marriage, including 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 divorce voluntarily and with mutual consent

5. Living Arrangements: Agreement on separate living arrangements and non-interference in each other's lives

6. Financial Settlement: Details of one-time financial settlements, division of joint assets and liabilities

7. Maintenance Provisions: Terms of any ongoing maintenance or alimony arrangements

8. Joint Assets and Liabilities: Agreement on division of property, investments, and settlement of joint debts

9. Mutual Release: Release of all claims against each other except those specified in the agreement

10. Confidentiality: Terms regarding privacy and non-disclosure of personal matters

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

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

What sections are optional to include in a Amicable Divorce Agreement?

1. Child Custody and Access: Required if the couple has children - details 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. Business Interests: Required if either party owns business interests that need to be divided

4. Intellectual Property Rights: Required if there are joint or individual IP rights that need to be addressed

5. Insurance Policies: Required if there are life, health, or other insurance policies that need to be addressed

6. Religious Ceremonies: Required for couples who need to address religious aspects of divorce

7. International Assets: Required if couple has assets in multiple countries

8. Future Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes

What schedules should be included in a Amicable Divorce Agreement?

1. Schedule A - Property Details: Detailed list and description of all immovable properties and their agreed division

2. Schedule B - Financial Assets: List of all bank accounts, investments, mutual funds, shares, and their division

3. Schedule C - Personal Effects: List of personal items, jewelry, vehicles, and their agreed distribution

4. Schedule D - Outstanding Liabilities: List of all joint debts, loans, and their settlement plan

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

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

7. Appendix 2 - Property Documents: Copies of property ownership documents referenced in Schedule A

8. Appendix 3 - Financial Statements: Recent bank statements, investment portfolios, and other financial documents

Authors

Alex Denne

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

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